DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)
Consumer Complaint No.2190 of 2019
Date of institution: 31.10.2019 Date of decision : 19.10.2021
Sachin Gupta son of Shri Subhash Chand Gupta, aged 42 years resident of House No.340, Gobind Colony, Near Hemkunt Public School, Sector 11, Kharar 140301, District Mohali.
…….Complainant
Versus
1. Byju’s The Learning App, through its agent/employee Code No.201804358 namely Ankush Baboria, Plot No.C-203, World Tech. Tower Phase-VIII-B, Industrial Area, Mohali.
E-mail:
2. Byju’s The Learning App through its Area Sales Manager, Plot No.C-203, World Tech. Tower Phase-VIII-B, Industrial Area, Mohali.
E-mail: ……..Opposite Parties
Complaint under Consumer Protection Act.
Quorum: Shri Sanjiv Dutt Sharma, President.
Ms. Gagandeep Gosal, Member
Present: Shri Atul Kaushik, counsel for the complainant.
OPs Ex-parte.
Order dictated by :- Shri Sanjiv Dutt Sharma, President.
Order
The present order of ours will dispose of a complaint under the Consumer Protection Act, filed by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Parties (hereinafter referred as ‘OPs’ for short), on the ground that he has two children namely Prince studying in 4th class and Anmol studying in 3rd class respectively. It is alleged that the OPs, visited the house of the CC on 28.10.2018 and allured him to purchase one on-line app. According to the OPs, the online app will nourish the learning capacity of the children of the CC. It was disclosed by the OPs that the ‘product’ will cost Rs.1,10,000/-. The OPs further allured the CC that they will provide him one plus one at the same rate. The CC accordingly purchased the ‘product’ of the OPs for the use of his minor children by paying cost of one unit. The OPs also gave an option to receive back the ‘product’ if not liked by the CC. The CC accordingly took loan for the purchase of the ‘product’ and received the kit by courier on 11.11.2018 and the same was made operational through internet. The allegation of the CC is that the minor children of the CC did not understand features of the app and the same was not used by them. The CC telephonically informed the OPs on 16.11.2018 to take back the ‘product’. In the month of December, 2018 the CC sent emails to the OPs stating therein to cancel the subscription and to receive back the ‘product’ but no action was taken from the side of the OPs. Despite various emails sent by the CC to the OPs refund of amount of Rs.1,10,000/- was not made to the CC. The CC also sent legal notice to the OPs.
Thus alleging deficiency in service on the part of the OPs, the CC has sought refund of Rs.1,10,000/- and damages to the tune of Rs.75,000/-. Further the CC has demanded Rs.35,000/- as litigation expenses. Complaint of the CC is duly signed and verified. Further the same is also supported by an affidavit of the CC.
2. The OPs have chosen to remain ex-parte for the reasons best known to them, despite service.
3. The CC in support of his complaint submitted his duly attested affidavit and documents Ex.C-1 and Ex.C-2.
4. We have heard counsel for the complainant and have gone through the file.
5. From the perusal of entire complaint, we have failed to understand what kind of specific product was ordered by the CC and what kind of product was received by him on payment of Rs.1,10,000/- from the OPs. We feel, that it was incumbent upon the CC to atleast disclose what kind of product the CC had purchased and how it was to be installed and in what manner the same was to be used. Moreover, it is also not made clear that how the product was not to his satisfaction and was not giving the service as expected by the CC and in what manner the OPs were deficient in rendering service to the complainant. Time and again the CC has used the word ‘product’ or ‘one unit’ but he has failed to explain that what is the product and how the product was not giving services to the CC.
6. In the absence of any clarity or cogent evidence on the file, we are not able to appreciate the contents of the complaint and as such the complaint merits dismissal. Accordingly the complaint is dismissed with no order as to costs.
Free certified copies of this order be sent to the parties. File be indexed and consigned to record room.
Announced
October 19, 2021
(Sanjiv Dutt Sharma)
President
I agree
(Ms. Gagandeep Gosal)
Member
