Byju's Think & LearnPvt.Ltd V/S Riltu Goel - Consumer Court Case

Punjab

Ludhiana

CC/19/590

Riltu Goel - Complainant(s)

Versus

Byju's Think & LearnPvt.Ltd - Opp.Party(s)

Ashutosh Sharma Adv.

21 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

Complaint No: 590 dated 23.12.2019. Date of decision: 21.12.2022.

Mrs. Ritu Goel wife of Shri Aman Goel, resident of H. No.57-B, J.J. Enclave, Dugri, Phase-III, Opposite Army Flats, Ludhiana. ..…Complainant

Versus

BYJU’S (Think and Learn Pvt. Ltd.) through its Managing Director Headquarter Office Address: 6^th Floor, Tower D, IBC Knowledge Park, Banneghatta Main Road, Bangalore-560029.
BYJU’S (Think and Learn Pvt. Ltd.) through its Head, Phase-VIII, Industrial Area, Sector-73, Sahibzada Ajit Singh Nagar, Punjab-140308.
BYJU’S (Think and Learn Pvt. Ltd.), through its Head Feroze Gandhi Market, Ludhiana. …..Opposite parties

Complaint Under Section 12 of the Consumer Protection Act, 1986.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

COUNSEL FOR THE PARTIES:

For complainant : Complainant Smt. Ritu Goel in person with Sh. Ashutosh Sharma, Advocate.

For OPs : Exparte.

ORDER

PER JASWINDER SINGH, MEMBER

1. Briefly stated, the facts of the case are that opposite party No.1 is a Pvt. Ltd. company which provides learning program to the students through Tablet Application from Classes 1^st to 3^rd and 4^th to 12^th and opposite party No.2 and 3 are the branches of opposite parties No.1. On 06.10.2019, the opposite parties through their employees Mr. Darpan Garg having employee Id No.21827593 and Mr. Shubham to buy the program of BYJU’S Learning app for the complainant’s daughter Ananya, a student of 9^th class. Initially the complainant was reluctant to the subscription to the program but these two employees assured and represented the complainant that it is an excellent learning program for the students for their academic excellence and in case the complainant is not satisfied then she can return the said program within 15 days from the receipt of tablet and bag. Acting upon the assurance of the representatives of the opposite parties, the complainant paid Rs.4450/- through debit card and Rs.40,050/- through Bajaj Finserv Finance company to the opposite parties on 06.10.2019, copy of the receipt is Ex. A1. The complainant was provided for catalog/brochure Ex. A2, and assured that the kit containing tablet and bag would reach through courier till 12.10.2019. The complainant received the kit on 12.10.2019 through Criticalog Courier and Logistic Service at 07.00 PM and the receipt to this effect is Ex. A3. The complainants daughter Ananya started using the tablet on 13.10.2019 and she also received welcome emails on her email address th day i.e. 25.10.2019 sent email to the opposite parties about her decision of returning the learning program at email Id

2. Upon notice, the opposite parties did not appear despite service and were proceeded against exparte vide order dated 26.11.2020, 16.03.2022 and 04.10.2022 respectively.

3. In evidence, the complainant tendered her affidavit as Ex. AA and reiterated her averments of the complaint. The complainant also placed on record documents Ex. A1 to Ex. A12 and closed the evidence.

4. We have heard the counsel for the complainant and also gone through the complaint, affidavit and documents annexed by the complainant.

5. Perusal of Ex. A1 shows that there are provided terms and conditions. As per condition No.9 which is reproduced as under:-

‘9. A student/parent may apply for a refund within a period of 15 (fifteen) days after signing the application form. The request shall be made within the end of 15^th days from the date of signing the said application through an email to th day onwards, the student/parent will not be eligible for a refund of the course fee. The decision of the Company regarding the eligibility of a student/parent to claim a refund shall be final and binding. The company will issue refunds for those cases which are eligible for a refund via cheque, NEFT or any other mode that it so prefers. The company is not obligated to refund the amount by cash.’

The complainant received the kit and bag on 12.10.2019 and started using the same on 13.10.2019 and feeling dis-satisfied with the program, the complainant wanted to discontinue with the course and as such, the complainant intimated for refund on 25.10.2019 vide email Ex. A6. The complainant had acted as per the term No.9 of the policy of the opposite parties. It is pertinent to mention here that in order to enhance the learning skill of her minor daughter, the complainant had to advance a loan from a financial institution to meet with the course fee and has to pay interest on the same amount. The complainant made several representations through emails to the opposite parties and even served a legal notice dated 21.11.2019 for refund of the amount but the opposite parties never entertained and processed the request of the complainant. During this process, not only the complainant but her minor daughter who was pursuing the carrier oriented course also suffered mental agony and harassment. As such, there is deficiency in service and unfair trade practice on the part of the opposite parties.

6. As a result of above discussion, the complaint is allowed exparte with an order that the opposite parties shall be jointly and severally liable to pay the amount of Rs.44,500/- to the complainant along with interest @8% per annum from 06.10.2019 till date of actual payment. The opposite parties shall further pay a composite compensation of Rs.7,000/- (Rupees Seven Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

7. Due to huge pendency of cases, the complaint could not be decided within statutory period.

(Monika Bhagat) (Jaswinder Singh) (Sanjeev Batra) Member Member President

Announced in Open Commission.

Dated:21.12.2022.

Gobind Ram.