By Smt. PREETHI SIVARAMAN.C, MEMBER
The complaint in short is as follows:-
1. Complainant enrolled in a Data Science Course on 27/11/2023 with opposite party No.1 due to the assurance given by their sales representative, opposite party No.3. On the same day of enrolment complainant paid full fee amount of Rs. 30,000/- through their online payment portal.
2. Complainant enquired about the refund policy on cancellation of the enrolment on the very first day of enrolment , but opposite party No.3 informed him vaguely about 3 day refund policy without providing complete details and shared training programme brochure that excluded this refund policy information. Then complainant decided to cancel the enrolment on 28/11/2023 and informed to opposite party No.3 and he also requested for refund. But opposite party No.1 and 2 closed the ticket denying his refund request, citing the commencement of orientation class as the reason for refund ineligibility. Thereafter complainant was informed that the ticket was closed based on the undisclosed second clause of the refund policy.
3. The refund policy of first opposite party has two clauses and only one of which was disclosed by the sales representatives at the time of inquiry. The crucial second clause, stating that candidates are eligible for a refund only if they apply for cancellation before the commencement of the programme and was not communicated to the complainant. The failure from the side of opposite party No.3 to disclose the complete refund policy amounts to lack of transparency and the deliberate attempt to manipulate the decision making process of complainant. Complainant again stated that he was cheated and manipulated by company’s treatment and he was not provided with vital information that significantly influenced by the enrolment decision of complainant.
4. After several enquiries opposite party No.2 claims that the refund policy information is available on their website. However this information is hidden and suppressed at the bottom of the web page of the course details. Opposite party No.2 also rejected the request of complainant regarding to communicate with a Manager and discuss the dispute. Opposite party No.1 did not provide any service for the payment of Rs. 30,000/- and was inconsiderate to the complainant. The illegal and dishonest act of opposite party is a deficiency in service and amounts to unfair trade practices under the Act.
5. Complainant stated that he is entitled to get the refund amount from the opposite parties. On account of deficiency in service and unfair trade practice on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant. Hence all the opposite parties are jointly and severally liable to compensate the complainant. Hence this complaint.
6. The prayer of the complainant is that, he is entitled to get a full refund of Rs. 30,000/- the amount he had already paid to opposite parties, Rs. 50,000/- as compensation on account of deficiency in service and unfair trade practice on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant and Rs. 25,000/- as cost of the proceedings.
7. On admission of the complaint notice was issued to the opposite parties and notice served on them and they did not turn up. Hence opposite parties set exparte.
8. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A4. Ext.A1 is the copy tax invoice (payment details) of Rs. 30,000/- dated 27/11/2023, Ext.A2 is the copy of Screenshot of chats enquiring about opt out or the course cancellation and refund policy. Ext.A3 series are the copy of emails regarding the ticket has been created with the ticket ID 14245 and the rejection of ticket. Ext.A4 is the copy of brochure regarding the course conducted by opposite parties.
9. Heard the complainant and perused the affidavit and documents filed by complainant. The allegations against opposite parties are proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced four documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite parties as alleged in the complaint. Hence we allow this complaint holding that opposite parties are deficient in service.
10. We allow this complaint as follows:-
- The opposite party No.1 is directed to refund Rs. 30,000/- (Rupees Thirty thousand only) to the complainant, the amount he had already paid to opposite party No.1.
- The opposite parties are directed to pay compensation of Rs. 10,000/-(Rupees Ten thousand only) to the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
- The opposite parties are also directed to pay Rs. 3,000/- (Rupees Three thousand only) to the complainant as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the date of receipt of copy of this order, the opposite parties are liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 27th day of March, 2024.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A4
Ext.A1 : Copy tax invoice (payment details) of Rs. 30,000/- dated 27/11/2023.
Ext.A2 : Copy of Screenshot of chats enquiring about opt out or the course
cancellation and refund policy.
Ext.A3: Series are the copy of emails regarding the ticket has been created with the
ticket ID 14245 and the rejection of ticket.
Ext.A4 : Copy of brochure regarding the course conducted by opposite parties.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
