Tamil Nadu

South Chennai

CC/346/2016

Dinesh Kumar - Complainant(s)

Versus

By Jusclasses - Opp.Party(s)

R.Dhiraj

10 May 2019

ORDER

                                                                        Date of Filing  : 16.09.2016

                                                                          Date of Order : 10.05.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.346/2016

DATED THIS FRIDAY THE 10^TH DAY OF MAY 2019

                                 

Mr. Dinesh Kumar,

S/o. Mr. Srinivasan,

No.205, 3^rd Street,

P.P. Garden,

Aminjikarai,

Chennai – 600 029.                                                         .. Complainant.                                             

 

         ..Versus..

Byjus Classes,

No.159/160, 3^rd Floor,

Sempurna Towers,

North Usman Road,

T. Nagar,

Chennai – 600 017.                                                    ..  Opposite party.

          

Counsel for the complainant  :  M/s. R. Dhiraj & another

Opposite party                        :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.32,000/- along with interest at the rate of 2% per month and to pay a sum of Rs.5,00,000/- towards compensation for hardship and mental agony with cost.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he enrolled for ‘classroom plus tablet’ course provided by the opposite party for the coaching class of CAT 2016.  The complainant submits that he was employed as an employee in a private service.  The complainant submits that the course fees shall be of Rs.28,000/- and it will be increased to Rs.35,000/- after 28^th October.   In order to avail the discount offer for the course, the students shall pay a sum of Rs.1,000/- as the blocking amount before 20^th October.  The complainant had paid a sum of Rs.32,000/- through credit card.   The complainant submits that as per the advertisement and pamphlets, the opposite party assured that the coaching classes includes pre-recorded videos in the tables along with actual classroom experience.  The course for CAT 2016 will be commenced in the 1^st week of December.   The classes started only in the month of January 2016 without any information.  Thereby, the complainant lost the coaching class for 3 months.   The complainant submits that during the last week of March 2016, the opposite party has informed that the classes were commenced during the month of January 2016.  Thereby, the complainant was not able to join the course and attend the coaching classes for 3 months.  The complainant submits that initially, the opposite party informed that the venue of the classroom is at Anna Nagar wherein, there is no infrastructure and no proper room also.  There was no coaching also.  The pre-recorded videos alone has been observed by the complainant and other students which is also not having better sound and clarity.  

2.     The complainant submits that while expressing the grievances related to non-coaching, deficiency in infrastructure and absence of coaching faculty against the agreed conditions to the opposite party and sent letter through mail on 17.05.2016.  The opposite party has shifted the training center to St. Patrick Educational Institution, Gandhi Nagar, Adayar, Chennai with effect from 22.05.2016 for a very short duration of 15 days.  Thereafter, once again from 05.06.2016, the classes were shifted to Anna Nagar by shift basis.  Thereafter, the opposite party appointed mentor for the classes for the first time from 19.06.2016 which originally commenced from January 2016 and shifted the class to Anna Nagar from 17.07.2016 and changed the timings as evening shift without any convenience.  The students including the complainant were thrown from one place to another from time to time in an arbitrary manner.  The complainant submits that the opposite party has deliberately ignored the coaching classes for CAT 2016 for the simple reason expected quantity of students not joined for the course and there was no profit to the opposite party.   The opposite party’s Management, and staffs orally made an apology and communicated in watsapp.  The act of the opposite party caused loss of one year.   The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

3.     In spite of receipt of notice, the opposite party has not appeared before this Forum and therefore, the opposite party was set Exparte.  

4.     Though the opposite party remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

5.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to Ex.A4 are marked.

6.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.32,000/- with interest as prayed for?
2. Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for loss of one year, harassment undue hardship, mental agony with cost as prayed for?

7.      On point:-

The opposite party remained exparte. The complainant has filed his written arguments.  Heard the complainant’s Counsel also.  Perused the records namely; the complaints, proof affidavit and documents of the complainant.  The complainant pleaded and contended that he enrolled for ‘classroom plus tablet’ course provided by the opposite party for the coaching class of CAT 2016.  Ex.A1(S) is the Course Enrolment confirmation letter issued by the opposite party.  Further the contention of the complainant is that he was employed as an employee in a private service.  As per Ex.A1, the course fees shall be of Rs.28,000/- and it will be increased to Rs.35,000/- after 28^th October.   In order to avail the discount offer for the course the students shall pay a sum of Rs.1,000/- as the blocking amount before 20^th October.  The complainant had paid a sum of Rs.32,000/- through credit card.   Further the contention of the complainant is that as per the advertisement and pamphlets, the opposite party assured that the coaching classes includes pre-recorded videos in the tables along with actual the actual classroom experience.  The course for CAT 2016 will be commenced in the 1^st week of December.  But the opposite party has not commenced any coaching during the month of December.  The classes started only in the month of January 2016 without any information.  Thereby, the complainant lost the coaching class for 3 months. 

8.     Further the contention of the complainant is that during the last week of March 2016, the opposite party has informed that the classes were commenced during the month of January 2016.  Thereby, the complainant was not able to join the course and attend the coaching classes for 3 months.  The complainant submits that initially, the opposite party informed that the venue of the classroom is at Anna Nagar wherein, there is no infrastructure.   Muchless, there is no proper room also.  There was no coaching also.  The pre-recorded videos alone has been observed by the complainant and other students which is also not havinig better sound and clarity.   Further the contention of the complainant is that while expressing the grievances related to non-coaching, deficiency in infrastructure and absence of coaching faculty against the agreed conditions to the opposite party and sent letter through mail on 17.05.2016.  The opposite party has shifted the training center to St. Patrick Educational Institution, Gandhi Nagar, Adayar, Chennai with effect from 22.05.2016 for a very short duration of 15 days.  Thereafter, once again from 05.06.2016, the classes were shifted to Anna Nagar by shift basis.  Thereafter, the opposite party appointed mentor for the classes for the first time from 19.06.2016 which originally commenced from January 2016 and shifted the class to Anna Nagar from 17.07.2016 and changed the timings as evening shift without any convenience.   The students including the complainant were thrown from one place to another from time to time in an arbitrary manner caused great inconvenience.  

9.     Further the contention of the complainant is that the opposite party has deliberately ignored the coaching classes for CAT 2016 for the simple reason expected quantity of students not joined for the course and there was no profit to the opposite party.   The opposite party’s Management, and staffs orally made an apology and communicated in watsapp proves the deficiency in service.  The act of the opposite party caused loss of one year; is not acceptable because, the complainant himself admitted that the was employed privately.  The complainant is claiming refund of a sum of Rs.32,000/- paid towards fees.  But it is admitted that pre-recorded videos were supplied by the opposite party has been utilized by the complainant.  The complainant is also claiming a sum of Rs.5,00,000/- towards compensation.   But the complainant has not proved for such huge claim in the manner known to law.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall refund a sum of Rs.32,000/- received by way of fees for the said coaching CAT 2016 with a compensation of Rs.15,000/- for mental agony with cost of Rs.5,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite party is directed to refund a sum of Rs.32,000/- (Rupees Thirty two thousand only) being fees received for the coaching classes for CAT 2016 Examination and to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 10^th day of May 2019. 

 

MEMBER                                                                  PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1		Copy of email correspondences
Ex.A2	25.07.2016	Copy of legal notice sent to the opposite party
Ex.A3	26.07.2016	Copy of acknowledgement of receipt of legal notice
Ex.A4	27.07.2016	Copy of screenshot of WhatsApp message

 

 

 

MEMBER                                                                  PRESIDENT