Chandigarh

DF-I

CC/70/2022

Raman B Garg - Complainant(s)

Versus

Extramarks Education India Pvt. Ltd. - Opp.Party(s)

Mohit Garg

17 Jul 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/70/2022
Date of Institution	:	12/01/2022
Date of Decision	:	17/07/2023

 

Raman B Garg, Advocates son of Sh.J.S.Garg, Room No.15, New Bar Complex, Punjab & Haryana High Court, Chandigarh.

… Complainant

V E R S U S

Extramarks Education India Pvt. Ltd., 5^th Floor, Sebiz Square, Sector 67, Sahibzada Ajit Singh Nagar, Punjab 160062 through its Manager.

… Opposite Party

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Mohit Garg, Counsel for Complainant.
	:	OP ex-parte.

 

Per Surjeet kaur, Member

1.      Averments are that the OP contacted the complainant on 30.3.2019 and informed him that his son Gaurav Seth, who had been studying in class VII, has been selected and will be tutored/imparted education through tablet with customized instructions for his class on the subsidized rates. The complainant was further persuaded that this study module/tablet was also beneficial to another son of the complainant, who had been studying in class-X.  The total costs of two tablets would be Rs.90,000/- from classes 7^th to 12^th. The complainant was further advised to take loan from Bajaj Finance Ltd. The complainant agreed to get Rs.35,000/- finance from Bajaj Finance Ltd. with an understanding that Rs.3500/- will be paid to the OP by the Bajaj Finance Ltd. and remaining Rs.6500/- per month will be paid by the complainant through Paytm or other modes of payment. Accordingly, loan was sanctioned through loan account. The complainant received two tablets on 10.04.2019 through courier. Thereafter, the complainant did not find the tablets provided by the OP to be useful as the child of the complainant used the tablet for playing the games instead of using it for study. The same was narrated by the complainant to the coordinator provided by the OP. The coordinator also tried to counsel the children of the complainant but to no avail.

         Accordingly, the complainant requested for return of the tablets on the email address and after huge efforts, the OP accepted the request of the complainant to return the tablets provided by it (Annexure C-2). The complainant handed over two tablets/study module/hardware alongwith all the accessories on the address of the OP by it. Thereafter, till date after the due acceptance of the cancellation, the amount has not been refunded to the complainant. Hence, is the present consumer complaint.

2.     Notice of the complaint was sent to OP seeking its version of the case. However, nobody appeared on behalf of OP despite following proper procedure, therefore it was proceeded ex-parte on 09.03.2023.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the complainant and gone through the record of the case.
5.     It is evident from Annexure C-7, C-8 & C-9 that amount of Rs.6,111/-, Rs.35,000/- and Rs.48,896/- respectively was paid by the complainant to the OP for the product in question. As per the case of the complainant, when he did not get satisfy with the product, he requested for return of the tablets to the OP on the email address. The OP accepted the request of the complainant to return the tablets provided by it vide Annexure C-2. Thereafter, the complainant handed over the two Tablets/Study Module/Hardware alongwith all the accessories on the address of the OP, but despite email Annexure C-2, dated 23.04.2019, page No.11 of the paper book for the cancellation process, the OP did not respond to the complainant. Accordingly, again the complainant vide email dated 27.04.2019, shared bank account details for the refund, but till date no refund has been made.
6.     Significantly, OP did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the OP draws an adverse inference against it. The non-appearance of the OP shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
7.     We are of the considered opinion, that despite email Annexure C-5, dated 9.5.2019, the OP has not refunded the amount of the complainant till date. Hence, the act of the OP for selling/offering substandard product, non-honouring their own promise of refund after getting the entire product in its possession proves deficiency in services on its part and their indulgence in unfair trade practice.  
8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OP is directed as under :-

1. To refund amount of ₹90,000/- to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint till realization.
2. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹7000/- to the complainant as costs of litigation.

9.     This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

17/07/2023			[Pawanjit Singh]
Ls			President
			[Surjeet Kaur]
			Member
			[Suresh Kumar Sardana]
			Member