Date of filing:- 01/11/2023.
Date of Order:-25/06/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 153 of 2023.
Kamalini Mahaptra @ Purohit aged about 42(forty two) years, W/o Late Madhusudan Purohit, R/o. Maharanimeripur Po/Ps. Paikmal, Dist. Bargarh (Odisha) Pin-768039, At. Present C/o Prasanna Mishra, Near Dr. A. S. Bhaktani House At-Shanktinagar, Po/Ps/Dist. Bargarh (Odisha) Pin-768028, Mob-7849014853.
..... ..... ..... Complainant.
-: V e r s u s :-
Director of BYJU'S (Think & Learn Pvt. Ltd) 6th Floor, Tower D, IBD Knowledge Park, Bannerghatta, Main Road, Banglore Pin-5600291.
..... ..... ..... Opposite Party.
Counsel for the Parties:-
For the Complainant :- In person.
For the Opposite Party :- Sri N.Kushwaha, Advocate with associates.
-: P R E S E N T :-
Smt. Jigeesha Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Smt. Anju Agrawal ..... ..... ..... ..... ..... M e m b e r (W).
Dt.25/06/2024. -: J U D G E M E N T:-
Presented by Smt. Anju Agrawal, Member(w):-
1) The case of the Complainant is that the Complainant has received a phone call on Dt.01-08-2023 from Abhishek Anubhab Dash Counselor of Opposite Party regarding online admission of the Complainant's son who is studying in Class-5(five). The counselor of the Opposite Party has told to the Complainant to deposit ₹ 10,000/-(Rupees ten thousand)only towards booking amount and after booking the Opposite Party would provide a tablet and 15(fifteen) days demo class. The course fee for 2(two) years was ₹ 40,996/-(Rupees forty thousand nine hundred ninety six)only and according the Complainant paid the said amount and at the time of payment the counselor of the Opposite Party has said that if the Complainant's son does not like the class, the Complainant can cancel and get back the money. When the Complainant want to cancel the course, the Complainant sent e-mail to the Opposite Party to cancel and also Complainant contacted the customer care through Mobile Number 9241333666 but the Opposite Party did not solve the problem for which the Complainant has filed the complaint before this Commission praying that the Opposite Party be directed to refund the amount paid to her along with interest at the market rate along with and amount of ₹ 2,50,000/-(Rupees two lakh fifty thousand)only as compensation.
2) The case of the Opposite Party is that the Opposite Party has filed its version and submitted that the Opposite Party has received the duly filled and signed registration form from the Complainant and the Complainant has paid ₹ 10,000/-(Rupees ten thousand)only as registration and remaining amount of ₹ 31,000/-(Rupees thirty one thousand)only the Complainant has subscribed for the finance facility. The Opposite Party has offered a 15(fifteen) days trial period to the Complainant to accept or reject the services, and from the 16th day onwards, the student/parent will not be eligible for a refund of the course fee. In the instant case the Complainant had not made any request for cancellation and as for the course was activated in the 23-09-2023, the Complainant has not made any request for cancellation within 15(fifteen) days on mail or through helpline number for which the cancellation of the Complainant was not activated. There lies no deficiency in service on the part of the Opposite Party the case to be dismissed against the Opposite Party.
3) After perusal of written as well as oral submission by both the Parties it reveals that the Complainant on 09-08-2023 has deposited ₹ 10,000/-(Rupees ten thousand)only towards registration fee to the account of Opposite Party regarding online course. The Complainant on 14-08-2023 has opted for cancellation of the course and all the details were furnished in the cancellation request to the Opposite Party. The Opposite Party has stated that the cancellation request has been sent by the Complainant after 15(fifteen) days but the Complainant has served various mails to the Opposite Party for cancellation of the course.
4) Further the resolution stated 27-11-2023 by the Opposite Party and the order summary of the Opposite Party reflects that the order was created on 14-08-2023 and within 15(fifteen) days the Complainant has opted for cancellation of the course and to refund the amount but the Opposite Party did not cancel the course nor refunded the fees of the Complainant.
5) Failure to cancel the course and refund the fees amount to deficiency in service and unfair trade practice on the part of the Opposite Party.
Accordingly the following order is passed.
O R D E R
6) The complaint is allowed on contest against the Opposite Party. The Opposite Party is directed to pay ₹ 10,000/-(Rupees ten thousand)only towards registration fee along with ₹ 15,000/-(Rupees fifteen thousand)only for deficiency in service and ₹ 5,000/-(Rupees five thousand)only towards litigation expenses to the Complainant within one month of this Order failing which the entire awarded amount shall carry 12%(twelve percent) interest per annum till realization.
7) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.25/06/2024 and the case is allowed against the Opposite Party and disposed off.
Typed to my dictation
and corrected by me.
I agree, ( Smt. Anju Agrawal)
M e m b e r(w).
(Smt. Jigeesha Mishra)
P r e s i d e n t.
