District Consumer Disputes Redressal Commission ,Faridabad.

Consumer Complaint  No.645/2021.

 Date of Institution: 14.12.2021.

Date of Order: 31.10.2022.

Ankush Goel, aged about 23 years son of Shri Dinesh Goel r/o c-15/B, guru Ramdas Nagar, Laxmi Nagar, Delhi – 110092 at present: House No. 279/15, Bhikam colony, Tigaon road, Ballabgarh, district Faridabad – 121004 having Aadhar card No. 8168 8127 4760.

                                                                   …….Complainant……..

                                                Versus

1.                Ms. Disenosys Edtech Private Ltd. (RIYFT) Office at: RIYET, No.11, VOC street, Ranga colony, Sembakkam, Rajakilpakkam, Chennai, Tamilnadu – 600073 through tis CEO Praveen Kumar Sukumar.

2.                Sh.Praveen Kumar Sukumar, CEO of M/s. Disenosys Edtech Private Ltd. (RIYFT) Office at: RIYFT No.11, VOC street, Ranga colony, Sembakkam, Rajakilpakkam, Chennai, Tamilnadu – 600 073, Mobile No. 9962149069..

3.                Sh. Balaji Ramacharandran, Business development Executive of M/s. disenosys Edtech Private ltd. (RIYFT) Office at: RIYFT, No.11. VOC street, Ranga colony, Sembakkam, Rajakilpakkam, Chennai, Tamilnadu – 600 073, Mobile No. 9136800347.

4.                Sh. Heera Chinnapur, H.r. of M/s. Disenoysys Edtech Private Ltd., (RIYFT), Office at: RIYFT, No.11, VOC street, Ranga Colony, Sembakkam, Rajakilpakkam, Chennai, Tamilnadu – 600073, Mobil No. 9448575775.

5.                Sh. Karthik Murthy, Legal Head of M/s. Disenosys Edtech Private Ltd. (RIYFT) Office at: RIYFT No.11, VOC street, Ranga colony, Sembakkam, Rajakilpakkam, Chennai, Tamilnadu – 600 073, Mobile No. 9003064447.

6.                Sh.V.R.T.Balaji, Tutor of of M/s. Disenosys Edtech Private Ltd. (RIYFT) Office at: RIYFT No.11, VOC street, Ranga colony, Sembakkam, Rajakilpakkam, Chennai, Tamilnadu – 600 073.

                                                                   …Opposite parties……

Complaint under section-12 of Consumer Protection Act, 1986

Now  amended  Section 34 of Consumer protection Act 2019.

BEFORE:            Amit Arora……………..President

Mukesh Sharma…………Member.

Indira Bhadana………….Member.

PRESENT:                   Sh. Anshul Goyal,  counsel for the complainant.

                             Opposite parties Nos.1,2 & 6 ex-parte vide order dated 07.04.2022.

                             Opposite parties Nos.3 to 5 given up.

ORDER:

                   The facts in brief of the complaint are that  the complainant was introduced by opposite party No.3 namely Mr. Balaji Ramchandaran, who told the complainant that they offered C.A.E (computer aided engineering) masters course and after completion of this course they will assist in finding intership with MNC companies in all over India.  Opposite parties Nos.2 to 4 also told about offer/scheme of their institution that they would provide the Master course in CAE application in total amount of Rs.1,20,000/- including all GST and the course would be completed in 12 months including thee months paid internship (i.e. rs.10,000/- per month).  At that time the opposite parties Nos.2 to 4 also told that they would provide the loan facility through zest money to complete the course to the students.  Opposite party No.3 also told to the complainant that they had been provided the classes through online via zoom app in CAE Master course.  As per the assurances of the opposite party No.3, the complainant had cash deposit a sum of rs.20,000/- in the bank account of opposite party No.2 ie. C.E.O. of opposite party No.1 vide account No. 4213501934, Kotak Mahindra Bank dated 01.02.2021 and thereafter the complainant got the loan through his sister namely Kajal Goel from zest money vide loan application No. 902896CBE552.  A sum of rs.1,00,000/- got approved in the name of his sister Kajal on dated 03.02.2021 for a period of 12 months and thereafter said loan amount directly transferred in the bank account of opposite parties, for which the complainant’s sister Kajal were regularly paying the EMI for 12 months since March 2021 to the said Zest money and in this way, the complainant had paid the entire amount of Rs.1,20,000/- to the opposite parties.  Thereafter opposite party No.3 assured the complainant that the classes would be start  w.e.f. second week of February 2021 and on 12.02.2021, the complainant contacted the opposite party No.3 and asked to connect the classes through online, then the opposite party No.3 told the complainant that he left the company of opposite party No.1 and to talk the opposite party No.2 regarding online class and thereafter the complainant contacted the opposite party No.2 and the opposite party No.2 assured the complainant that the classes would be started very soon.   After waiting upto the month of April 2021, the complainant connect the zoom app through online to get the class of the said course and the complainant had joined the classes by opposite party No.6 through online, but the opposite party No.6 had taken only 10-12 classes but thereafter the opposite party No.6 did not taken the proper classes of the said course and had not given any proper response regarding the online classes.  Thereafter the complainant told about the said problems to opposite party No.2 then opposite party No.2 provided another teacher to the complainant, but the said teacher had not taken the proper classes and joined only 6-7 classes w.e.f. June to July 2021 and seeing the attitude and behavior the complainant asked the opposite party No.2 to refund the above said amount as  opposite parties were not providing the proper classes to the complainant, but the opposite parties had given the false and fabricated excuses to the complainant again and again.  In the month of August 2021, the complainant contacted the opposite parties through phone calls but the opposite parties did not pick up any call of the complainant and thereafter contacted through whatasapp & emails and asked to return the said amount, but the opposite parties did not give any satisfactory reply and the complainant made several efforts to the opposite parties to refund/return, the said amount but the opposite parties did not given any positive response to the complainant. The complainant sent legal notice  dated 18.10.2021 to the opposite parties through speed posts but all in vain. The aforesaid act of opposite parties amounts to deficiency of service and hence the complaint.  The complainant has prayed for directions to the opposite parties to:

a)                refund the amount of Rs.1,20,000/- alongwith interest @ 18% p.a. to the complainant immediately.

b)                 pay Rs.3,00,000/- as compensation for causing mental agony and harassment .

c)                 pay Rs.11,000/  -as litigation expenses.

2.                Opposite parties Nos.1, 2 & 6  put in appearance through counsel  but did not file the written statement. Case called several times since morning but none appeared on behalf of opposite parties Nos.1,2 and 6. It was already 3.30p.m. No more wait was justified.  Hence, opposite parties Nos.1,2 & 6 were proceeded against ex-parte vide order dated 7.4.2022.

3.                Shri Anshul Goel, counsel for the complainant has made a statement that he gives up opposite parties Nos. 3 to 5 being unnecessary.  Accordingly, opposite parties Nos.3 to 5 given up from the array of the opposite parties vide order dated 28.09.2022.

4.                The complainant led evidence in support of his respective version.

5.                 We have heard learned counsel for the complainant and have gone through the record on the file.

6.                In this case the complaint was filed by the complainant against opposite parties –  M/s. Disenosys Edtech Private Ltd. with the prayer to: a)  refund the amount of Rs.1,20,000/- alongwith interest @ 18% p.a. to the complainant immediately. b) pay Rs.3,00,000/- as compensation for causing mental agony and harassment . c) pay Rs.11,000/  -as litigation expenses.

                   To establish his case the complainant has led in his evidence    Ex.CW1/A –Ankush Goel, Ex.C1 (colly) & C2 – emails, Ex,.C-3(colly 1-30) – wardsapp messages, Ex.C4 (colly 1-23) – whatsapp messages, Ex.C-5 (colly 1-7) – whatsapp messages, Ex.C-6 (Coly 1-13) – whatsapp messages, Ex.C-7 – whatsapp messages, Ex.C-8 (Colly 1-33) – CAE Apr7to9, Ex.C-9 – Whatsapp messages,Ex.C-1- - Deposit slip of Rs.20,000/-, Ex.C-11 – legal notice, Ex.C-12 – postal receipt., Ex.C-13 – Adhaar card, Ex.C-14 –Certificate u/s 65-B of Indian Evidence Act.

7.                In this complaint, the complaint was filed by the complainant for refund the amount of Rs.1,20,000/- alongiwthinterest @ 17% p.a. to the complainant immediately.

8.                After going through the evidence led by the complainant, the Commission is of the opinion that after waiting upto the month of April 2021, the complainant connect the zoom app through online to get the class of the said course and the complainant had joined the classes by opposite party No.6 through online, but the opposite party No.6 had taken only 10-12 classes but thereafter the opposite party No.6 did not taken the proper classes of the said course and had not given any proper response regarding the online classes.

                   During the course of the arguments counsel for the complainant has stated at Bar that administrative charges should be deducted @ 15% of the paid amount and pay the remaining amount to the complainant.

9.                After going through the evidence led by the parties, the Commission is of the opinion that the complaint is disposed off with the direction to opposite parties Nos.1,2 & 6 to deduct the 25% as administrative amount  from the  paid amount and pay the remaining amount to the complainant within 30 days from the date of receipt of copy of order. The opposite parties  Nos.1,2 & 6 are also directed

to pay Rs.3300/- as compensation on account of mental tension, agony and harassment alongwith Rs.2200/- as litigation expenses to the complainant.  Compliance of this order be made within 30 days from the date of receipt of copy of order.  Copy of this order be given to the parties  concerned free of costs and file be consigned to record room.

Announced on:  31.10.2022                                 (Amit Arora)

                                                                                  President

                     District Consumer Disputes

           Redressal  Commission, Faridabad.

                                                (Mukesh Sharma)

          Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.

                                                (Indira Bhadana)

          Member

          District Consumer Disputes

                                                                    Redressal Commission, Faridabad.