Complaint filed on: 17-07-2023.

                                                      Disposed on: 24-11-2023

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, TUMAKURU

DATED THIS THE 24^th DAY OF NOVEMBER, 2023

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER

SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER

CC.No.110/2023

Smt. Shilpashree K.S. W/o Satheesh N

A/a 36 years, R/at Vaibhava,

60 ft road, 3^rd Cross, 1^st Main,

Opposite Bettashri Complex,

Sapthagiri Layout south, Tumkur.

……………….Complainant/s

(In person)

                                                V/s

Akash Raj, Founder and CEO

Cloudy ML E-Learning (OPC) Pvt Ltd.,

Hindustan Park, St.No.2,

OPPT. L.I.C. Asansol Asansol,

Bardhaman, West Bengal-713 304,

INDIA.

……………….Opposite Party/s

(Served – absent)

: O R D E R :

BY SRI.KUMARA.N., MEMBER

This complaint was filed by the complainant U/s 35 of the Consumer Protection Act 2019 to direct the OP to pay/refund Rs.23,000-00.

2.        It is the case of the complaint that the OP is the Founder and CEO of Cloudy ML E – Learning (OPC) Pvt. Ltd., and the complainant purchased the Data science course from Cloudy ML on 24/12/2022 by paying an amount of Rs.11,799-00 through Rozarpay (Payment ID:pay_Kvcu0z7MJA3ZZs).  It is further submitted that the course was not good, the complainant left the course after two days of purchase of said course and hence asked for refund of the amount paid by her on 30.12.2022 through e-mail and phone call & issued legal notice dated 23-05-2023, but the OP refused to refund the money despite several requests, hence, this complaint.
3.        After the complaint registered, Commission notice was served to the OP but OP remained absent, (called out absent).
4.        The complainant has filed his affidavit evidence and marked the documents at Ex.C1 to C4. 
5. .       We have heard the arguments of the complainant.

6.       The points that would arise for our consideration are:-

1. Whether the complainant proves the negligence/deficiency in service on the part of  OP?

2. Is complainant entitled to the reliefs sought for?

7.       Our findings on the aforesaid points are as follows:

Point No.1: Partly in the affirmative

Point No.2: As per below order

:R E A S O N S:

Point Nos.(1) & (2):- Point No.1 to 2:

8.       The complainant argued that, the OP misguided that, Data science course i.e.  Cloudy ML, was useful in all aspects of the life, which covers the all aspects of life & helps the complainant in searching & getting jobs, by believing the OP assurance, the complainant purchased the Data science course i.e.  Cloudy ML, from the OP on 24/12/2022 and paid an amount of Rs.11,799-00. But after receiving the Data science course, the complainant shocked after watched the course, since the course not having the information as the OP assured and the quality of the course is also poor. The complainant immediately called the OP, but the OP advised the complainant to watch the course further. The complainant after watching the course the content of the course is not at all related and useful as the OP assured. The complainant requested the OP to refund the amount of Rs.11,799-00 collected from the complainant, by giving false assurance, the OP refused. This act of the OP leads to the deficiency of service on the part of OP, hence prayed to allow the complaint and award compensation.

9. The documents produced by the complainant, proves that the complainant purchased Data science course i.e.  Cloudy ML, from the OP and paid Rs Rs.11,799-00 to the OP towards the consideration. It’s the responsibility of the OP to fulfill the requirements as promised to the complainant before the purchase, if not, which leads to unfair trade practice by the OP. The OP after the complaint raised by the complainant, it’s the essential duty to resolve the issue, but the OP even not attempted, hence the OP is liable to refund the amount of Rs.11,799-00 to the complainant by collecting back the defected course supplied by the OP. The OP without resolving the complaint of the complainant compelled the complainant to approach this commission, hence, the OP is liable to pay Rs 0000000=00, towards litigation cost. & Rs 000000 towards compensation, accordingly, we proceed to pass the following;

• The complaint is allowed in part and OP is directed to pay            Rs.11,799-00 (Rs. Eleven thousand seven hundred ninety nine only) by collecting back the defective course material supplied to the complainant, and further directed to pay Rs.4,000.00(Rs.Four Thousand only) and Rs.4,000.00(Rs.Four Thousand only) towards compensation, and litigation cost to the complainant, within 45 days of this order, otherwise it carry cost of Rs 150=00 per day from the date of this order to till realization.
• Furnish copy of this order to the complainant and opposite party at free of cost.