Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 369
Instituted on : 14.07.2023
Decided on : 22.04.2024.
BhavinGahlaut(minor) age 16 years, through her mother Sonia Gahlaut w/o Sh.Nideep Singh Gahlaut R/o H.No.1080, Sector-3, Rohtak-124001.
..............Complainant.
Vs.
- The Manager, Byju's, 4thfloor, Tower B, ASF Centre, Plot No. 362-363 UdyogVihar, Phase-IV, Gurgaon-122016.
- Byju's through its Manager, Head Office/Corporate office, 2 floor Tower D, IBC Knowledge Park, 4/1, Bannerghatta main road, Bengaluru-560029.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Sh.Sandeep Kumar Hooda, Advocate for the complainant.
Opposite party No.1 given up.
Opposite party No.2 exparte.
ORDER
VIJENDER SINGH, MEMBER:
1. Brief facts of the case as per complainant are that on 12.05.2023, the complainant had purchased a teaching course i.e. Aakash BYJU'S 11+12 Grade PCB_NEET Live & Streaming May 2025 from respondents/opposite parties to the tune of Rs.16,000/-& Rs.1,20,000/- (Total 1,36,000/-) and the course was to be attended through online classes. As per policy of the opposite parties "Student may apply for a refund within a period 30 days from the date of purchase of the course”. On 24.05.2023 i.e. 12th day of purchase of the course, the complainant wrote for cancellation of the above mentioned course through her mother's e-mail to the respondentsand again sent e-mail regardingthe same on 03.06.2023. The cancellation request no. in this regard is 46691484. On 09.06.2023, the mother of complainant again approached the respondents/opposite parties through email and they had reverted back to the mother of complainant that the process is ongoing. The mother of complainant again mailed on 16.06.2023,on 03.07.2023 and 04.07.2023 regarding cancellation request and for refund of fee but till date the refund amount has not been received by complainant or his mother. The respondents have miserably failed to execute their policy and it is the complainant who is suffering without any fault. The act and conduct of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that the opposite parties may kindly be directed to refund the amount of Rs.1,36,000/-, to pay compensation of Rs.50,000/- on account of mental agony & harassment and Rs. 20000/- as litigation expenses to the complainant.
2. After registration of complaint, noticeswere issued to the opposite parties.Notice sent to opposite party no.2 through registered post was received back with the report that item delivery was confirmed but none appeared on behalf of opposite party No.2 and opposite party No.2 was proceeded against exparte vide order dated 21.08.2023 of this Commission. However opposite party No.1 was given up by the complainant vide his separately recorded statement dated 21.08.2023 being unnecessary party..
3. Ld. counsel for the complainant in his exparteevidence has tendered his affidavit Ex.CW1/A, documents Ex.C1 to Ex.C3 and closed his evidence on dated 10.10.2023.
4. We have heard learned counsel for the complainant and have gone through material aspects of the case very carefully.
5. In the present case the main contention of the complainant is that he had purchased a teaching course on 12.05.2023 and paid a sum of Rs.16,000/-&Rs. 1,20,000/- (total 1,36,000/-) and the course was to be attended through online classes. As per policy of the opposite parties "Student may apply for a refund within a period of 30 days from the date of purchase of the course”. On 12thday of purchase of the course i.e. 24.05.2023, the complainant through her mother's e-mail wrote for cancellation of the above mentioned course to the opposite parties. To prove hiscase complainant has placed on record copy of order summary Ex.C1, copy of receipts Ex.C2 and copy of e-mails Ex.C3(10 pages). Copy of emails Ex.C3 shows that the first email was sent on 24.12.2023 through which cancellation request was made by the complainant i.e. within 12 days of purchase of course. Thereafter complainant sent emails on dated 24.05.2023 & 03.06.2023. On 09.06.2023opposite party replied the mail and submitted that: “The process is ongoing and will be completed before your first emi date. Emi won’t be deducted”. Complainant again sent emails on dated 16.06.2023, 17.06.2023, 19.06.2023, 03.07.2023, 04.07.2023 for cancellation of course and to refund of fee. But despite her repeated requests, fee was not refunded by the opposite parties. On the other hand opposite party No.2 did not appear despite service of notice through registered post and was proceeded against exparte vide order dated 21.08.2023 of this Commission. As such it is presumed that opposite party no.2 has nothing to say in the matter and all the allegations levelled by the complainant against the opposite party No.2 stands proved.
6. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party No.2 to refund the amount of Rs.136000/-(Rupees one lac thirty six thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 14.07.2023 till its realisation and also to pay a sum of Rs.4000/-(Rupees four thousand only) as compensation on account of deficiency in service andRs.4000/-(Rupees four thousand only)as litigation expensesto the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
22.04.2024.
........................................................
Nagender Singh Kadian, President
..........................................
TriptiPannu, Member.
……………………………….
Vijender Singh, Member
