Chandigarh

DF-I

CC/143/2024

RAHUL KUMAR - Complainant(s)

Versus

M/S THINK LEARN PRIVATE LIMITED - Opp.Party(s)

DEVINDER KUMAR

30 Aug 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/143/2024
Date of Institution	:	11/3/2024
Date of Decision	:	30/08 /2024

 

Rahul Kumar son of Sh. Manohar Lal, aged 21 years, resident of House No. 15 Khuda Lahora, UT, Chandigarh.

...Complainant

Versus

 

M/s Think Learn Private Limited, (BYJU'S Tuition Centre), SCO 91, 92 & 93, 2nd Floor, Sector 34-A, Chandigarh through its Managing Director.

 

...Opposite Party

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER
	SHRI SURESH KUMAR SARDANA	MEMBER

 

                                                                               

ARGUED BY	:	Sh. Devinder Kumar, Advocate for complainant
	:	OP exparte.

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by the complainant under Section 35 of the Consumer Protection Act 2019 against the opposite parties  (hereinafter referred to as the OP). The brief facts of the case are as under :-

1. It transpires from the averments as projected in the consumer complaint that in the month of November 2023 Mr. Gaurav Bhatti, representative of OP approached  the complainant and allured him to obtain  service of the OP for coaching of Punjab PCS which is helpful for bright future of complainant.  Accordingly the complainant upon the assurances and directions of the agent of the OP  purchased online Punjab PCS course   by paying an amount of Rs.22000/-  through Gpay app on 22.11.2023. Copy of payment receipts are annexed as Annexure C-1 to C-3.  It was intimated to the complainant that the classes/batches will start from 7.12.2023.  After receiving the aforesaid amount of Rs.22,000/-,  the OP vide email Annexure C-4  intimated the complainant about his enrolment in  Current Affair Course for UPPSC exam.  Immediately after receiving the said email the complainant vide email Annexure C-5 intimated the OP that the complainant wanted admission in Punjab PSC exam  and not in UPPSC exam  but when the complainant did not receive any response from the OP , the complainant sent emails Annexure C-6 and C-7  to the OP, requesting to cancel  the course and refund the amount. However after sometime in response to the request of the complainant, the OP assured  the complainant that its team will resolve the issue within 24-48 hours by sending emails Annexure C-8 and C-9. When nothing was done by the OP, the complainant lodged a complaint with the police vide Annexure C-10 with the SSP, Chandigarh. It is alleged that the OP had agreed to provide service for Punjab PCS course  by providing coaching to the complainant  but the OP enrolled the complainant for UPPSC exam coaching, hence, the aforesaid act amounts to deficiency in service and unfair trade practice on the part of OP.  OP was requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OP  was properly served and when OP did not turn up before this Commission, despite proper service, it was proceeded against ex-parte on 13.5.2024.

2. In order to prove his claim the complainant has tendered/proved his evidence by way of affidavit and supporting documents.
3. We have heard the learned counsel for the complainant and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the complainant that  the complainant had purchased online coaching for the Punjab PCS  course from the OP by paying a sum of Rs.22000/-  through Gpay as is evident from Annexure C-1 to C-3 whereas the OP had enrolled the complainant for Current Affairs Course for UPPSC exam 2023 as is evident from Annexure C-4, and C-5 and immediately on receiving the email C-4 the complainant requested the OP to cancel the admission and refund the aforesaid amount but the same has not been refunded by the OP despite of fact that the complainant has also lodged complaint with the police at Chandigarh vide Annexure C-10, the case is reduced to a narrow compass as it is to be determined if the aforesaid act of the OP amounts to deficiency in service and the complainant is entitled for the relief as  prayed for and for that purpose the documentary evidence led by the complainant is required to be scanned carefully.
   2. Perusal of Annexure C-1 to C-3  clearly indicates that the complainant paid Rs.22,000/- to the OP for getting the coaching for Punjab PCS  from the OP. However, perusal of Annexure C-4 copy of email clearly indicates that  the OP had enrolled the complainant for Current Affairs Course  of UPPSC Exam 2023 and on receiving the said email the complainant immediately requested the OP to cancel  the admission  as the OP agreed to provide  services of PCS coaching and not for UPPSC exam as is also evident from Annexure C-7 and C-8. Perusal of Annexure C-10   indicates that the complainant  had lodged complaint with police at Chandigarh.
   3. Thus as it has come on record that despite of receiving an amount of Rs.22000/- from the complainant for providing service of PCS coaching the OP enrolled the complainant for UPPSC exam 2023 and the OP has not refunded the paid amount to the complainant till date despite requests made by the complainant,  the aforesaid act of OP amounts to deficiency in service and unfair trade practice on its part, especially when the entire case set up by the complainant in the consumer complaint as well as the evidence available on record is unrebutted by the OP. Hence, the instant consumer complaint deserves to be allowed.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OP is directed as under:-

1. to pay ₹22,000/- to the complainant alongwith interest @ 9% per annum (simple) from the date of deposit till onwards.
2. to pay ₹5000/- to the complainant as compensation for causing mental agony and harassment;
3. to pay ₹5000/- to the complainant as costs of litigation.

5. This order be complied with by the OP within a period of 45 days from the date of receipt of certified copy thereof, failing which the amount(s) mentioned at Sr.No.(i) & (ii) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days, instead of 9% [mentioned at Sr.No.(i)], till realization, over and above payment of ligation expenses.
6. Pending miscellaneous application(s), if any, also stands disposed off.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 30/8/2024			[Pawanjit Singh] President
mp
			[Surjeet Kaur] Member
			[Suresh Kumar Sardana] Member