SRI. SAJEESH.K.P : MEMBER
The complainant has filed this complaint under Sec.35 of the Consumer Protection Act 2019,seeking direction against OP to refund the amount of Rs.13,011/- which was collected by OP even after the return of study materials sent by OP and also pay Rs.50,00/- as compensation .
Complaint in brief :-
According to the complaint, complainant entered into a contract with OP for his daughter who was then student of 8th standard in the year 2022. The complainant’s daughter attended counseling of OP’s course on compulsion and thereafter joined their online classes and the complainant paid the demanded consideration of Rs.5000/-. On 19/7/2022, complainant received study materials and the same was not upto the mark and hence decided to complaint and after making several complaints, complainant received Rs.5000/- and there was a balance Rs.13,011/- was unpaid. The tab received from OP was also defective and it was returned to OP. The complainant received Rs.5000/- out of Rs.18011/- only. However, complainant tried customer care to got his problem resolved which become futile. Moreover, the OP is not reachable and became of deficiency in service, this complaint filed by complainant.
After filing the complaint, notice was issued, and the notice was deemed as duly served to OP. The OP has not appeared before the commission and not filed any version. Ultimately the commission had to held that the OP has no version as such in this case came to be proceed against the OP is set exparte.
Even though, the OP has remained ex-parte, it is for the complainant to establish the allegation made by him against the OP. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce his affidavit along with 5 documents which is marked as Exts.A1 to A5. Ext.A1 is the copy of e-mail, , Ext.A2 is the courier receipt, Ext.A3 is the CD, Ext.A4 is the copy of e-mail and Ext.A5 is the certified copy of bank statement issued by SBI Pilathara branch. The complainant was examined as PW1, so the OP remain absent in this case. At the end the commission heard the case on merit.
Let us have a clear glance into the documents produced by complainant as the OP remained as exparte. According to the complaint, the complainant stated that the study materials supplied by OP lacks standard and hence he requested to take back the materials and also requested to cancel the further steps through email dtd.26/7/2022 which was marked as Ext.A1. Ext.A2 dtd.21/11/2022 indicates that complainant has courier goods to OP worth Rs.600/- for the consignment, goes in tune with the averment of complainant. According to Ext.A4, OP rejected the claim of refund by stating that the request of refund was out of the time frame as stated in the refund policy of OP. The delay of 431 days for refund request cannot be settled. The differences arise between complainant and OP can be discussed on the basis of exhibits produced before the commission. According to the complaint, complainant’s daughter availed the services on May ,2022 and on 26th July 2022(Ext.A1) indicates that request for cancellation of OP’s service made by complainant and Ext.A2 shown return of study materials on 21/11/2022. According to Ext.A5 dtd.6/9/2022 an amount of Rs.4337/- was debited from complainant’s account thereafter on 6/10/2022 and 6/11/2022, an amount of Rs.4337/- debited respectively from the account of complainant to OP. As per Ext.A2 the goods were returned. Hence the delay of 431 days of refund request will not stand. The complainant admitted that he had received Rs.5000/- from OP. The deduction of Rs.13,011/-(Rs.4337/- each for 3 times, Ext.A5) is not refunded is presumed by commission on the basis of Ext.A4. Hence on the basis of exhibits produced by complainant, this commission came into a conclusion that OP practiced deficiency in service and thereby complainant sustained loss and hence complainant is to be compensated by OP.
In the result complaint is allowed in part. The opposite party is directed to pay Rs.13,011/- which was collected by opposite party even after the returned study materials and also pay Rs.7000/- as compensation for mental agony and Rs.5000/- as cost of litigation to the complainant within 30 days of receipt of this order. In default, the amount of Rs.13,011/- carries interest@ 10% per annum from the date of order till realization. If the OP fails to comply the order, the complainant is at liberty to file execution application against opposite party as per the provisions of Consumer Protection Act 2019.
Exts:
A1&A4- copy of e-mail
A2- copy of courier receipt
A3-CD
A5 certified copy of bank account statement
PW1-P.R.Ramachandran-Complainant
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew Sajeesh K.P
eva
/Forwarded by Order/
ASSISTANT REGISTRAR
