Utpal Kolya filed a consumer case on 11 Nov 2024 against Planetspark Winspark Innovations Learning Pvt. Ltd. in the Paschim Midnapore Consumer Court. The case no is CC/75/2024 and the judgment uploaded on 20 Nov 2024.
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DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
PASCHIM MEDINIPUR.
Samiran Dutta, Ld. President
-and-
Angshumati Nanda,Ld.Member.
Complaint Case No.C.C/75/2024
NAME: UTPAL KOLYA
S/O-BANSHI BADAN KOLYA
VILL-KASHIGANJA P.O-KHIRPAI
KHIRPAI MUNICIPALITY WARD NO 08
NEAR KASHIGANJA JUNIOR HIGH SCHOOL
P.S-CHANDRAKONA DIST-PASCHIM MEDINIPUR
PIN-721232, STATE-WEST BENGAL
………….….……Complainant.
-Versus-
WINSPARK INNOVATIONS LEARNING PRIVATE LIMITED
Address:1st Floor, Unit No. 104 AB, Tower A,
Unitech Cyber Park, Gurugram, Haryana, 122001
PAN: AACCW0043L GSTIN: 06AACCW0043L1ZG
Email: customersupport@planetspark.in
Phone no: 7439140681
Academics & Counselings Expert
Phone no: 7439140681
Email: rwitikka.misra@planetspark.in
Address: 1St Floor, Unit No.104.A-B Tower A.
Unitech cyber park, Gurugram, Haryana-122001
Date of filing: -03.07.24 Date of disposal:-11.11.24
Order No.10
Contd..2.
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C.C. Case No. CC/75/2024
FINAL ORDER/JUDGEMENT.
Samiran Dutta, Ld. President:-
The Complt. is present in person. The case is fixed for exparte hearing. No step is taken by the O.P who is found absent on repeated call.
The Complt. case is that his daughter Adrija Kolya aged about 6 years, took admission to learning courses conducted by the O.P/ company on 17.03.24 and deposited Rs. 30,000/- for the same. On different dates the Complt. sent email message to the O.P / Company with the Cancellation request of continuation of the course with refund of money. In reply O.P reminded the Complt. of clause 19 of refund policy where it is provided that no refund is permissible if the candidate takes 5 (five) classes or more. The Complt. however used to sending email to the O.P Company with cancellation request even before completing five classes. The Complt. has therefore approached this commission appropriate relief.
Perused the petition of Complt. and all the documents on record. Heard the Complt. According to own statement of the complt. before the commission his daughter took four live classes and one practice class before and after sending cancellation request. O.P / Company assured the Complt. of refunding the course amount after receipt of cancellation request but the Complt’s daughter without waiting for completion of cancellation process took further classes up to 5 as stated above and according to clause 19 of refund policy as conveyed to the Complt. in course of correspondence between the parties the complt. is not entitled to get any relief for refund of any portion of course amount if the classes attended exceeds 5 in number.
Hence it is,
Ordered.
That the case be and the same is dismissed exparte but without cost.
Let a plain copy of this order be given to the parties free of cost.
(Smt.A.Nanda) (Samiran Dutta)
Ld. Member Ld. President District Commission
Paschim Medinipur
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