DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 25th DAY OF SEPTEMBER, 2024.
PRESENT : SRI. VINAY MENON .V, PRESIDENT.
: SMT. VIDYA .A, MEMBER.
: SRI. KRISHNANKUTTY N .K, MEMBER.
Date of filing: 06.06.2024.
CC/214/2024
Radhakrishnan.K.V, - Complainants
S/o.Velayudhan, Padiyathodi Home,
Kaliyode, Karimba Post,
Palakkad, Kerala-678 597.
(Party-in-person)
VS
Akash Educational Service Ltd,, -Opposite Party
Thrissur Branch, 2nd Floor,
Avenue Tower, East fort Junction,
RC Bishop House Road,
OPP. Marthoma Church, Thrissur.
ORDER
BY SRI. KRISHNANKUTTY N .K, MEMBER.
1. Pleadings of the complainant in brief
The complainant’s daughter joined the online course offered by the opposite party. The fees prescribed for the course was Rs.37,104/-. On 31st March, 2024, Rs.9,261/- was remitted to the opposite party through Google Pay towards security deposit, processing fee and down payment. Balance amount of fee was arranged by the opposite party as loan from M/s. Bajaj Finance. Since the opposite party failed to provide the online class as offered, the complainant decided to discontinue the course and sought refund from the opposite party. Because of the continuous efforts and personal contacts, the opposite party refunded only Rs.2,000/- on 04.06.2024.
Aggrieved by this, the complainant approached this Commission seeking a total relief of Rs.2,98,267/-.
2. Complaint was admitted and notice was issued to the opposite party. They did not enter appearance, hence was set ex-parte.
3. The complainant filed proof affidavit and marked Ext.A1 to A6 as evidence. Ext.A1 is the copy of the complainant’s Aadhar Card, Ext.A2 (a) and (b) are the copies of letters written to the opposite party for discontinuation of the course, Ext.A3 is the screenshot of the Google pay, Ext.A4 and A5 are the alerts for EMI from Bajaj Finance, and Ext.A6 is the record of refund application dated 05.04.2024.
4. In the absence of any counter pleadings from the side of the opposite party, the merits of the case can be considered on the basis of the proof affidavit filed by the complainant along with the documents marked.
5. As the complainant submitted the letter for discontinuation of course as per Ext.A2 (a) and (b) and sought refund and the same has been recorded by the opposite party as per Ext.A6, the opposite party is bound to refund the course fee and other charges collected directly from the complainant and the loan arranged by the opposite party in complainant’s name. The failure of the opposite party to do so amounts to deficiency in service and unfair trade practice.
6. As the deficiency in service and unfair trade practice is proved as above, the complaint is allowed ordering the following reliefs;
1. The opposite party is directed to refund Rs.9,261/- paid by the complainant along with interest @ 10% pa from 31.03.2024 till the date of payment.
2. The opposite party is also directed to pay Rs.28,006/- along with interest @ 10% pa from 31.03.2024 till the date of payment for closing the loan availed from Bajaj Finance.
3. Rs.50,000/- is be paid by the opposite party to complainants as compensation for mental agony and opportunity loss.
4. The opposite party is also liable to pay Rs.5,000/- as cost of the litigation.
Pronounced in open court on this the 25th day of September, 2024.
Sd/-
VINAY MENON .V, PRESIDENT.
Sd/-
KRISHNANKUTTY N .K, MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Exts.A1: Copy of the Aadhar Card of the complainant.
Éxt.A2(a) & (b): Copy of letter written to opposite party for discontinuation no of the course.
Ext.A3: Screen shot of the print out of payment through G-pay for Rs.9261/-.
Ext.A4: EMI message from Bajaj Finance dated 02.05.2024.
Ext.A5: EMI message from Bajaj Finance dated 02.06.2024.
Ext.A6: Screen shot of record of refund application dated 05.04.2024.
Document marked from the side of Opposite party: Nil
Document marked from the side of Court: Nil.
Witness examined on the side of the complainant: Nil.
Witness examined on the side of the opposite party: Nil
Court witness: Nil
Cost : 5,000/-.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5)of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
