DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.
Complaint Case No: CC/86/2024
Date of Institution: 02.09.2024
Date of Decision: 14.10.2024
Shaminder Singh son of Gurdev Singh resident of Back Side Court Complex, Vikas Nagar, Barnala, Tehsil and District Barnala, Punjab.
…Complainant
Versus
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.
…Opposite Party
Complaint Under Section 35 of the Consumer Protection Act, 2019.
Present: Sh. S.D. Bansal counsel for complainant with complainant.
Opposite party exparte.
Quorum.-
1. Sh. Ashish Kumar Grover: President
2. Smt. Urmila Kumari: Member
3. Sh. Navdeep Kumar Garg: Member
(ORDER BY ASHISH KUMAR GROVER PRESIDENT):
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act 2019 against 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 (in short the opposite party).
2. The facts leading to the present complaint are that the opposite party is working online for providing education through learning app for students under the name and style of BYJUS Learning App. It is alleged that the son of the complainant namely Sehajbir Singh Dhaliwal isstudying in 9th class in YS School Barnala, District Barnala, Punjab and the complainant purchased a course from the opposite party for his son from the year 2020-2021 for class 6th to 10th and child of the complainant was using the Tab of opposite party from the year 2020. It is further alleged that in the month of March, 2024 the representative of the opposite party namely Pratik Sir contacted the complainant on his mobile no. 98882-27697 and introduced the online classes course of the opposite party and the representative of the opposite party had allured the complainant to purchase the online learning course in addition with course already purchased provided by the opposite party and claimed to be useful in increasing the learning capacity of his son. It is alleged that the representative of the opposite party also assured better future of the son of the complainant if he opted for their online learning application and it would also be disclosed to the complainant by the representative of the opposite party that their education company is being supported by film super star actor Shahrukh Khan through advertisement. It is further alleged that the representative of the opposite party convinced to the complainant to start these classes for his ward amounting to Rs 24,000/- for two years, in addition with course already purchased and assured to the complainant that if the student will not satisfy with the online classes, they will refund the entire amount without any deductions. It is further alleged that the representative of the opposite party told to the complainant that the online classes will start from the Ist April, 2024 and after that the complainant gave his consent to start online classes for 9th and 10th class for his ward and paid to the opposite party (Think and Learn Private Limited PI) Rs. 24,000/- through Google pay app on 18 March. 2024 from his account of SBI Bank situated at Barnala, District Barnala, vide UPI transaction ID 444475312851 and the complainant received the confirmation mail of opposite party on 23 March, 2024. It is further alleged that no online class started till the month of April, 2024 and nothing was informed to the complainant about online classes by the opposite party and then the complainant sent e-mail to the opposite party on 06.05.2024 for cancellation of course of online classes and ask the opposite party for refund his money amounting to Rs. 24,000/- deposited by the complainant to the opposite party and after receiving email, the opposite party created a Ticket (#"6245506"). After that the complainant contacted the representative of the opposite party on mobile no. 92435-00459 and the representative of the opposite party issued a complaint no. 7211157 to the complainant for cancellation of above said course. It is alleged that after that the complainant has been requested many times to the representative of the opposite party for cancellation of the above said online course and to refund the amount of Rs. 24,000/- but till today the opposite party did not cancel the above said online classes course nor refunded the amount to the complainant and despite of this, the opposite party is sending the e-mails to the complainant for starting online classes. It is alleged that the complainant served legal notice dated 15.07.2024 to the opposite party by way of registered post on dated 15.07.2024 through his counsel, but all in vain. As such, the aforesaid act amounts to deficiency in service and unfair trade practice on the part of opposite party. Hence, the present complaint is filed for seeking the following reliefs.-
- The opposite party may kindly be directed to refund the amount of Rs. 24,000/- alongwith interest.
- To pay Rs. 50,000/- as compensation for causing physical and mental harassment and Rs. 10,000/- on account of litigation expenses.
3. The opposite party was proceeded against exparte vide order dated 10.10.2024 due to non appearance.
4. The complainant tendered into exparte evidence affidavit of complainant as Ex.C-1, copy of order summary dated 30.3.2021 Ex.C-2, copy of payment receipt Ex.C-3, copy of email dated 6.5.2024 Ex.C-4, copy of mail dated 7.5.2024 Ex.C-5 (2 pages), copy of mail dated 8.5.2024 Ex.C-6, copy of mail 13.6.2024 Ex.C-7, copy of legal notice dated 15.7.2024 Ex.C-8, postal receipt Ex.C-9 and closed the evidence.
5. We have heard the Ld. Counsel for the complainant and have gone through the record on the file.
6. In order to prove his case the complainant has placed on record his detailed affidavit Ex.C-1 vide which he reiterated the averments as mentioned in the complaint. The complainant has further placed on record copy of order summary dated 30.3.2021 Ex.C-2 from which it shows that the complainant purchased a course from the opposite party for his son Sehajbir Singh from the year 2020-2021 for class 6th to 10th and son of the complainant was using the Tab of opposite party from the year 2020. The complainant further placed on record copy of payment receipt Ex.C-3 which shows that the complainant had paid to the opposite party (Think and Learn Private Limited PI) Rs. 24,000/- through Google pay app on 18 March. 2024 from his account of SBI Bank situated at Barnala vide UPI transaction ID 444475312851. The complainant further placed on record copy of mail dated 6.5.2024 Ex.C-4 from which it shows that the complainant made request to the opposite party to cancel the online classes due to fault on their side and to refund the deposited amount of Rs. 24,000/-. The complainant further placed on record copy of mails dated 7.5.2024, 8.5.2024 and 13.6.2024 Ex.C-5, Ex.C-6 & Ex.C-7 which were sent by the complainant to the opposite party for cancellation of online classes and to refund the amount deposited by the complainant. The complainant also placed on record copy of legal notice dated 15.7.2024 Ex.C-8 which was sent by the complainant to the opposite party through counsel and Ex.C-9 is the postal receipt.
7. So, from the perusal of the facts and evidence produced by the complainant it is established that the complainant purchased a course from the opposite party for his son Sehajbir Singh from the year 2020-2021 for class 6th to 10th and son of the complainant was using the Tab of opposite party from the year 2020. It is further established that the complainant had paid to the opposite party (Think and Learn Private Limited PI) Rs. 24,000/- through Google pay app on 18 March 2024 from his account of SBI Bank situated at Barnala vide UPI transaction ID 444475312851. Ld. Counsel for the complainant argued that no online class started till the month of April, 2024 and nothing was informed to the complainant about online classes by the opposite party and in this regard the complainant sent number of e-mails to the opposite party for cancellation of course of online classes and ask the opposite party for refund his money amounting to Rs. 24,000/- deposited by the complainant but till today the opposite party did not cancel the above said online classes course nor refunded the amount to the complainant. The opposite party acknowledged the mails sent by the complainant and also reverts to the complainant on 25.5.2024 that “We have received and registered your refund request and are doing our best to address it. Our Senior Manager will call you within the next 24-48 hours to help resolve your concern in the best possible way” Despite that the opposite party did not bother to resolve the concern of complainant and failed to refund the purchase amount i.e. Rs. 24,000/-. The complainant also served legal notice dated 15.07.2024 to the opposite party by way of registered post on dated 15.07.2024 through his counsel, but opposite party did not file any reply.
8. On the other hand, the opposite party has preferred to remain exparte and no one has come forwarded from the side of the opposite party to contest the allegations of the complainant, which are otherwise appears to be genuine and supported by various documents, in that event, we have no alternative except to believe the evidence produced by the complainant, which is un-rebutted. Hence, by not refunding the purchase amount to complainant the opposite party is liable for the deficiency in services and unfair trade practice.
9. Therefore, the present complaint is partly allowed and the opposite party is directed to refund the amount of Rs. 24,000/- to the complainant alongwith interest @ 7% per annum from the date of filing the present complaint till its actual realization. The opposite party is further directed to pay Rs. 5,000/- on the account of mental agony and harassment and Rs. 5,000/- on account of litigation expenses to the complainant. Compliance of this order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.
ANNOUNCED IN THE OPEN COMMISSION:
14th Day of October, 2024
(Ashish Kumar Grover)
President
(Urmila Kumari)
Member
(Navdeep Kumar Garg)
Member
