DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
U.T. CHANDIGARH
Consumer Complaint No. | : | 117 of 2021 |
Date of Institution | : | 17.02.2021 |
Date of Decision | : | 13.6.2022 |
Ashutosh Kumar, # 3308, Sargodha Housing Society Sector – 50 D, Chandigarh. 160048, Mail ID: .
…..Complainant
V E R S U S
- Vamsi Krishna, CEO, Vedantu Innovations Pvt. Ltd. D. No.1081, 3rd Floor, Vistar Arcade, 14th Main Rd, Sector 3, HSR Layout Bangalore, Karnataka, India PIN 560 102 Mail ID: Phone No. +919886602456
…….OP No. 1
- Manager, Student Care, Vedantu Innovations Pvt. Ltd. D. No. 1081, 3rd Floor, Vistar Arcade, 14th Main Rd, Sector 3, HSR Layout Bangalore, Karnataka, India PIN 560 102 Mail ID:
…….OP No. 2
BEFORE: SMT.PRITI MALHOTRA, PRESIDING MEMBER
SH. B.M SHARMA, MEMBER
Argued by: -Complainant in person
OPs exparte.
PER PRITI MALHOTRA, PRESIDING MEMBER
- Briefly stated the case of the complainant is that his son Class 12th student was preparing for JEE Mains 2021 and for board class 12th exams simultaneously. It is averred that since the complainant’s son was targeting JEE Mains 2021, February 2021 attempt scheduled between 23rd and 27th February 2021, therefore, opted to join course in December 2020 so that he could revise the whole course of physics, chemistry and mathematics in stipulated time period i.e. before the JEE Mains 2021first schedule date in February 2021. During the online search for such course the complainant son found Vedantu Innovation Pvt. Ltd. (OPs) providing crash course online by the name of JEE Mains 2021 going to start from 14th December 2020 (Brochure Attached Annexure-1 P-10). It is asserted that during the consultation with the Vedantu Innovation Pvt. Ltd. counselor briefed about the fee structure and course content and tenure on their toll free number 1800120456456 and it was ensured that the course will be completed before the first JEE Main 2021 exam i.e. before 23rd Feb 2021. Also averred that as per information given on the website of the OPs there were 90 sessions of 120 minutes and 9 to 15 sessions per week, that means if total duration is calculated on the basis of lowest number of sessions per week, the course will be completed in 10 weeks and starting from 14 December 2020 till 28th Feb 2021 and if calculated on 15 sessions per week it was to be completed in 6 weeks i.e. by 28th January 2021 ( Annexure-1 P-10). It is further submitted that after getting assurance from the counselor of OPs for timely completion of course before first JEE Main 2021 attempt, Rs.8000/- was transferred in the account of OPs (Annexure-2 P-11) After payment of fee the son of the complainant was issued login ID and password. It is alleged that as soon as the son of the complainant logged in to account he found that course will be completing in April 2021 (Annexure-3 P-12). It is alleged that the course duration was not accessible before the payment made. Since the course was to be completed in April 2021, therefore, the son of the complainant found it useless as he was targeting for February 2021 attempt and immediately approached the counselor of the OPs to find the solution of this problem but they could not solve the problem and as such the son of the complainant requested the Ops either complete the course within stipulated period or refund the amount but they denied for refund stating that the amount is non-refundable. The Ops also vide Annexure-5 P-14 denied for refund. It is alleged that despite repeated requests made with the Ops they did not refund the fee. Alleging the aforesaid act as deficiency in service and unfair trade practice on the part of OPs, the complainant has filed the instant complaint.
2. Despite due service through registered post, the Opposite Parties failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 26.10.2021.
3. The complainant led evidence in support of his case.
4. We have heard the complainant in person along with the written submissions.
5. The entire evidence placed on record by the complainant supports the pleadings set out in the present complaint. The complainant has also placed on record the photocopies of relevant documents Annexure-1 Brochure, Annexure-2 showing statement of account vide which amount was transferred to the Ops, Annexure-3 is schedule of course Annexure -4 to 11 pertains to the mails sent by the complainant to the OPs.
6. The perusal of the record reveals that the complainant for availing the services of the OPs for online Crash Course for JEE Main 2021 paid fee of Rs.8000/- vide electronic mode as is evident from Annexure-2.
7. Record further reveals that despite repeated requests made vide number of mails (Annexure 6 to 8, 10 and 11) addressed to OPs, they failed to consider the claim of the complainant for the genuine refund. Also the Ops did not bother even to respond/reply the mails sent by the complainant nor they made any refund of the amount paid for the course, which the complainant never joined. Record is evident of the fact that promptly the Ops were approached for the refund when the course opted for was found unsuitable to the complainant. It is evident from the documentary evidence placed on record by the complainant that the son of the complainant has not attended the course, even for a single day.
8. The complainant has duly proved the case by way of corroborative evidence and also filed duly sworn affidavit in support of the allegations set-out in the complaint, which goes unrebutted and unopposed in the absence of the OPs.
9 It has been observed that OPs did not come forward to contradict the allegations set out in the present complaint despite being duly served, which raises a reasonable presumption that there is nothing to contradict by the OPs and also they admit the claim of the complainant. Thus the complaint of the complainant deserves to be allowed and the OPs are liable to refund the whole amount paid by the complainant.
10. From the discussion above, the deficiency in service on the part of the OPs is writ large. They are liable not only to refund the disputed amount but also liable to compensate the complainant for deficiency in service and for thrusting the avoidable litigation on the complainant.
11. In view of the above discussion, the present consumer complaint deserves to succeed and the same is allowed. The OPs are directed as under :-
(i) To refund fee amount of Rs.8000/- to the complainant.
(ii) To pay to the complainant Rs.5000/- as compensation for mental agony and harassment.
(iii) To pay to the complainant Rs.1,100/- as costs of litigation.
- This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of additional amount of Rs. 5000/- to the complainant.
- Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.
Announced | | [PRITI MALHOTRA] | (B.M. SHARMA) |
13.6.2022. | | PRESIDING MEMBER | MEMBER |
