Punjab

Ludhiana

CC/24/749

JATINDER KUMAR MIDDHA - Complainant(s)

Versus

BYJU COMPANY - Opp.Party(s)

09 Dec 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                             Consumer Complaint No: 749 dated 23.05.2024.                                      Date of decision: 09.12.2024.

 

1. Jatinder Kumar Middha S/o. Gulshan Kumar, Address: House No.3671, New Madhopuri, Street No.6, Ludhiana, Punjab-141008 Aadhar Card Number 599217555525
2. Manveer Middha S/o. Jatinder Kumar Middha, age-2/2/2010, Address House No.3671, New Madhopuri, Street No.6, Ludhiana, Punjab-141008                                                                          ..…Complainants

                                                Versus

1. BYJU Company having registered office at 2^nd Floor, Tower-D, IBC Knowledge Park, 4/1, Bannerghatta Main Road, Bengluru-560029 Karnataka through Managing Director, Bengluru, Karnatka.
2. Managing Director of Think & Learn Private Limited, 2^nd Floor Tower D, IBC Knowledge Park 4/1, Bannerghatta Main Road, 560029, Bangaluru, Karnataka.                                                                                                                                                                             …..Opposite parties 

Complaint filed Under Section 35 of the Consumer Protection Act, 2019 for deficiency in service & unfair trade practice against the respondents, along with supporting affidavit.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Complainant No.1 Sh. Jatinder Kumar Middha                                         in person.

For OPs                         :         Exparte.

 

ORDER

PER MONIKA BHAGAT, MEMBER         

 

1.                Shorn of unnecessary details, the facts of the case are that son of complainant No.1 i.e. complainant No.2 Manveer Middha choose hybrid course of the OPs for which they paid Rs.50,000/- as course fee. As complainant No.2 was not satisfied with the program as such he cancelled the course during cancellation period and submitted form at Sunder Nagar branch on 23.01.2024 but the OPs forfeited the same. The complainants sent legal notice to the OPs but to no effect. The complainants stated that the act and conduct of the OPs amounts to unfair trade practice and deficiency in service. In the end, the complainant prayed for issuing directions to the OPs to refund Rs.50,000/- with interest @18% per annum and to pay Rs.30,000/- towards compensation for mental trauma; to pay Rs.99,000/- as compensation for unfair trade practice; to pay Rs.50,000/- for deficiency in service and to pay litigation expenses of Rs.20,000/-.

2.                Upon notice, the OPs did not appear despite service and were proceeded against exparte vide order dated 25.09.2024.

3.                In evidence, complainant No.1 Sh. Jatinder Kumar Middha tendered his affidavit as Ex. CA and reiterated his averments of the complaint. In his affidavit the deponent deposed that his minor son Manveer Midha got admission with OP1 for Hybrid Course of Three years (8^th Grade, 9^th Grade and 10^th Grade CBSE Hybrid Tuition Program at BYJU’S Tuition Centre, Sunder Nagar, Ludhiana and OP2 is providing education on behalf of OP1 to the students for which the OPs demanded Rs.50,000/- including interest in 18 EMIs by raising a loan from his HDFC Bank Credit Card. The deponent pre-closed the loan on 17.01.2024 by paying amount of Rs.43,287.40 in lump sum. The deponent further stated that as per the refund policy of the OPs, in case of non-satisfaction with the services of the OPs, he can take refund of entire amount of fees within 14 days from date of orientation sessions i.e. 12.01.2024. After depositing the fees of Rs.43,287.40, the classes of said courses were started on 12.01.2024. As son of the deponent was not satisfied with BYJUS teaching so he cancelled the course by submitting application for fee refund at OP’s centre at Sunder Nagar, Ludhiana as well as through Email on 23.01.2024 i.e. within 11 days from date of the orientation sessions on 12.01.2024. The OPs sent Email dated 24.01.2024 assuring to process the refund of fee. The deponent further stated that he filed a complaint on Portal of National Consumer Helpline on 17.02.2024  and the OPs assured on portal of NCH to complete the refund process within next 30-45 working days and even NCH remarked that in case of non-satisfaction of company response, the deponent can file complaint before this Commission. The complainant received an Email and text message dated 31.01.2024 from Kotak Mahindra Bank confirming credit of Rs.1/- on 31.01.2024 from bank account of Digiotech Solutions Pvt. Ltd. with remarks BYJUS Bank Account Verification Penny Drop of IMPS transaction. Another Email dated 01.02.2024 and text message 01.02.2024 was sent by the OPs acknowledging the receipt of refund request and assurance to do the needful and also informed that their Senior Managers will call him within next 24 hours to resolve the matter. The complainant sent several Emails dated 23.02.2024, 24.02.2024, 20.03.2024, 22.03.2024, 01.04.2024, 12.06.2024, 24.07.2024 and 15.09.2024 to the OPs to refund the amount but they have failed to refund the said amount. The deponent prayed for refund of Rs.43,287.40; to pay compensation of Rs.30,000/- for mental harassment; to pay compensation of Rs.99,000/- for unfair trade practice; to pay Rs.50,000/- for adopting misleading advertisement and to pay Rs.20,000/- as litigation expenses.

                   The complainants also placed on record documents Ex. C1 to Ex. C12 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. We have also gone through written arguments submitted by the complainant.

5.                In the affidavit Ex. CA, the complainants have reiterated the entire case as set forth in the complaint. They have further proved on record Email dated 06.01.2024 as well as Statement of HDFC Bank Credit Card Ex. C5 vide which amount of Rs.43,287.40 were deposited in the account of OP2 Think and Learn through HDFC Bank Credit Card. Exparte evidence of the complainant has gone unrebutted on the file. From the allegations made in the complaint and the evidence led in support thereof, it has been established that the OPs received a sum of Rs.43,287.40 from the complainants for Hybrid Tuition Program of OP1. However, feeling dis-satisfied with the program, the complainants wanted to discontinue with the course and as such, they intimated for refund vide Fee Refund Form Ex. C6. The complainants had acted as per the terms of the policy of the OPs. It is pertinent to mention here that in order to enhance the learning skill of minor complainant No.2, the complainants had to advance a loan from a financial institution to meet with the course fee and had to pay interest on the same amount. The complainant made several representations through Emails Ex. C7 to the OPs for refund of the amount but every time the OPs assured to look into the matter of refund of fees. However, the OPs deposited Rs.1/- in the account of the complainant No.1 on 31.01.2024 through IMPS transaction as per Email as well as text message dated 31.01.2024 Ex. C9 but till date the OPs have not refunded the remaining amount in the account of the complainant.  During this process, not only complainant no.1 but his minor son i.e. complainant No.2 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 OPs. As a result, the OPs are liable to refund the amount of Rs.43,287.40 to the complainants along with interest @8% per annum from the date of filing of the complaint till actual payment along with composite compensation of Rs.10,000/-.

6.                As a result of above discussion, the complaint is partly allowed exparte with an order that the OPs shall be jointly and severally liable to pay the amount of Rs.43,287.40 to the complainants along with interest @8% per annum from the date of filing of the complaint till actual payment. The OPs shall further pay a composite compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainants. 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.

 

(Monika Bhagat)                              (Sanjeev Batra)               Member                                         President  

 

Announced in Open Commission.

Dated:09.12.2024.

Gobind Ram.