DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 22^nd day of June, 2023

Present  : Sri.Vinay Menon V., President

             : Smt.Vidya A., Member                

              : Sri.Krishnankutty N.K., Member          Date of filing: 12/09/2022                             

     CC/168/2022

Ravi.K.Nair Alias Raveendranath

S/o P.C.Achuthan Nair

Residing at Gokulam, Edathara (P.O)

Parli, Palakkad – 678 612                                               -    Complainant

(By Adv. V.R.Sivadasan)

V/s

    M/s Vedantu Distance Learning Centre

    Rep. by its Manager/Authorized Signatory

    Vistar Arcade, IIIrd Floor, 1018

    14^th Main Road, Sector-3

    HSR Layout, Bengaluru

Karnataka – 560 102                                                        -  Opposite party     (By Adv.G. Jayachandran)

O R D E R 

By Sri.Krishnankutty.N.K., Member

1.  Pleadings of the complainant in brief.        

      The complainant’s son Achuth.R.Nair joined the opposite party institution for the online course of “JEE” of the year 2021-22 in July 2021.  He paid Rs.10,000/- initially for books and periodicals out of the total course fee of Rs. 62,000/-  Balance amount was to be paid by way of monthly installments of Rs. 3,790/- by ECS.  Though the complainant’s son discontinued the course after two months and informed the opposite party by way of e-mails,  the opposite party continued to debit the account of the complainant through ECS. When the issue was informed to the opposite party after one month, they informed that the amount will be refunded and the ECS mandate will be cancelled.  But the debits continued.  On 24/06/2022 the complainant issued legal notice to the opposite party for refund, but they did not respond.  Further they collected the installments even after the issue of legal notice.  Hence this complaint is filed seeking refund of Rs. 34,110/- illegally collected by the opposite party along with interest, and a compensation of                  Rs. 1,00,000/- for unfair trade practice and deficiency in service and Rs. 50,000/- for mental agony apart from cost.

2.   Notice was issued to the opposite party.  They entered appearance but failed to file their version within the statutory period, hence rejected.  Case proceeded ex-parte.                                          

3.   Though the complainant filed IA 149/23 for production of documents by the opposite party, it was returned for proper filing.  The complainant did not     re-present it.            

4.   The case was referred to settlement held on 26/05/2023, but no settlement could be reached.

5.   The complainant did not file proof affidavit or mark any documents as evidence even after ample time was given. Hence the case was taken for orders on 16/06/2023.

6.   In the meantime the IAs (No.358/23 &359/23) filed by the complainant on 14.6.2023 for advancing the  case and reopening the evidence respectively  were allowed by this Commission. Hence the complainant filed his proof affidavit and market Ext.A1 to A7 as evidence.

           Ext.A1 is the e-mail sent by the complainant on 31/1/2022 to the opposite party informing his intention to discontinue the course and requesting for refund of the fees.

           Ext.A2 is the e-mail dated 29/5/2022 sent to the opposite party by the complainant.

           Ext.A3 is the reply mail to the complainant from the opposite party dated 30/5/2022.

            Ext.A4 is the mail from the opposite party dated 4/7/2022 asking the  complainant to keep sufficient balance in his account for the EMI for July 2022.

            Ext.A5 is the legal notice issued by  Adv. V.R. Sivadasan to the opposite party on 24/6/2022 on behalf of the complainant along with the postal acknowledgement card.

            Ext.A6 is the statement of the Saving  Account of the complainant with State Bank of India, Parali for the period from 03/07/2021 to 08/02/2023

            Ext.A7 is the e-mail dated 20/05/2022 sent to the opposite party by the complainant.

7.  It is an unchallenged fact that the opposite party failed to respond to the complainant’s  request for discontinuing the course dated 30/01/2022 (Ext.A1) and the subsequent reminders and to cancel the  ECS mandate and to refund the fees already collected after his request for discontinuation. Ext.A3, the e-mail sent to the complainant by the opposite party, is an indication that the opposite party is well aware of the request of the complainant, still the opposite party continued the collection of fees upto July 2022 as per the ECS mandate. From the bank statement marked as Ext.A6  it can be seen that the opposite party has collected Rs. 22639/- as EMIs towards fee, after his request dated 30/01/2022. Further the bank has charged Rs.2084.36 as ECS return charges from the complainant.  

           In the absence of any counter argument by the opposite party, we have to conclude that the complainant is entitled to get the refund of the above amounts debited to his account on account of not cancelling the ECS mandate in time which amounts to deficiency in service on the part of the opposite party.

8.   Therefore the complainant is partially allowed and ordered as follows.

1. The opposite party is liable to pay Rs.22639/- plus Rs.2084.36/- to the opposite party towards the exam fees collected and the ECS return charges collected along with interest @ 10% per annum from 30/01/2022 till the date of payment.
2. The opposite party is also directed to pay Rs.25,000/- as compensation for the deficiency in service and the resultant mental agony.
3. The opposite party is also directed to pay Rs. 10,000/- as cost.
4. This order is to be complied with in 45 days,  failing which the opposite party shall pay Rs.500/- per month or part thereof as solatium to the complainant  till the date of final payment.

                   Pronounced in open court on this the 22^nd  day of June, 2023.

Sd/-

                                                                                      Vinay Menon V

                                          President

Sd/-

     Vidya.A

                   Member   

                                                                                      Sd/-

                                                                         Krishnankutty N.K.

                                                                                 Member

APPENDIX

Documents marked from the side of the complainant:

Ext. A1: E-mail dated 31/01/2022 sent by the complainant to the opposite party.

Ext. A2: E-mail dated 29/05/2022 sent by the complainant to the opposite party.

Ext. A3: Reply from the opposite party dated 30/05/2022.

Ext. A4: E-mail from the opposite party dated 04/07/2022.

Ext. A5: Legal notice dated 24/06/2022 sent by Adv. V.R.Sivadsan along with     

             Postal Acknowledgement Card.

Ext. A6: Bank Account Statement of the complainant.

Ext. A7: E-mail dated 20/05/2022 sent by the complainant to the opposite party.

Documents marked from the side of opposite party  : NIL

Witness examined from the complainant’s side         : NIL

Witness examined from the opposite parties side      : NIL

Cost Witness : Nil

Cost : Rs.10,000/-

NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.