A-1054/2024

13-6-2024

ORDER ON ADMISSION

SMT. SUNITA C.BAGEWADI, MEMBER

Heard from appellant.

2.  The appellant submits that he had enrolled an online course for his daughter dated 15.8.2023 in the respondent’s concern. The appellant was asked to enroll for the classes by stating that the course total cost of Rs.73,000/- for 260 classes. The appellant further submits that the appellant made the transaction through a gateway called “ShopSe” and as course fees Rs.73,000/- was converted into debit card EMI for 18 months. After sometime, the appellant realized that the service provided by the respondent’s would not help his daughter and the appellant sent an email for cancelling the course and the EMI too on Sunday, August 20^th, 11.30 a.m. The appellant once again contacted by the Finance Team from the respondents on 24^th August, 2023 and the respondents informed to the appellant that there are certain cancelation charges as per the policy of the respondent’s concern and the demo classes are also chargeable, but this was not informed to the appellant before. After almost 10 days, the appellant received another mail from the respondent’s side stating a list of deductions on the amount paid by the appellant. The appellant further submits that the respondents have updated their official website with a wrong address and the appellant first legal notice sent on 13.9.2023 was returned by the post because of the wrong address. The appellant had also sent legal notice through advocate on 7.10.2023 but there was no response from the respondents. Hence, the appellant filed consumer complaint before the 1^st Addl. Bengaluru District Consumer Commission, Shanthinagar, Bengaluru on 20-12-2023.  

3. The appellant further submits that after service of the notice of the District Commission, respondents remained absent and placed exparte. After trial the District Commission has allowed the complaint and directed the respondents to pay Rs.73,000/- less 15% towards cancellation fee with interest @6% per annum along with compensation and litigation cost.  

4. Aggrieved by this order, the appellant has preferred this appeal.

5. Perused the appeal memo and order passed by the District Commission, we noticed that it is an evident that Ex.P2 the copy of transaction details which shows that the appellant had made the payment of Rs.73,000/- to the Opposite Parties for online course for his daughter. Going through the appeal memo and the order passed by the District Commission it is noticed that the appellant after enrollment his daughter, realized that the service of respondent could not useful for his daughter and he decided to cancel the course and requested to the respondent to refund the amount by cancelling the course. The respondent through email stated that there are some cancellation fees as per policy. Subsequently the appellant received an email stating the list of deduction on the paid amount. Aggrieved by the same, the appellant filed a complaint before the District Commission and inspite of service of notice the respondent has not appeared before the District Commission and contest the matter.

6. Hence, considering these facts, affidavit evidence of appellant and materials on record, the District Commission has passed an exparte order against the respondent and for the interest of justice and equity, directed the appellant to refund an amount of Rs.73,000/- less 15% towards cancellation fee with 6% interest per annum along with compensation and litigation costs. However, the appellant has not satisfied and preferred this appeal, in our opinion the order passed by the District Commission is just and proper, because the respondent is not appeared before the District Commission and contest the matter. Moreover the appellant’s daughter after demo session and after discussion enrolled for the classes and made the transaction. Moreover there is no any document produced by the appellant that due to the deficiency of service on the part of the respondent what type of loss he has suffered? and how is entitled for enhancement of the compensation. Hence, no grounds made out to admit the said appeal. As such no interference is required. Accordingly, we proceed to pass the following:  

O R D E R

The appeal is hereby dismissed.  No order as to cost.

The impugned order 27-2-2024 passed by the 1^st Additional District Consumer Disputes Redressal Commission, Bengaluru in CC.No.373/2023 is confirmed.

Send a copy of this order to both parties as well as concerned District Consumer Commission.

Member                                    Judicial Member