DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Tuesday the 29^th day of October 2024

CC.510/2024

Complainant

Vineetha. M.T,

Chettiyam Veetil,

Mangad, Unnikulam – 673574

(By Adv. Sri. K. Shyju)

Opposite Party

Byju’s Learning,

Rep. by CEO,

                        2^nd Floor, Tower D, IBC Knowledge Park,

4/1, Bannerghatta Main Road, Bengaluru,

Karnataka - 560029

ORDER

By Sri.V.BALAKRISHNAN  - MEMBER

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

The complainant registered with the opposite party for the online preparation module of education for her son who is studying in 7^th standard. She was instructed by the opposite party to pay Rs.10,500/- for getting study materials. Accordingly Rs.10,500/- was transferred through G-pay on 24^th January 2024. Thereafter there was no response from the side of the opposite party. Hence the complainant has approached this Commission to pass an order for refund.

3. Notice was duly served on the opposite party. But the opposite party failed to appear and hence set ex-parte.
4. The points that arise for determination in this complaint are;

1. Whether there was any unfair trade and business practice or deficiency of service on the part of the opposite party, as alleged?

2) Reliefs and costs.

5. The complainant was examined as PW1 and Exts A1 and A2 were marked.
6. Heard.
7. Point No 1: In the affidavit filed, the complainant has elaborated the case. Her son Kousik Krishna was using Byjus Learning App for online learning from 2^nd  standard to 6^th standard. When promoted to 7^th standard the complainant was informed by the representative of the opposite party that the renewal of the learning App is necessary. It was also informed that new tab would be issued along with the learning App and for that Rs. 10,500/- had to be paid to their account. Accordingly, the amount was paid by her. Ext A1 is the receipt issued by the opposite party and Ext A2 is the screen shot of G-pay payment made by the complainant to the opposite party on 24^th January 2024. Thereafter, even though the representatives of the opposite party was contacted many time there was no favourable reply. Neither the on line class was given nor new tab was supplied.
8. Evidence of PW1 stands unchallenged. The opposite party did not turn up to give their version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. The complainant’s case stands proved through the testimony of PW1 and Exts A1 and A2. Unfair trade practice and deficiency of service on the part of the opposite party stands proved.
9. The opposite party is bound to pay back the amount of Rs. 10,500/- to the complainant, the amount which was paid as per Exts A1 and A2. For the deficiency of service and unfair trade practice on the part of the opposite party, the complainant is eligible to get compensation of Rs. 10,000/- along with Rs. 2,500/- as cost of the proceedings.         
10. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

a)  CC.510/2024 is allowed.

b) The opposite party is hereby directed to refund Rs. 10,500/- (Rupees ten thousand five hundred only) to the complainant.

c) The opposite party is directed to pay Rs. 10,000/- (Rupees ten thousand only) to the complainant as compensation.

d) The opposite party is directed to pay a sum of Rs. 2,500/- (Rupees two thousand five hundred only) to the complainant as cost of the proceedings.

e) The order shall be complied with, within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 10,500/- shall carry an interest of 9% per annum from the date of this order till actual payment. 

Pronounced in open Commission on this, the 29^th  day of October, 2024.

Date of Filing: 16/08/2024           

                                         Sd/-                                                     Sd/-                                                 Sd/-

                                 PRESIDENT                                        MEMBER                                       MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 - Receipt issued by the opposite party.

Ext A2 - Screen shot of G-pay payment made by the complainant to the opposite party on 24^th January 2024.

Exhibits for the Opposite Party

NIL

Witnesses for the Complainant

PW1  -  Vineetha. M.T (Complainant).

                                        Sd/-                                                     Sd/-                                                 Sd/-

                                 PRESIDENT                                        MEMBER                                       MEMBER

True Copy,  

                                                                                                                                                    Sd/-

                                                   Assistant Registrar.