Delhi

North

CC/400/2022

SURAJ SURENDRA SINGH - Complainant(s)

Versus

UFABER EDUTECH PRIVATE LIMITED - Opp.Party(s)

16 Sep 2023

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

Consumer Complaint No. 400/2022

In the matter of

Sh. Suraj Surendra Singh

Having residence at

106/A, Gali-3

Kali Ghat, Wazirabad Village, Buradi

North Delhi-110084                                                                                                                                     …Complainant

                                                                  

          Versus

Ufaber  Edutech  Private Limited

Through its Directors

First floor, Unit No.FF A-106,

Guild House Pheonix

Mall Kurla West

Mumbai-400070                                                                                                                                         ….Opposite Party

                                                         

ORDER

16/09/2023

Harpreet Kaur Charya, Member

The present complaint has been filed under Section 34, of the Consumer Protection Act, 2019, by Sh. Suraj Surendra Singh, the complainant against, Ufaber Edutech Private Limited, OP with the allegations of deficiency in services and unfair trade practices. 

1.     Briefly stated the facts of the present complaint are that, OP is a private Edutech Company @ ILETS Ninja, engaged in providing career Counseling/Test preparation, online content for preparation of IELTS, UPSC, GATE Exam etc.  On 30/05/2022, the complainant along with his friend, Ms. Tanushree Dutta approached OP for availing and purchasing student Visa Career Package for a prospective course on Cyber Security Governance from Netherland. 

2.     As per the complaint, the total fees for the said course was Rs.40,000/- and the complainant was assured that in case the complainant was not satisfied after the first counseling session, the said amount was refundable without any deduction. The same was clarified by OP internally vide email dated 30/05/2022 at 6.59 p.m. by one of the employees of the OP namely, Mr. Raghaav Mohta.

3.     On 31/05/2022, the complainant shared his mark sheet and other requisite documents as required by OP for profile evaluation. A total consideration of Rs.40,000/- was paid via payment link.   On 09/06/2022, at 6.30 p.m. the complainant attended the first Career counseling session, however, the complainant was not satisfied with the quality and the same was intimated to the OP with demand for full refund.  OP was also informed vide email dated 13/06/2022, stating that the counselor was not fully prepared and was not updated and ready with the research, hence again requested for refund of the fees deposited.

4.     Despite, several reminders vide email dated 15/06/2022, seeking refund, the same was not initiated.  Thereafter, the complainant through emails from 16/06/2022 to 05/07/2022 sent several reminders for initiating refund.  However, the neither any amount was credited to the bank account of the complainant nor email dated 05/07/2022 was replied.

5.     Legal notice dated 10/08/2022, was served upon OP, demanding refund along with interest @18 p.a. ,however, the same was received back with the endorsement “undelivered due to company/person shifted” but the same was delivered to OP vide email.

6.     Feeling aggrieved by the act/omission on part of the OP, the present complaint with the prayer for directions to OP :-

1. To refund Rs.40,000/- to the complainant
2. To pay an interest @18% p.a. on the consideration amount of Rs.40,000 from 31/05/2022 till the date of realization
3. To pay a sum of Rs. 30,000/- for compensation towards mental tension and agony suffered by him on account of unfair trade practice and deficiency in service.
4. To pay an amount of Rs.30,000/- as cost of litigation to the complainant.

7.   The complainant has filed copy of Adhaar Card as Annexure-C-1, copy of master data of the OP as Annexure-C-2, true copy of email dated 30/05/2022 sent by Ms.Deepti Goyal  as Annexure C-3, copy of email dated 30/05/2022 sent by Ms.Deepti Goyal as Annexure-C-4, copy of email dated 30/05/2022 sent by Sh.Raghav Mahto to Ms.Deepti Goyal as Annexure C-5., true copy of email dated 31/05/2022 as Annexure C-6 (colly), true copy of email dated 31/05/2022 as Annexure C-7, true copy of proof of payment dated 31/05/2022 as Annexure C-8, copy of email dated 01/06/2022 as Annexure C-9, copy of email dated 01/06/2022, 02/06/2022 as Annexure C-10(colly), true copy of email dated 07/06/2022 as Annexure C-11, true copy of email dated 13/06/2022 as Annexure-C-12, true copy of email dated 13/06/2022 at 2.40 pm as Annexure C-13, true copy of reminder emails dated  15/06/2022 as Annexure C-14 (colly), true copy of email dated 15/06/2022 sent by OP as Annexure C-15,  true copy of email dated 15/06/2022 sent by the complainant as Annexure C-16 (colly), true copy of email dated 16/06/2022 sent by complainant as Annexure C-17, true copy of email dated 20/06/2022 sent by OP as Annexure C-18, true copy of email dated 20/06/2022 by OP as Annexure C-18, true coy of email dated 20/06/2022 sent by complainant as  Annexure-C-19, true copy of email dated 20/06/2022 sent by OP  as Annexure C-20, true copy of email dated 20/06/2022 & 23/06/2022 to OP as Annexure-C-21 (colly), true copy of email dated 23/06/2022 by OP as Annexure C-22. True copy of email dated 29/06/2022 to OP as   Annexure C-23, true copy of email dated 05/07/2022 to OP as Annexure C-24, true copy of legal notice dated 10/08/2022 as Annexure C-25, true copy of courier receipts as Annexure C-26 (colly), true copy of email receipt dated 10/08/2022 as Annexure C-27.

8.   Evidence by way of affidavit has been filed by the complainant ,where the contents of the complaint have been reaffirmed.  The complainant has relied on the document annexed with the complaint and has got them exhibited.  The true copy of the Aadhar card as Ex.CW1/1, true copy of master data of OP as Ex.CW-1/2,; true copy of email dated 30/05/2022 as Ex.CW1/3  to Ex.CW1/5, true copy of email dated 31/05/2022 as Ex.CW1/6 to Ex.CW1/10 and  Ex.CW-1/12.  True copy of proof of payment dated 31/05/2022 as Ex.CW1/11.  Copy of emails dated 01/06/2022 are Ex.CW-1/13 and Ex.CW-1/14; copy of emails dated 02/06/2022 as Ex.CW1/15 to Ex.CW1/21;

9.   The complainant has also got exhibited copy of email dated 07/06/2022 as Ex.CW1/22; email dated 13/06/2022 are exhibited as Ex.CW-1/23 and Ex.CW-1/24; copy of reminder email dated 15/06/2022 are Ex.CW-1/25 to Ex.CW-1/30; email dated 16/06/2022 as Ex.CW-1/31.Email dated 20/06/2022 as Ex.CW-1/32 to Ex.CW-35.  The complainant has further got exhibited the copies of email sent to OP on 23/06/2022 as Ex.CW-1/36 to Ex.CW-1/38; copy of email dated 05/07/2022 as Ex.CW-1/39, copy of legal notice 10/08/2022 along with courier receipt as well as through email are Ex.CW-1/40 to Ex,CW1/42. 

10. During the pendency of the complaint, the complainant filed an affidavit indicating that OP has refunded a sum of Rs.40,000/-, the principle amount to the complainant on 10/01/2023 vide transaction bearing “MMT/IMPS/301014163185/Ufaber Edutech Private Limited/Razorpay”. And got the same exhibited as Ex.CW-1/43
11. Since, OP did not appeared despite service, hence, they were proceeded ex-parte vide order dated 01/02/2023.
12. We have heard the submissions made by Ld. Counsel for the complainant and have perused the material placed on record.  Since, OP has refunded the amount of Rs.40,000/- paid by the complainant towards the fees for the course, the dispute only remain with respect to the interest on the delayed payment as well as the quantum of compensation. 
13. A look is to be made at the email  dated 30/05/2022, Ex.CW1/4, wherein the complainant was assured by Ms. Deepti Goyal, Senior Manager, BDM-IELTS NINJA, one of the employees of OP, that it will be a complete refund of Rs.40,000/- with no deduction, same is also reiterated vide email dated 30/05/2022 at 6.59p.m. (Ex.CW1/5). The said communication is from the employee of OP namely,Mr. Raghaav Mohta. AVP-Business Development, which is being reproduced here under :-
    • Hi Deepti,

Approved from my side,

Post the Career Counselling Session,if the student feels that he is not satisfied with the same, we will issue a refund.

However, to keep the thing tracked on the company end, Please do ensure what are the areas the student wants to discuss so that we can cover that too in our discussed.

In case of any queries, do let me know.”

 

14. Thereafter, the complainant was requested to share the documents for profile evaluation vide email dated 02/06/2022 (Ex.CW1/15 to Ex.CW1/18) wherein the complainant was requested to share mark sheet of class X and XII, for profile evaluation, which were shared on 02/06/2022 at 6.36 p.m. (Ex.CW1/20) and after that the counseling was scheduled for 09/06/2022 at 6.30 p.m.
15. An email dated 13/06/2022 (Ex.CW1/23) was written to OP stating that the complainant and his friend were not satisfied with the Career Counseling session and wanted refund of Rs.40,000/-. In another email of even date (Ex.CW1/24), which has been written by the friend of  the complainant Ms.Tanushree Dutta, stating that they are not satisfied because the content explained during the session was nowhere close to what was told to them at the time of joining.  They both had provided all the documents for evaluation and still counselor had not gone through the profile of the complainant, hence requested for refund of Rs.40,000/- as they no longer wish to continue further.  The same is reiterated vide email dated 15/06/2022 as well as in subsequent reminders through email.
16. If we look at email dated 23/06/2022, after several deliberation the complainant was assured that OP is initiating refund.  However, the same was not done despite assurance.
17. As, OP has proceeded ex-parte there is no ground to disbelieve that allegations made by the complainant and the same have remained un-rebutted. The complainant has successfully proved his case. The complainant was assured refund of the amount, in case he was not satisfied with the counseling session and subsequently denial on the ground that the same cannot be refunded as the complainant has not gone through the services yet and the refund is possible only when the OP has worked on the profile and if the Visa is rejected then only the refund process can be initiated. Giving false assurance and subsequently denial of refund on flimsy ground amounts to adoption of unfair method or deceptive practice, which is definitely unfair trade practice.
18. It has been observed by Hon’ble Supreme Court in “Ghaziabad Development Authority vs Balbir Singh”, CA No.7173 of 2002 decided on 17/03/2004, that the word 'compensation' is again of very wide connotation. It may constitute actual loss or expected loss and may extend to physical, mental or even emotional suffering, insult or injury or loss. Therefore, when the Commission has been vested with the jurisdiction to award value of goods or services and compensation it has to be construed widely enabling the Commission to determine compensation for any loss or damage suffered by a consumer which in law is otherwise included in wide meaning of compensation. The provision in our opinion enables a consumer to claim and empowers the Commission to redress any injustice done to him. Any other construction would defeat the very purpose of the Act. The Commission or the Forum in the Act is thus entitled to award not only value of the goods or services but also to compensate a consumer for injustice suffered by him.

 

19. Thus, in the light of above judgment, the complainant is entitled to compensation.
20.  As, amount of Rs.40,000/- was refunded by OP on 10/01/2023,after the institution of the present complaint, thus, there is also a delay in refund, therefore, the complainant is entitled to interest from the date of payment i.e. 31/05/2022 to 10/01/2023.
21. Therefore, in the facts and circumstance of the present complaint, we direct OP to :

1. Pay interest @9% p.a. on Rs.40,000/- from the date of deposit i.e. 31/05/2022 till  10/01/2023i.e. date of refund.
2. Pay a compensation of Rs.15,000/- on account of unfair trade practice, inclusive of litigation expenses.

22. This order be complied within 30 days of receipt, in case of non-compliance, the compensation awarded in clause (b) shall carry interest @ 9% p.a. from the date of order till realization.
23. Office is directed to supply the copy of this order to the parties as per rules. Order be also uploaded on the website.  Thereafter, file be consigned to the record room.

 

 

(Harpreet Kaur Charya)                           Member

(Divya Jyoti Jaipuriar)        President