Date of filing:- 14/08/2023.
Date of Order:-12/03/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 113 of 2023.
Manoj Kumar Agrawal, S/o Jagadish Prasad Agrawal, aged about 52(fifty two) years, occupation-Business, R/o Bargarh, Ward No. 11(eleven) Po/Ps/Tahasil/Dist. Bargarh (odisha). ..... .... ..... Complainant.
-: V e r s u s :-
Director of BYJU's (Think & Learn Pvt. Ltd.) 6th floor, Tower D, IBC Knowledge Park, Bannerghatta Main Road, Bangalore-560029.
..... ..... ..... Opposite Party.
Counsel for the Parties:-
For the Complainant :- Sri M.Bhoi, Advocate with associates.
For the Opposite Party :- Ex-parte.
-: 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.12/03/2024. -: 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 purchased a programme of Opposite Party on approach of its employee Amir Khan for bright future and best education of his daughter. For the said education programme, the Complainant had paid a sum of Rs. 12,000/-(Rupees twelve thousand)only by cash to Opposite Party employee namely Amir Khan Dt. 19-02-2022. The above said programme was cost of Rs. 1,00,000/-(Rupees one lakh)only and the monthly installment was settled at Rs. 7,333/-(Rupees seven thousand three hundred thirty three)only. The Complainant has purchased the programme for 15(fifteen) days as per condition of the Opposite Party. As per the schedule of classes, the Complainant's daughter was returning home from school after 3 PM and the classes were starting from 3:30 PM to 4.30 PM so it was not possible to attend the classes, for the reason, the Complainant made request to change to time table but the Opposite Party did not change the time, even the teacher's did not clear doubt of the Complainant's daughter. The Opposite Party has asked about the bank account and on the next day the Opposite Party has cunningly attached the account of the Complainant and the said EMI has started from April-2022. When the Complainant was not satisfied with the education made an request to cancel the subscription and return the subscription amount but the Opposite Party failed to do so. The Complainant after knowing the facts could not keep least account in the Bank so the Bank authority has deducted Rs. 590/-(Rupees five hundred ninety)only on dt. 07-04-2023 and Rs. 590/-(Rupees five hundred ninety)only on 13-04-2023 as penalty. The Opposite Party has requested the Complainant that if the Ist installment is paid then the Complainant will get all the money and on good faith paid Rs. 7,333/-(Rupees seven thousand three hundred thirty three)only on Dt. 26-04-2023 through Google Pay UPI transaction ID No. 211621531543 to the Opposite Party. As the Complainant accounts is linked with Opposite Party, the Complainant balance is in minus thus increasing day by day. The Complainant is paying Rs. 1,180/-(Rupees one thousand one hundred eighty)only to the Opposite Party from April-2022.
2) The Complainant despite of cancellation request of cancelled subscription BYJU's is running till date for which the Complainant got harassed and filed complaint before this Commission prayed that the Opposite Party be directed to pay the amount of Rs. 19,333/-(Rupees nineteen thousand three hundred thirty three)only with interest and all deducted amount since 2022 April to till final of the case (monthly Rs. 1,180/-) along with a compensation of Rs. 5,00,000/-(Rupees five lakh)only besides the cost of litigation Rs. 20,000/-(Rupees twenty thousand)only.
3) Perused the documents filed by the Parties and it reveals that after filing of complaint the Opposite Party on dt. 18-10-2023 has deposited Rs. 35,000/-(Rupees thirty five thousand)only to the Complainant, but it is the duty of the Opposite Party to clear all the dues of the bank and to provide NOC. The Complainant has requested to cancel the subscription but the Opposite Party failed to cancel the subscription of the Complainant for which the Complainant Bank account statement became negative.
4) The Complainant has filed account statement which implies that for the negligence of the Opposite Party the Complainant had to suffer a lot in its business. The Complainant was unable to make further transactions. It is the duty of the Opposite Party to clear all the dues of the bank as the Complainant can receive NOC from the bank. The Complainant had agreed to withdrawal the complaint when the Opposite Party will provide NOC from the Bank but the Opposite Party failed to provide NOC. Hence, the Opposite Party is deficiency in service by not providing NOC from the Bank as agreed.
Accordingly it is ordered.
O R D E R
5) The Complaint is allowed ex-parte against the Opposite Party. The Opposite Party is directed to provide NOC from the bank bearing Account No. 80142200011944 of CANARA SB GENERAL within thirty days of this order failing which in addition of the order the Opposite Party has to pay Rs. 50,000/-(Rupees fifty thousand)only as compensation towards mental harassment and Rs. 10,000/-(Rupees ten thousand)only towards litigation expenses to the Complainant.
6) Accordingly the order is pronounced in the open Commission to-day i.e. Dt.12/03/2024 and the case is allowed ex-parte 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.
