5BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.205 of 2021
Date of Instt. 02.06.2021
Date of Decision: 24.02.2023
Gurinder Singh aged about 38 years S/o S. Avtar singh, r/o H. No.200, Thakur Singh Colony, Bashirpura, Jalandhar.
..........Complainant
Versus
BYJU’s, 2nd Floor, Tower D, IBC Knowledge Park, 4/1 Bannerghatta Main Road, Bengaluru through its representative/authorized person.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Sushant Kohli, Adv. Counsel for the Complainant.
OP exparte.
Order
Jyotsna (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant has purchased the product of OP i.e. Byju's the learning App vide receipt no.TNL190923000006583 dated 26.10.2019 through BYJU Employee ID:21830105, Employee Name:Rajat Chauhan in total amounting to Rs.47,000/- and paid the sum of Rs.4700/- in cash and rest of the payment shall be made in twelve equal installments of Rs.3525/-. The complainant has received the product of OP on 06.11.2019. But, the complainant was not satisfied with the product of OP and due to that reason, the representative of OP assured the complainant that the complainant can return the product within stipulated time and all the money of the complainant shall be refunded within 15 days. As per the refund/return policy of OP, the complainant had informed the OP about his dissatisfaction from the product and informed the OP vide various Emails. Accordingly, the opposite party issued a ticket number 4219959 to the complainant. Even thereafter, the OP demanded the product back at the above said address of OP and the OP assured the complainant that all the cash and EMIS which have been deducted by the opposite party, along with all the courier charges, shall be returned/ refunded to the complainant, within stipulated time from the date of receiving the product by the OP. On the assurance of OP, the complainant has sent the product i.e. Lenovo Tab 7 Essential Serial no. HKL5L1HE on dated 04.12.2019 at the above said address of opposite party vide courier service DTDC Express Limited along with all the notebooks and the accessories which was sent separately, on which the complainant have borne the cost of Rs.3000/- as courier charges for sending your product back to the OP, for which, receipts are already been mailed to the OP. Along with that, the cash entries are also available with the OP. On dated 09.12.2019, the opposite party through his bank deducted one another EMI worth Rs.3525/- from the account no.20098058684 of the complainant in State Bank of India, Branch Guru Gobind Singh Avenue, Jalandhar. Thereafter the OP intimated the complainant through Email to give detail of the bank account of the complainant along with the courier charges receipt, so that the office of OP can transfer the refund amount in the bank. On dated 24.12.2019, the OP refund the amount of Rs.4700/- but till date, the complainant has not received the balance amount of Rs.6525/- (Rs. 3525/- EMI and Rs. 3000/- as courier charges), as the OP has promised to the complainant. After the requests to the OP even the legal notice was sent by the complainant through counsel on dated 21-07-2020 through registered post, the OPs did not bother to reply the same and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to return the money of the amount of Rs.6525/- (Rs.3525/- EMI and Rs.3000/- as courier charges). Further, OPs be directed to pay a compensation of Rs.1,00,000/- for causing mental tension and harassment to the complainant and Rs.50,000/- as litigation expenses with 12% interest.
2. Notice of the complaint was given to the OP, but despite service OP failed to appear and ultimately OP was proceeded against exparte.
3. In order to prove his respective version, the counsel for the complainant has produced on the file his respective evidence.
4. We have heard the learned counsel for the complainant and have also gone through the case file very minutely.
5. The complaint has been filed by the complainant, wherein it has been alleged that the complainant had purchased product of OP i.e. BYJU’s the learning App for total amount of Rs.47,000/-. The complainant had paid a sum of Rs.4700/- in cash, which is evident from Ex.C-1 and balance amount was payable in twelve equal instalments of Rs.3525/- each. The complainant was not satisfied with the product and informed about the dissatisfaction to the OPs within stipulated time. The OP demanded the product back and assured the complainant that all the payment in cash and EMI which have been deducted alongwith all the courier charges shall be refunded to the complainant. The complainant returned the product to the OP through courier on 04.12.2012 and paid courier charges of Rs.3000/-, which is evident from Ex.C-2 & Ex.C-3. Meanwhile on 09.12.2019, the OP deducted one EMI of Rs.3525/- from the account of the complainant in State Bank of India, which is evident from Ex.C-4. Thereafter the OP has returned Rs.4700/- only to the complainant, but the amount of one EMI of Rs.3525/- which was deducted by the OP and Rs.3000/- paid by the complainant as courier charges has still not been returned/refunded by the OP.
6. On the other hand, the OPs have not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-6.
7. In view of the above detailed discussion, it is clear that OPs has returned Rs.4700/- received in cash but has failed to return Rs.3525/- deducted as EMI and Rs.3000/- paid by the complainant as courier charges. This is clear cut case of deficiency in service, therefore the OP is directed to refund Rs.6525/- alongwith interest @ 6% per annum from 04.12.2019, till its realization. Further, OPs are directed to pay a compensation including litigation expenses of Rs.10,000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
24.02.2023 Member Member President
