Haryana

Panchkula

CC/127/2022

RAVINDER SINGH - Complainant(s)

Versus

LIDO LEARNING ONLINE CLASSES. - Opp.Party(s)

IN PERSON.

22 Nov 2022

ORDER

       BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,  PANCHKULA

 

                                                       

Consumer Complaint No	:	127 of 2022
Date of Institution	:	20.04.2022
Date of Decision	:	22.11.2022

 

 

Ravinder Singh S/o Sh. Raj Kumar, #2303, Sector-28, Panchkula. 

 

                                                                           ….Complainant

Versus

LIDO Learning Online classes, BDD Chawl, Lower Parel, Mumbai (Maharashtra)-400013  through its authorized signatory.

                                                                                                                                                                                                           ….Opposite Party

COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

 

 

Before:              Sh.Satpal, President.

                        Dr.Pawan Kumar Saini, Member

Dr.Sushma Garg, Member

 

 

For the Parties:   Complainant in person.

                        OP already ex-parte vide order dated 13.07.2022.

 

ORDER

(Satpal, President)

1.             The brief facts of the present complaint are that the complainant received a telephonic call from the staff/representative of the OP that they are providing the services of online tuition classes to the students and for this, it was told that they would charge one-time fee of Rs.45,000/- including all taxes and in lieu thereof, they will give 140 classes. It is stated that it was open to the complainant/customer to take all the 140nos. tuition class in one year and in case, there remains balance out of 140, the same were liable to the carried forward in next year. The son of the complainant was in 5^th class and due to pandemic Covid-19, the schools were not running and on that account, the study of the children was materially affected. Though the schools were also giving online classes, however, the complainant choose for online tuition classes for his son. It is also stated that a sum of Rs.45,000/ was deposited by the complainant with the OP to avail its tuition classes by his son.  The son of the complainant started taking tuition classes w.e.f. 11.10.2021. Further since the schools were closed due to Covid-19 and school was also giving online classes for about five to six hours a day and it was very difficult for the son of complainant to take classes almost nine hours a day. Due to this difficulty in attending online classes, the complainant requesting to refund the amount on 18.10.2021 as the online tuition classes were also started by the school and his son was not able to attend the online classes of OP.  It is stated that the complainant has made the request for within time as per refund policy of OP but refund has not been made so far. Though on checking, the status of his request is shown to be under process but the refund has not been made till date. However, the OP is putting off the matter on one pretext or the other. Due to the act and conduct of the OP, the complainant has suffered mental agony, harassment and financially; hence, the present complaint.

2.             Notice was issued to the OP through registered post, which was not received back either served or unserved despite the expiry of 30 days from the issuance of notices to OP; hence, it was deemed to be served and thus, due to non appearance of OP, it was proceeded ex-parte by this Commission vide its order dated 13.07.2022.

3.             To prove the case, the complainant has tendered affidavit as Annexure C-A along with documents Annexure C-1 to C-2 in evidence and closed the evidence by making a separate statement.

4.             We have heard the complainant and gone through the entire record available on the file, minutely and carefully.

5.             During arguments, the complainant reiterating the averments made in the complaint as also in affidavit Annexure C-1 contended that a sum of Rs.45,000/- was paid by the complainant to the OP for availing the online tuition classes for his son. It is contended that the said sum of Rs.45,000/- was liable to be refunded as per refund policy of the OP within 15 days from the date of deposit. It is contended that the online tuition classes were not found suitable for his son and accordingly, the OP was requested to refund the said amount of Rs.45,000/- as per its policy but the said amount has not been refunded; hence, it is prayed that the complaint may be  allowed by granting the refund as claimed for in the complaint.

6.               The OP has preferred not to contest the present complaint by remaining absent despite services of notice and accordingly, it was proceeded ex-parte vide order dated 13.07.2022 respectively and thus, the assertions made by the complainant go unrebutted and uncontroverted.

7.             Evidently, a sum of Rs.45,000/- was deposited by the complainant with OP vide invoice dated 11.10.2021(Annexure C-1). As per terms and conditions of the refund policy(Annexure C-2), refund could be claimed within 15 days from the start of first scheduled classes. As per unrebutted contentions of the complainant, tuition classes by Ops were started on 11.10.2021 and refund was claimed on 18.10.2021. As per Annexure C-2(colly), it is also evident that refund was initiated by Ops, but refund of the amount has not been made so far as to the complainant. Therefore, the OP is deficient while rendering services to the complainant; hence the complainant is entitled to relief.

8.             As a sequel to the above discussion, we partly allow the present complaint with the following directions to the OP:-

1. To pay a sum of Rs.45,000/- to the complainant, along with interest @ 9% per annum w.e.f. the date of filing of the complaint till its realization. 
2. To pay a lump sum amount of Rs.5,000/-to the complainant on account of mental agony, harassment and litigation charges.

 

9.             The OP shall comply with the directions/order within a period of 45 days from the date of communication of copy of this order to OP failing which the complainant shall be at liberty to approach this Commission for initiation of proceedings under Section 71/72 of CP Act, against the OP. A copy of this order shall be forwarded, free of cost, to the parties to the complaint and file be consigned to record room after due compliance. 

Announced on:22.11.2022

 

 

 

        Dr.Sushma Garg         Dr.Pawan Kumar Saini          Satpal

                Member                     Member                     President

 

Note: Each and every page of this order has been duly signed by me.

 

                                               Satpal

                                         President