IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 04th day of October, 2019.
Filed on 29-01-2019
Present
1. Sri.E.M. Muhammed Ibrahim,B.A,LLM (President)
2. Smt. Sholy P.R, B.A.L,LLB (Member)
3. Smt.C.K.Lekhamma, B.A, LLB (Member)
In
CC/No.28/2019
between
Complainant:- Opposite party:-
Sri. Lawrence K.P 1. The Managing Director
S/o K.J.Peter Byju’s, 2nd Floor, Tower D,
Kurusingal House IBC Knowledge Park, 4/1
Canal Ward, Bannerghatta Main Road, Bengaluru
Alappuzha
(By Adv.R.Rajendra Prasad) 2. Richard T Vetticad
Employees ID No.21817738
Byju’s, 7th Floor, SL Plaza,
Civil Line Road, Sonia Nagar
Palarivattom, Ernakulam- 682025
O R D E R
SMT.SHOLY P.R (MEMBER)
The case of the complainant is as follows:-
The complainant is a consumer of the opposite parties. The opposite parties made the complainant to believe that they were a learning agency through internet and hand held devices for students studying up to 12th standard. The opposite parties were also promised the complainant that one tablet and SD card would provide as study materials and also provide 15 days of coaching for the child of the complainant as and when paying an amount of Rs.5,000/- and furnishing the bank account details of the complainant. The opposite parties had given specific assurance that, if the complainant was satisfied, the opposite parties would provide further training course for the child for one year through the internet.
Master Glenn Lawrence, the son of the complainant is studying at 8th standard in Leo XIIIth H.S.S., Alappuzha and on knowing this the 2nd opposite party who is an agent of the 1st opposite party, has approached the complainant on 20.11.2018 at the residence of the complainant at Alappuzha and has persuaded the complainant to pay the amount of Rs.5,000/- with the opposite parties by subscribing for learning course of the opposite parties. On the same day the 2nd opposite party received a cheque bearing No.388825 drawn on SBI, Alappuzha Town branch for an amount of Rs.5,000/- from the complainant and issued receipt, but the opposite party did not provide the tablet and SD card as promised earlier. Then the complainant contacted the 2nd opposite party through mobile and demanded the tablet and SD card, then he insisted the complainant to furnish the account details and asked to sign various papers. Due to the compulsion of the 1st opposite party the complainant was affixed his signature in certain papers in which the recitals were made in English language. Since the complainant was incapable of understanding the contents of the printed papers, he demanded the 2nd opposite party to explain it, but he told him that it was only a procedural formality for obtaining the tablet and SD card and the complainant need not be worried about it. Believing the above word the complainant affixed his signature in all the printed papers without knowing the meaning or its contents.
By taking the advantage of complaint’s ignorance of tablet and SD card, the opposite parties managed to get those papers signed by the complainant by using undue influence upon him and also not issued copies of the document signed by the complaint.
Thereafter on 08.12.2018 the complainant received tablet and SD card from the opposite parties and the complainant contacted the 2nd opposite party through his mobile phone, but he did not attend the call. Therefore the tablet and SD card could not be used by the complainant’s son without getting proper instruction from the opposite parties and they are useless. Moreover the opposite parties withdrew an amount of Rs.6,667/- from the account of the complainant without his consent and concurrence. On the contrary to the promise of the opposite parties, they have failed to secure a valid instruction and proper guidance to the complainant, and thereby the opposite parties committed deficiency in service. The complainant further submits that the opposite parties cannot resort to the terms of the printed papers signed by the complainant for the reason that there is no consensus ad idem between two parties in this regard and the misadministration especially in dealing with the teaching facility is very obvious and the above conduct of opposite parties is to be discouraged as it is fraudulent and malicious and all the opposite parties are jointly and severally liable to the grave deficiency in service committed by them.
On 17.01.2019 the complainant issued legal notice to the opposite parties for recovering the amount and documents and compensation, but the opposite parties were not responded, hence filed the present complaint seeking to return Rs.11,667 (Rs.5000+ 6667) along with 12 % interest and documents which are received from the complainant and compensation for Rs.1,00,000/- and costs from the opposite parties and from their assets.
Notice issued from this Forum in this case has been served on the opposite parties and they were called absent and set ex parte.
The complainant filed proof affidavit in lieu of chief examination and Exts.A1 to Ext.A4 are marked. Ext.A1 is the receipt for Rs.5,000/- issued by the 2nd opposite party. Ext.A2 is the office copy of legal notice issued to the opposite parties on behalf of the complainant and Ext.A3 and Ext.A4 are its postal receipts and acknowledgments.
According to the complainant the opposite parties approached the complainant at his residence at Alappuzha and has persuaded him to pay Rs.5000/- with the opposite parties by subscribing for learning course of the opposite parties by assuring to provide tablet and SD card and further training course for his child for one year through internet. The complainant paid Rs.5000/- and put his signature in some written documents of the opposite parties. Even though the opposite parties have given the tablet and SD card to the complaint after several requests made by him, the same is not functioning for want of guidance by the opposite parties. The opposite parties have also charged another amount of Rs.6667/- from the complainant without providing any service to him.
On perusal of the complaint, proof affidavit and Ext.A1 to Ext.A4 documents it is clear that the opposite parties received Rs.5,000/- from the complainant towards BAIJU’s products on 20.11.2018 and it is also evident from the legal notice and its acceptance that the other allegations of the complainant leveled against the opposite parties stands proved. It is also clear from the available materials that by believing attractive offers made by the opposite parties the complainant has sustained financial loss and mental agony. In view of the materials available on record it is clear that there is deficiency in service on the part of the opposite parties and the complainant is entitled to return the amount which he paid to the opposite parties through cheque for Rs.5,000/- and Rs.6,667/- which the opposite parties withdrawn from the account of the complainant. (Rs.5,000+6,6667 = 11,6667/-).
In the result complaint stands allowed. The opposite parties are directed to pay Rs.11,667/- (Rupees Eleven thousand six hundred and sixty seven only) with interest 12 % per annum from the date of filing this complaint till realization. The opposite parties are further directed to pay an amount of Rs.10,000/- (Ten thousand only) towards compensation and Rs.3,000/- towards the cost of this proceedings. The order shall be complied within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 04th day of October, 2019.
Sd/-Smt. Sholy P.R (Member) :
Sd/-Sri.E.M. Muhammed Ibrahim (President) :
Sd/-Smt.C.K.Lekhamma (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Receipt issued by the opposite parties
Ext.A2 - Office copy of the legal notice
Ext.A3 - Postal Receipts
Ext.A4 - Acknowledgment Cards
Evidence of the opposite parties:- Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Sa/-
Compared by:-
