FINAL ORDER/JUDGMENT

Presented by:

Minakshi Chakraborty,  Presiding Member.

 Brief facts of the case: This case has been filed U/s. 35 of the Consumer Protection Act, 2019 by the complainant stating that the ops run their business and they are working online/ offline for providing teaching by the learning app for students under named and style BYJU’S Learning App. And the ops use to advertise such business by way of publication in various ways and also through their authorized person and the authorized person of the ops namely Dibya Mukherjee approached the complainant to purchase the BYJU’s learning app for her son. Then the complainant agreed to purchase the same and admit her son at BYJU’S Learning App on 22.6.2022 and the complainant paid Rs. 10,000/- through cash on same date and rest of the amount of Rs. 37,000/- was arranged by the said authorized person by way of loan in monthly installment. Be it mentioned that complainant said to the authorized person about her financial criteria for which she can only pay more or less Rs. 1000/- as monthly installment  and the said authorized person assured the complainant that the EMI will be Rs. 1000/- per month against the loan. At the time of purchase of BYJU’S Learning App. the representative of the ops assured to the complainant that if the student is not fully satisfied with course the complainant can apply for cancel from the course; in that event the ops will cancel the same and will not deduct any further amount from the bank account of the complainant. Thereafter ops supplied Class-UKG to the complainant through courier post and the son of complainant started the leaning course. Thereafter the complainant suddenly came to know from the phone call from the loan department that the EMI amount is being fixed as Rs. 3083/- per month against her said loan and the complainant immediately contacted the said authorized person and stated the said fact and the authorized person assured that she will look over the matter. Thereafter finding no fruitful result and due to financial issues complainant decided to cancel the said course and send an email to op on 19.9.2022 for cancel the said course of her son. Thereafter on several occasion complainant call the help line number of customer care and requested to cancel the course and closing the EMI from her account but all in vain.

Complainant files the complaint petition praying direction upon the opposite parties to refund the EMI amount from October 2022 which was deducted till date from the bank account of the complainant and to pay a sum of Rs. 50,000/- towards compensation for causing mental agony, anxiety and harassment and financial loss and to direct the ops not to deduct further EMI from the bank account of the complainant and to complete the cancel procedure.

Evidence on record

The complainant files evidence on affidavit which is nothing but replica of complaint petition and supports the averments of the complainant in the complaint petition.

Argument highlighted by the ld. Lawyers of the parties

Complainant filed written notes of argument. As per BNA the evidence on affidavit and written notes of argument of complainant shall have to be taken into consideration for disposal of the instant proceeding.

        Heard argument of complainant at length. In course of argument ld. Lawyer of complainant put emphasis on evidence and documents produced by the complainant.

From the discussion hereinabove, we find the following issues/points for consideration.

Issues/points for consideration

1. Whether the complainant is the consumer?
2. Whether this Forum has territorial/pecuniary jurisdiction to entertain the case?
3. Whether there is any deficiency of service on the part of the opposite parties?
4. Whether the complainant is entitled to get relief?

DECISION WITH REASONS

Issue no.1:

        In the light of the discussion hereinabove and from the materials on record, it transpires that the complainant is a Consumer as provided by the spirit of Section 2 (7) of the Consumer Protection Act, 2019.The point is thus answered in the affirmative.  

Issue no.2:

                The complainant is resident of the district of Hooghly and the claims do not exceed the pecuniary limit of this commission. This point is thus disposed of accordingly.

Issue nos. 3 & 4:

Both the issues are taken up simultaneously for the sake of convenience.

Inspite of filing vakalatnama along with one downloaded copy of email  dated 30^th March, 2023 containing amicable resolution  towards the instant complainant case where certain clauses have been mentioned to which the complainant agreed by writing” yes, I confirm” via mail dated 7^th April, 2023, the OPs did not appeared for which this commission has no other alternative but to proceed with exparte hearing with this case.

One Divya Mukherjee, the Senior education Counselor approached the present complainant to purchase the learning app ad to admit her son to BYJU’s, the complainant agreed to that and Paid an amount of Rs. 10,000/  in cash as down payment for which receipt has been issued by said Divya Mukherjee though no date has been mentioned in the receipt and rest of the amount i.e. Rs. 37000/  was going to be arranged by way of loan from Indian Bank  on a monthly basis from 7/8/22 until cancelled( copy annexed). The OPs supplied study materials through courier and her son started the learning course.

As per submission of the complainant she explained her financial stringencies to the said Divya Mukherjee and categorically stated that she can pay only Rs.1000/ per month towards the EMI for the said loan; but the fact remained that the Bank authority made call to the complainant and said that the EMI amount is 3083/  instead of Rs 1000/per month, but no single scrap of paper has been produced before this commission to show that bank is deducting any amount towards loan. The complainant contacted the said Divya Mukherjee to look after the matter and she assured that she will do the same, the complainant sent various mails to BYJUs support for cancellation of the course due to her financial condition and the OPs in reply assured that they will call back( copies of mails have been annexed). But no fruitful result has been reached.

At the time of purchase of BYJU’S Learning App. the representative of the OPs assured the complainant that if the student is not fully satisfied with course the complainant can apply for cancellation of the course; in that event the OPs will cancel the same and will not deduct any further amount from the bank account of the complainant.

The OPs filed the downloaded copy of mail dated 30^th March, 2023 where from the commission finds that amicable resolution was taken by and between the parties and as per the resolution the OPs will refund the said down payment of Rs.10,000/-(Ten thousand) to the complainant’s account and will provide the NOC, the complainant’s in reply to the said mail wrote “yes I confirm”. The Ops have filed the memo of refund in favour of the complainant towards amicable settlement just today. After going through the memo dated 7/7/23 this commission finds that the Ops have refunded the said amount of RS. 10000/ to the account of the complainant on 10/4/23. It is further to be mentioned here that the Ops have sent a letter dated 28/4/23 to the complainant with regard to the closer of loan account (copies of details have been annexed).

From the documents submitted by the complainant and from the receipt, the photo copy of whatsapp conversation, the delivery challan issued by THINK & LEARN Pvt. Ltd. And the document submitted by the OPs with regard to amicable resolution dated 30^th March 2023 and the memo dated 7/7/23 filed by the Ops this commission comes to the conclusion that there is deficiency in service on the part of the ops.

Both the issues are thus disposed of.

Hence,

ordered

that the complaint case no. 18 of 2023 be and the same is decreed exparte against the OPS.

The complainant do get Rs 3000/ towards mental agony and harassment and Rs .1000/ for deficiency in service from the OPs within 45 days from date; in default the complainant is at liberty to take recourse to law.

Let a plain copy of this order be supplied free of cost to the parties/their ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information and necessary action.

The Final Order will be available in the following website www.confonet.nic.in.