IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated, the 21st day of May, 2022.
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 159/2021 (Filed on 24-08-2021)
Petitioner : Jyothish K.
Kappipparampil House,
Perumpanachy P.O.
Changanacherry – 686536.
Vs.
Opposite parties : 1) BYJU’s 2nd Floor,
Tower D, IBC Knowledge Park,
4/2, Bannerghuttu Main Road,
Bengaluru.
(Adv. Mathew Thomas)
2) ZEST MONEY,
CCAMDEN TOWN TECHNOLOGIES PVT LTD.
Ground Third Floor,
INDIQUBE CELESTIA,
Site No.D4.20, Koramangala IA
Block, Bengaluru,
Karnataka – 560034.
O R D E R
Sri. K.M. Anto, Member
The case is filed under Section 35 of the Consumer Protection Act, 2019.
The brief of the complainant’s case is as follows.
The complainant had purchased a UPSC Tab oriented course material from the first opposite party during 2018. The cost for the course material was paid with a loan from the second opposite party, which is to be paid in EMI’s through Bank. Complainant paid the EMIs to the Axis Bank account of the second opposite party, later as advised by the staff of the first opposite party, money was paid to the account of BYJU’s Think and Learn Private Limited. But the money paid to the account of Think and Learn Pvt. Ltd. was not accounted by the second opposite party. The second opposite party had informed the complainant that the payment is pending. Then the complainant had sent the details of the payments made to Think and Learn Private Limited to the customer care of the second opposite party through E-mail. No action was taken by the opposite parties to credit the payments which was made to Think and Learn Private Ltd. to the loan account of the complainant. Complainant had made all the payment of the loan, yet the opposite parties are demanding payment of more money. The act of the opposite parties is unfair trade practice and deficiency in service. Hence this complaint.
On admission of the complaint, copy of the complaint was duly served to the opposite parties. The opposite parties failed to file their version or to appear before the Commission to defend their case. The opposite parties are set exparte.
The complainant filed proof affidavit and marked documents Ext.A1 to A7.
On the basis of the complaint, proof affidavit of the complainant and evidence on record, we would like to consider the following points.
- Whether there is unfair trade practice or deficiency in service on the part of the opposite parties?
- If so, what are the reliefs and costs?
For the sake of convenience, we would like to consider Point No.1 and 2 together.
On going through the complaint, proof affidavit of the complainant and evidence adduced, it is clear that the complainant had purchased UPSC tab oriented course material from the fist opposite party. The cost for the course material was paid by availing a loan from the second opposite party, which is to be paid in EMI’s through Bank. Ext.A1 is the copy of whatsapp chats of the complainant with the opposite parties. Ext.A2 is the Bank transaction statement of the complainant with Federal Bank, Thiruvananthapuram / Statue Branch, which shows that complainant made payment of Rs.4,417/- on 10-07-2019 and 06-11-2019 respectively to the ICICI ac count of Think and Learn. Total amount paid through Federal Bank is paid Rs.8,834/-. Ext.A3 is the Bank account statement of One Ponnamma of the Kottayam District Co-operative Bank Ltd. which shows that complainant had made payments of Rs.4,417/- on 04-05-19 and Rs.4,052/- on 10-05-21 to Camden Town Technology and Rs.4,417/- on 17-08-19 to the account of the Think and Learn. The total amount paid as per Ext.A3 to Axis bank is Rs.8,469/- and paid Rs.4,417/- to ICICI account of Think and Learn Private Limited. Ext.A4 is the account statement of the complainant with the Kottayam District Co-operative Bank Limited, which shows the payment of Rs.8,834/- each on 27-01-2020 and 29-02-2020 and Rs.9,830/- on 08-05-2020 to Think and Learn account. Also the payments of Rs.4052/- each on 18-06-2021 and 14-07-2021 to Camden Town Technology’s account. Then total payment as per Ext.A4 is Rs.27,498/- to ICICI account of Think and Learn and Rs.8,104/- to the second opposite party Bank Account. Ext.A5 is the account statement of the complainant with the Accountant General Office Employees Co-operative Bank Ltd. Bangalore which shows the payment of Rs.4,417/- on 22-02-2019 towards the account of the second opposite party and another payment of Rs.4,417/- on 03-04-2019 towards the account 0022881300003569. The total amount paid as per Ext.A5 document is Rs.8,834/-.
From the above discussed evidence we can see that complainant had made payment of Rs.20,990/- to the Axis Bank Account No.917020001969552 of the Camden Town Technologies Private Ltd. the second opposite party and made payment of Rs.40,749/- to ICICI Account No.004705010492 of Think and Learn Private Limited and Rs.4,417/- to the account No.0022881300003569 towards the repayment of the loan of the complainant. The opposite parties are bound to credit these payments towards the loan account of the complainant. The act of the opposite parties not crediting all the payments properly to the loan account and thereby making the complainant a defaulter is deficiency in service on their part. Hence Point No.1 and 2 is found in favour of the complainant. We allow the complaint and pass the following Order.
- The opposite parties are directed to credit the payments made by the complainant towards the loan account and to close the loan account of the complainant and issue NOC to the complainant within 30 days of receipt of this Order.
- Considering the nature and circumstances of the case, no cost or compensation is ordered.
Pronounced in the Open Commission on this the 21st day of May, 2021.
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1- Copy of whatsapp chat
A2 – Copy of bank transaction with Federal Bank Thiruvananthapuram/Statue Branch
A3 – Copy of account ledger report from 01-01-2018 to 30-06-21 with the Kottayam District Co-operative Bank Ltd. Perumpanachy Branch.
A4 - Copy of account ledger report from 01-06-2021 to 31-10-21 with the Kottayam District Co-operative Bank Ltd. Perumpanachy Branch.
A5 – Account statement from 01-01-2018 to 30-06-21 with the accountant General Office Employees Co-operative Bank Ltd. Bangalore.
A6 – Letter dtd.18-04-2021 from Zest to Jyothish K.
A7 – Whatsapp message
A7(a) – Message
Exhibits from the side of opposite party
Nil
By Order
Assistant Registrar
