SMT.MOLYKUTTY MATHEW : MEMBER
This is a complaint filed by the complainant under Sec.35 of the Consumer Protection Act 2019 seeking direction against the opposite party to refund the amount ie,Rs.11,917/- and the cost and compensation of Rs.1,00,000/- to the complainant.
The case of the complainant in brief:- The complainant was introduced by one Abhay Jacob to join her son to learn through Byjus App. The complainant was told to pay fee for learning total to the tune of Rs.10,000/- for her sons 9th and 10th standard learning. The complainant has paid Rs.5000/- on 14/9/2020 and Rs.5000/- on 7/1/2021. Thereafter the OP was again directed to the complainant to pay Rs.23,000/-. Then the complainant intimated the OP’s office that her son Lal dev is not intending to continue learning through Byjus App. The complainant’s son discontinued the learning since he was not able to digest the method of learning and OP has also demanded exorbitant learning fee. At last the complainant paid Rs.1917/- to the OP also. The opposite party has received total amount of Rs.11917/- from the complainant. Then the complainant’s husband Vinod Kumar was contacted from OP’s office through different telephone numbers and threatened the complainant’s husband and directed him to pay Rs.23,000/- more. But the complainant and her husband is not willing to pay the demanded amount. The Op did not give proper instructions and coaching to the complainant’s son even after obtained an amount of Rs.11,917/-. The opposite party fraudulently obtained a sum of Rs.11917/- from the complainant assuring to provide best service. But no service from the side of OP. Due to the attitude of OP the complainant , her husband and son suffered much mental agony and pain. Then the complainant issued a lawyer notice to OP on 9/3/2021. The OP received the notice on 23/3/2021, but no reply send to complainant. The act amounts to deficiency of service and unfair trade practice on the part of opposite party. Hence the complaint.
After filing the complaint, notice was issued to opposite party. The OP received the notice neither appeared before the commission nor filed any version. Ultimately the Commission had to hold that the Op have no version as such in this case came to be proceed against the opposite party as set exparte.
Even though, the opposite party has remained ex-parte, it is for the complainant to establish the allegation made by her against the opposite party. Hence the complainant was called upon to produce evidence in the form of affidavit and documents. Accordingly the complainant has chosen to produce her proof affidavit along with 6 documents marking them Exts.A1 to A6. So the opposite party is remain absent in this case. At the end the Commission heard the case on merit.
Let us have a clear glance at the relevant documents of the complainant. Ext.A1 is the counterfoil of the cash receipt dtd.14/9/2020 for an amount of Rs.5000/-. Ext.A2 is the counterfoil of the cash receipt dtd.7/1/2021 for an amount of Rs.5000/-. Ext.A3 is the statement of account for a period 1/6/2020 to 14/9/2020. In Ext.A4 is the lawyer notice issued by complainant to opposite party on 9/3/2021. In Ext.A5 is the postal receipt and Ext.A6 is the acknowledgment card. It clearly shows that the complainant has paid a total amount of Rs.11917/- to the opposite party. But the op did not give proper instruction and coaching to the complainant’s son. The education of the complainant’s son blocked on account of the deficiency of service on the part of OP. Then the complainant issued lawyer notice to the OP on 9/3/2021. But the opposite party received the notice on 23/3/2021 and no reply send to the complainant. Due to the act of opposite party the complainant and her family suffered much mental agony and pain. Under this circumstances we are of the considered view that the opposite party is liable to refund Rs.11917/- to the complainant along with Rs.9000/- as compensation and Rs.1000/- as litigation cost to the complainant.
In the result the complaint is allowed in part directing the opposite party to refund Rs.11917/- to the complainant along with Rs.9000/- as compensation and Rs.1000/- as litigation cost to the complainant within 30 days of receipt of this order, failing which the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019.
Exts
A1&A2 -Counter foil of cash receipt dtd.14/9/2020& 7/1/2021
A3- Bank statement account for a period 1///6/20 to 14/9/20
A4- copy of lawyer notice
A5-postel receipt
A6- acknowledgment card.
Sd/ Sd/ Sd/
PRESIDENT MEMBER MEMBER
Ravi Susha Molykutty Mathew. Sajeesh K.P
eva
/Forwarded by Order/
SENIOR SUPERINTENDENT
