Haryana

Ambala

CC/109/2024

AMAN KUMAR ADVOCATE - Complainant(s)

Versus

THINK AND LEARN PVT LTD - Opp.Party(s)

D.S SANDHU

28 Nov 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	109/2024
Date of Institution	:	25.04.2024
Date of decision	:	28.11.2024

1. Aman Kumar Advocate S/o Sh. Purshotam lal R/o H.No.1266, Badshahi Bagh Colony, Ambala City.
2. Divya (minor age about 9 years.) D/O Aman Kumar Advocate through her father Aman Kumar Advocate S/o Sh. Purshotam Lal R/o H. No.1266, Badshahi Bagh Colony, Ambala City being father and natural guardian.

          ……. Complainants

                                                Versus

1. Think and Learn Pvt. Ltd, BYJU S, 2nd floor, Tower D, IBC Knowledge Park, 4/1, Bannerghatta Main Road, Bengaluru-560029. Represented by Managing Director.
2. BYJU'S Tuition Centre, 1st Floor, Vijay Ratan Chowk, Above Jain Soda Water, Sadar Bazar, Ambala Cantt, Haryana-133001 through its prop.

                                                                                   ….…. Opposite Parties

Before:        Smt. Neena Sandhu, President.

                     Smt. Ruby Sharma, Member.           

                  

Present:       Shri Daljeet Singh Sandhu, Advocate, counsel for the complainants.

                      Defence of the OPs struck off vide order dated 22.08.2024.

Order:        Smt. Neena Sandhu, President.

                   Complainants have filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To reimburse Rs.8000/- and Rs.51,500/-, illegally and negligently charged for the Learning program;
2. To pay Rs.50,000/- to the complainants as compensation for causing mental harassment and agony and also for deficiency in services and negligence on the part of the OPs in rendering their services to the complainants;
3. To pay cost of litigation.
4. Grant any other relief which this Hon’ble Commission may deems fit

 

2.           Brief facts of the case are that complainant no.2 is the minor daughter of complainant no.1, as such, the complaint has been filed by her through her father, being the natural guardian. The OPs offered learning programs with a unique blend of technology, content, and pedagogy in 2019, the Disney. BYJU'S Early Learn App was launched in India to offer personalized, interactive programs for young learners. The OPs claimed themselves to be dealing in online learning app for students under the name and style "BYJU'S learning app" to the public at large. OP no. 1 is the Head Branch, OP no. 2 is the branch office. The complainant no. 2 is student of class 4th in Dayanand Public School, Ambala City. The OPs through their agents approached the School to grant a scholarship to the Students who are bright in studies and in this process they also contacted the complainant no. 1 regarding complainant no. 2. Thereafter, an online meeting via ZOOM app was organized by OP no. 1 through their authorized agent namely Mr. Vartual Paday on 03/12/2023. During the said online meeting, complainant no. 2 was selected for a scholarship by the OPs for their learning Program/App. Assurance was given by the OPs to the complainant no.1 that there is a 15 day trial period to assess their learning app otherwise complainant no. 1 will be at liberty to withdraw from the scheme and if he did not feel satisfied from the course within that 15 days of trial period, it was assured by the OPs that complainants may exit/close the course and the full money will be refunded to him. Complainant no.1 at the initial stage, considering and believing the above assurance given by the authorized agents of OP no.1, had purchased the course for complainant no.2 and made payment of Rs.8000/- for their learning device and Rs.51,500/- for the 2 year learning program as per their conditions, through his HDFC credit card. Complainant no.1, however, within 15 days of trial period, decided to quit the said scheme/contract and accordingly, on 06/12/2023 had applied for cancellation via sending email to the registered email ID of OPs no. 1 i.e. "cancellations@byjus.com" with the Copy to "support@byjus.com", but no reply/response was given. Due to the act of the OPs, who neither responded to the e-mail nor refunded the amount, the complainants have suffered lot of mental harassment. The complainant no. 1 also informed the matter to all the OPs by calling them on the phone and by sending e-mails dated 10/12/2023,14/12/2023, 18/12/2023, 19/12/2023, 30/12/2023, 08/01/2024, 11/01/2024, 18/01/2024, 23/01/2024, 15/02/2024 and 09/03/2024 but to no avail and the OPs are still utilizing the amount of the complainants.  The complainants have also raised their grievance with the grievance team of the OPs via emails dated 22.03.2024, 05.04.2024 &10.04.2024 but all in vain. Hence this consumer complaint
3.           The Learned Counsel for the OPs sought adjournment for filing written version on 12.07.2024 and 05.08.2024, however, on 22.08.2024 none appeared on behalf of the OPs to file the written version, as such, their defence was struck off, vide order dated 22.08.2024.
4.           Learned counsel for the complainants tendered affidavit of the complainant No.1 as Annexure CW1/A alongwith documents as Annexure C-1 to C-7 and closed the evidence on behalf of complainants.
5.           We have heard the learned counsel for the complainants and have also carefully gone through the case file.
6.           Learned counsel for the complainant has vehemently contended that the opposite parties are accused of failing to refund the amount Rs.8000/- and 51500/- paid by the complainants to the opposite parties, as is evident from receipts dated 02.12.2023, Annexure C-5 to C-7 for the learning app aforesaid, despite the fact that the complainants availed of the refund option within the prescribed period of 15 days.
7.           It may be stated here that it is the definite case of the complainants that the said option for refund of Rs.8000/- and Rs.51500/- paid vide receipts dated 02.12.2023, Annexure C-5 to C-7 for learning app aforesaid, was availed as per the assurance given by the opposite parties. However, it is pertinent to note that the opposite parties, upon being duly notified of the complaint, chose not to file a written version within the prescribed period of 45 days as mandated under the provisions of CPA 2019 by law. The failure to submit a written version within the stipulated time frame is not merely a procedural lapse; it has serious consequences in terms of the defence available to the opposite parties. As a result of their failure to file the written version, the defence of the opposite parties was struck off, vide order dated 22.08.2024. It may be stated here that non-filing of written version by the OPs is sufficient to establish that they have nothing to say in their defence. The failure of the OPs to respond to the allegations of the complainants and  lack of any explanation regarding the non-refund of the amount despite the fact that the complainants wrote number of emails and letters, starting from 09.03.2024 to 10.04.2024, Annexure C-1 to C-4, effectively supports the claim of the complainants. Since, the assertions of the complainants went unrebutted & uncontroverted, and as such, we have no reason to disbelieve the contention of the complainants, which is duly supported by documentary evidence. Thus, we do not hesitate to conclude that by not refunding the amount, as stated above, the OPs have committed deficiency in providing service.  The complainants are therefore held entitled to refund of the amount aforesaid alongwith interest and also compensation for mental agony and harassment alongwith litigation expenses. 
8.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OPs, in the following manner:-
   1. To refund the amount of Rs.8000/- and 51500/- paid by the complainants alongwith interest @6% p.a. from 02.12.2023 i.e the date of payment, till its realization.
   2. To pay Rs.5,000/-, as compensation for the mental agony and physical harassment suffered by the complainants.
   3. To pay Rs.3,000/-, as litigation expenses.  

                   The OPs are further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OPs shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room

 Announced:- 28.11.2024

	(Ruby Sharma)	(Neena Sandhu)
	Member	President