D.O.F. 31-08-2018

                                                                                  D.O.O. 30-09-2019

IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR

Present:      Sri. Roy Paul                         :           President

                  Smt. Moly Kutty Mathew.      :            Member

Dated this the 30^th day of September, 2019

C.C.230/2018

K.M. Radhakrishnan,

Kizheakke Meppad House,

Azhuikode (PO),                                                  Complainant

Kannur .

Byjus Raveendran,

Manager, Director,

Byju’s (Think and Learn Pvt. Ltd.,),

6^th Floor, Tower D, IBC Knowledge Park,            Opposite party

Bannerghatta  Main Road,

Bangalore – 560029.    

O R D E R

Smt. Molly Kutty Mathew, Member

          The complainant has filed this complaint Under Section 12 of Consumer Protection Act, 1986 seeking direction against the opposite party to refund the purchase price of the Byjus’s App-on line on one Lenovo Tablet and 3, memory card, i.e. sum of  Rs.60,000 (Rupees Sixty  Thousand only) and to pay cost and compensation of  Rs.40,000 to the complainant.

          The case of the complainant to state in brief is as that the complainant’s daughter attracted the advertisement of Byju’s the learning App.  As per the request one staff from the opposite party’s office came to complainant’s house and introduced some lessons to his daughter.  Then the complainant purchased one Lenovo Tablet and 3 memory card from the opposite party on 02-06-18 for an amount of Rs.60,000 (Rupees Sixty thousand only).  As per the Ext.A1 document the terms and conditions are stated.  The complainant’s daughter is studying in 5^th standard and who purchased the tablet only for developing the thinking and learning capacity of his daughter.

          Before purchasing the tablet the staff of opposite party came to the house of the complainant and state that the amount will be paid only after 45 days to the use of the article.  Moreover the sales executive states that if the child is not interested to use the Byju’s App the opposite party will return back the article.  But after one week use the complainant’s daughter not interested and told to opposite party to refund the amount to the complainant.  But repeated demands of the complainant the opposite party not refund the amount to the complainant.  Alleging the above said act mounts to deficiency in service and unfair trade practice on the part of the opposite party, the complain ant has filed the instant complaint.

          After filing the complaint, notice was issued that notice was deemed as duly served on the opposite party.  The opposite party has not appeared before the Forum and not filed any version.  Ultimately the Forum had to hold that the opposite party have n o version as such in this case and this case came to be proceed against the opposite party as ex-parte.

Even Though, the opposite party has remained ex-parte, it is for the complainant to establish the allegation made by him against the opposite party.   Hence the complainant was called upon to produce evidence in the form of affidavit and documents.  Accordingly the complainant has chosen to produce his affidavit along with list of 2 documents marking the Ext.A1, A2 and MO1 (series) also produced.  So the opposite party is remain absent in this case.  At the end the Forum heard the case on merits.

Let us have a clear glance at the relevant documents of the complainant.  Ext.A1 is the original receipt paid by the complainant for the tablet and memory card for an amount of Rs.60,000 to the opposite party.  Ext.A2 is the screen shot to shows the call list to the Sales Executive e for several times.  It clearly shows that the complainant is contacted to the Sales Executive for refund the amount.   But no correct answer from the side of opposite party.  Inspite of the genuine request of the complainant, the opposite party failed to refund the amount to the complainant.  Moreover the complainant produce the MO1 (series) articles before  the Forum under this circumstances we are of the considered view that the opposite party is liable to refund the amount of  Rs.60,000 to the complainant along with  Rs.3,000 towards compensation  and cost to the litigation.  It will meet the ends of in justice.  Hence the complaint is allowed in part.  Accordingly we proceed to pass the following.

In the result, the complaint of the complainant is allowed in part.

i).  The opposite party is directed to refund  Rs.60,000 (Rupees Sixty Thousand only)i.e. the price of the tablet and memory card.  On payment of the above said amount to the complainant, the opposite party is at liberty to collect the MO1 article from the Fora.

ii). Top pay  Rs.3,000 (Rupees Three Thousand only) compensation cum cost of litigation. 

          This order to be complied by the opposite party within 30 days from the date of communication of this order, failing which the complainant shall be at liberty to execute the order as per the Provisions of the Consumer Protection Act, 1986.

                       Dated this the 30^th day of September, 2019.

           Sd/-                                              Sd/-

       President                                       Member   

       ROY PAUL                          MOLLY KUTTY MATHEW

APPENDIX

Exhibits for the Complainant

A1. Receipt issued by Byju’s The Learning App. dated 26-05-18.

A2. Copy of Screen Shot dated 14-06-18.

MO1. (Series) Lenovo Tablet & Memory Card.

Exhibits for the opposite party

Nil

Witness examined for the complainant

Nil

Witness examined for opposite party

Nil                                                    

                                                                            Forwarded by Order

                                                                            Senior Superintendent