Chandigarh

DF-II

CC/587/2021

Avtar Singh - Complainant(s)

Versus

BY-JU's - Opp.Party(s)

Adv. Naresh Kumar Bedi

08 Jul 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	587 of 2021
Date  of  Institution	:	03.09.2021
Date   of   Decision	:	08.07.2024

 

 

 

 

 

1]  Avtar Singh aged 43 years, son of Sh.Jarnail    Singh,

2]  Navdeep Kaur, aged 38 years, w/o Avtar Singh,

Both residents of H.No.3301/2, Sector 40-D, Chandigarh

             …..Complainants

 

Versus

BY-JU’s Chandigarh Office, Plot No.J-7, Rajiv Gandhi I.T. Park, Ground Floor, Chandigarh 160101 through its Proprietor/Manager/ Authorized Signatory

    ….. Opposite Party

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                    MR.B.M.SHARMA,                 MEMBER

                               

Argued by  :-

Sh.Naresh Kumar Bedi, Counsel for the complainant  

OP Exparte

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

        The complainant has filed the present complaint pleading that they purchased Education App of OP known as BYJU’s Learning App in the name of complainant No.1 on 30.6.2019 by paying an amount of Rs.6200/- in cash (Ann.C-2) out of total consideration of Rs.One Lakh and the remaining amount was to be paid in monthly installment of Rs.4656/- to be deducted from the account of the complainant No.2.  It is pleaded that the OP assured the complainants to provide one Tutor and that in case of any complaint, they shall have the right to cancel the Education App and sought refund.  It is stated that the complainants requested the OP to provide the Tutor (Ann.C-4) but they did not provide it and instead kept on deducting monthly installment of Rs.4656/- per month.  Ultimately, the complainants requested the OP to cancel the said App and to refund their amount but the OP neither cancelled the said App nor refunded the amount. Then the complainants sent legal notices to the OP (Ann.C-5 to C-12) but to no avail.  However the OP has stopped deducting the payment of installment of Rs.4656/- per month but did not refunded the amount to the complainants. Hence, this complaint has been filed with a prayer to directed the OP to refund an amount of Rs.15,512/- and also to pay compensation for the loss, harassment, agony along with litigation cost & interest.

 

2]       The Opposite Party did not appear despite service of notice through publication, hence it was proceeded against exparte vide order dated 25.08.2023.

 

3]       Complainants led evidence in support of their contentions.

4]       We have heard the ld.Counsel for the complainants and have gone through the documents on record.

5]       From the submissions of the complainant and the documentary evidence especially Ann.C-2, it is observed that the complainant No.1 paid Rs.6200/- in cash to OP for BUJU’s Learning APP.  Ann.C-3 – Account Statement of the complainants proves the deduction/payment of Rs.4656/- twice from the account.  The complainants also proved that they had sent legal notice to the OP seeking refund of their amount.  It is also observed that the non-refund of the amount to the complainants despite request for the same amounts to deficiency in service as well as unfair trade practice on the part of OP.

6]       Moreover, the OP did not appear to contest the case and preferred to proceed against ex-parte, which shows that the OP has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant qua OP have gone unrebutted & un-controverted.

7]       In the light of above observations & findings, the present complaint deserves to succeed against the OP.  Accordingly, the present complaint is partly allowed against OP.  The OP is directed to refund the an amount of Rs.15,512/- to the complainant on account of deficient services and unfair trade practice as a result the complainant has to suffer financial loss, harassment and mental agony.  

         The above said order shall be complied with by the OP within a period of 90 days from the date of receipt of copy of this order.

 

8]       The pending application(s) if any, stands disposed of accordingly.

         The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.

Announced

08.07.2024                                                               Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (B.M.SHARMA)

MEMBER