PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 132/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Himansi Goyal, Aged about 16 years,

Represented through Guardian Sri. Rajesh Kumar Goyal, aged about 46 years,

S/o-PremchandGoyal, R/O-Bazar Road, Orga, Ps-Jaldega, Simdega,

Jharsuguda 835 201,

At present R/O- Ward No. 2, MandirChowk, Kuchinda, Near RadhaKrishanMandir,

PO-Kuchinda, Dist-Sambalpur, Odisha.                …………….......Complainant.

Vrs.

1. IBC Internal Road, Bhavani Nagar,

S.G. Palya, Bengaluru, Karnataka-560029.

2. Managing Director Byjus,

A-1, Vyapar Marg, Block-A,

Sector-3, Noida, Uttar Pradesh-201301.

3. Zonal Manager, BYJUS,
4.  
4. IIFL Finance Ltd.

802, 8^th Floor, HubtownSolaries. N.S. Phadke Marg, Vijay Nagar, Andheri East, Mumbai-400069…....……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. Rajesh Kumar,
2. For the O.P.No.1 to 3         :- Ex-parte
3. For the O.P. No.4                           :- Sri. B.Panda & Associates

Date of Filing:10.04.2024,  Date of Hearing :04.11.2024,  Date of Judgement :09.12.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The Complainant is a minor and represented through his father guardian. The Complainant subscribed one online tution package from O.P. No.1 to 3 vide Id No. 2204231401140302. One agent of O.P.No.1 to 3 Krushna Dwibedy started that in case the guardian of the Complainant will not be satisfied with the classes then he can cancel the membership within 15 days from date of subscription and full amount will be refunded. The subscription fees was Rs. 1,50,000/- for 4 years for class  IX to XII. The Complainant expressed inability and agreed to pay registration charges of Rs. 10,000/- and the rest amount will be paid through deduction from account on monthly basis. Rs. 10,000/- was paid on 23.04.2022 online, from account of Rekha Agrawalla. On 29.04.2022 the Complainant received a tablet and on 07.05.2022 study materials of class IX.

Complainant not satisfied with the classes intended to cancel the subscription and intimated the O.Ps, sent mails but the O.P.No.1 to 3 remained silent.

In June, 2022 Complainant received phone call from O.P.No.1 to 3 to return the study materials and assured to return Rs. 10,000/-. The Complainant instructed Bank for stop payment to O.P.No.1 to 3. On 26.10.2023 Complainant received a demand notice to O.P.No.4 for Rs. 1,36,173/-. The O.P.No.1 to 3 were contacted but no answer received. The agent also resigned from Byjus by then.

On 23.03.2023 a phone call from Kolkata police station came and warned to pay the dues.

Being aggrieved complaint has been filed.

2. The O.P.No.1 to 3 have been set ex-parte.
3. The O.P.NO.4 in reply submitted that the Complaint is not maintainable. There is no cause of action. O.P.No.4 is a financial institution and provide loan to needy students. The Complainant availed Education term loan of Rs. 1,36,173/- vide agreement dated 23.04.2022. prospect ID No. 94260366811983 corresponds to loan No. Sl-3436041. The Complaint has to discharge the debt within a span of 12 months with a monthly EMI of Rs. 12,410/- at the rate of 13.25% interest P.A. The Complainant is a defaulter for which foreclosure letter dated 25.05.2024 was issued demanding a total of Rs. 49,452/- as on 25.05.2024. To harass the O.Ps complaint has been filed.
4. The Complainant filed following documents:

1. DKABJS 220070277 postal endorsement regarding delivery.
2. Rs. 10,000/- payment through UPI Tr. I.D. 211317020872 from Rekha Agrawal.
3. Cancellation request dated 26.05.2022.
4. Notice of O.P.No.4 dated 26.10.2023 prospect No. Sl-3436041 notice ID-7446.

The O.P.No.4 submitted following documents:

1. Agreement Cum application form dated 23.04.2022.
2. Declaration
3. Acknowledgement of loan application. Sanction letter dated 23.04.2022
4. Sanction letter dated 23.04.2022
5. Standard Terms.
6. Drawdown request.
7. Notice dated 25.05.2024.

5. From the contention of the parties it reveals that the Complainant when expressed her inability to pay the course fees of Rs. 1,50,000/- around the O.P.No.1 to 3 have made alternative arrangement by providing financial assistance from O.P.No.4. The Complainant entered into agreement with O.P.No.4, executed loan documents a term loan of Rs. 1,36,173/- with 13.25% interest P.A.

The Complainant on 26.05.2022 gave mail to O.P.No.1 to 3 that she is not satisfied with the teaching methods and requested for cancellation of the subscription. The Complainant paid Rs. 10,000/- on 23.04.2022 for registration. The Complainant not filed any documents to show that the O.P.No.1 to 3 agreed to refund the full amount paid as per column no.17 of the terms and conditions. The Complainant has received the study materials and later cancelled the subscription.

6. The Complainant miserably failed to prove the deficiency in service of the O.Ps.

In such circumstances the complaint has not merit and accordingly dismissed.No cost.

 Order pronounced in the open court on 9^th day of Dec 2024.

Supply frees copies to the parties.