D.O.F : 09/02/2024
D.O.O : 10/12/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC 44/2024
Dated this, the 10th day of December 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Abdul Wahid V. P. P.
Puthiya purayil, Kooleri,
North Thrikkaripur, Kasaragod.
Kerala, 671310. : Complainant
And
SPEAK EAZY English Academy
6th Floor, HILITE Business Park,
Calicut, Kerala, 673014. : Opposite Party
ORDER
SMT.BEENA.K.G : MEMBER
The case of the complainant in brief is that he has joined for a Spoken English course L2 with personal trainer of opposite party on 2024 January by paying Rs. 5,900/-. The duration of the course is 60 days. The opposite party has given only 3 days class till 08/02/2024 on speakeazy mobile app. Due to the deficiency in service and unfair trade practice on the part of opposite party, the complainant had undergone huge financial loss and mental agony. Hence the complainant is seeking a compensation of Rs. 1,50,000/- from opposite party.
Notice of opposite party served, but they remained absent, name called absent, set exparte.
The complainant filed proof affidavit and the documents produced are marked as Ext. A1 and A2. Heard the complainant. The main questions raised for consideration are;
- Whether the complainant is a consumer?
- Whether there is any deficiency in service/unfair trade practice on the part of opposite parties in not giving the classes as per offer?
- Whether the complainant is entitled for relief? If so, what is the relief?
Here the complainant joined for a course of opposite party “Spoken English L2 with personal trainer” in 22nd January 2024 by paying Rs. 5,900/-. The complainant sought the service of opposite party for learning English by paying a consideration of Rs. 5,900/-. Hence he is a consumer as per Consumer Protection Act 2019. While discussing the second question, the complainant joined the course believing the offer of opposite party that the duration of the course is 60 days. But after paying the fee of Rs. 5,900/-, the opposite party has given only 3 days class till 08/02/2024 on Speakeazy Mobile app. The earlier offer was 60 days classes. While opposite party reduced the number of classes, it badly affected the learning of the complainant also. No one can learn English only with 3 days classes. Due to the reduction of number of classes by opposite party, the complainant had undergone huge monitory loss, mental agony and he lost all hope about the course. The complainant has produced the student status of the complainant as Ext. A1 and the payment details by the complainant to opposite party as Ext. A2. Ext. A1 and A2 proves that the facts of the case is true. The complainant had joined for the course and paid the fee as per the direction of opposite party. But after receiving the fees, the opposite party reduced the number of classes amounts to unfair trade practice and deficiency in service. In the absence of rebuttal evidence, there is serious deficiency in service and unfair trade practice on the part of opposite party which caused huge loss and mental agony to the complainant. Hence the complainant is entitled for relief in this case.
The relief sought by the complainant is Rs. 1,50,000/- including compensation and cost. The complainant is entitled for refund of the paid fees amount with compensation and cost. Considering the facts of the case, we are of the opinion that an amount of Rs. 15,000/- is a reasonable compensation in this case and the complainant is entitled for litigation cost of Rs. 3,000/- from opposite party.
In the result complaint is party allowed, directing opposite party to refund Rs. 5,900/- (Rupees Five thousand Nine hundred only) along with a compensation of Rs. 15,000/- (Rupees Fifteen thousand only) with a cost of Rs. 3,000/- (Rupees Three thousand only) to the complainant within 30 days from the date of receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibit
A1 – Student status of the complainant
A2 – Payment details by the complainant
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/