..…Complainant
Versus
M/s. Think & Learn Private Limited BYJU’s - 2nd Floor Tower D, IBC Knowledge Park, 4/1, Bannerghatta Main Road, Bangaluru, Karnataka, India. …..Opposite party
Complaint filed Under Section 35 of the Consumer Protection Act, 2019.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
MS. MONIKA BHAGAT, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Vijay Kumar Seth with Sh. Gaurav Sharma, Advocate.
For OP : Exparte.
ORDER
PER MONIKA BHAGAT, MEMBER
1. Briefly stated, the facts of the case are that the complainant is working in MOD (Finance) Defence Accounts Department and posted at Air Force Station Halwara, Raikot, Ludhiana. He brought a product/programme from the OP for his son Vishal and paid Rs.1,39,000/- to the OP through his bankers namely Standard Chartered Bank but later on he canceled the said programme vide Email dated 04.06.2022 which was duly received by the OP. Further an Email dated 07.06.2022 was again sent to OP for cancellation of programme/product. The complainant stated that as per the programme guidelines/instructions para 17 is student/parents may apply for refund within a period of 15 days after the delivery of the product. Further para No.18 suggests that for this, an Email in writing is sufficient. According to the complainant he informed the OP well within time that he is not interested in the product/programme. The complainant sent various Emails, which were acknowledged by the OP regarding request to cancellation of programme and assured to credit the amount in his account soon. Later on, the OP through Sh. Nitin Khushwaha, Advocate sent a resolution/mutual understanding agreement dated 24.08.2022 vide which the OP agreed to pay Rs.1,32,100/- and Rs.5000/- to the complainant. The complainant was asked to provide his bank detail along with cancelled cheque which was duly received by the OP. However, despite several requests of the complainant, the amount was not refunded by the OP as agreed in agreement/mutual understanding agreement dated 24.08.2022. The complainant sent a legal notice dated 03.01.2023 to the OP but to no effect. The complainant claimed to have suffered harassment, loss of work due to unfair trade practice and deficiency in service on the part of the OP. In the end, the complainant has prayed for issuing direction to the OP top refund the amount of Rs.1,37,500/- along with Rs.1377/- as courier charges as well as to pay compensation of Rs.3,00,000/- besides litigation expenses of Rs.22,000/-.
2. Upon notice, the OP appeared and filed written statement and under the column of preliminary submissions stated that it is a company registered under the relevant provisions of the Companies Act, 1956 and is engaged in the business of providing supplementary educational services through online and offline modes to its customers across the country. The OP offers a 15-day trial period as per Clause 9 of the Order Summary to its customers to understand and analyze the product and services and make informed choice to either accept the services or reject the services. In case a customer’s raises a request for cancellation of the product subscription, the OP refunds subscription fee received from such customer and cancels the subscription. The OP further stated that in the instant case, the complainant was aware of the 15 days policy and has not placed request for cancellation within stipulated time and only with intention to harass and to get away with the terms of the payment has filed the present complaint. Further the dispute arising out of services ought to have been referred to the arbitration as per clause 12 of the order summary dated 07.03.2022.
In the column Facts of the Case, the OP stated that it has admitted regarding receipt of Rs.1,39,000/- on 10.05.2022 from the complainant for subscription to the course and out of the said amount, Rs.6950/- cash back/discount was provided to the complainant. Later on, on 04.06.2022, the complainant sought cancellation by citing reasons of network issues and the said cancellation request was beyond the cancellation period so the request was not considered. The OP stated that the extended trial period was provided to the consumer till July and the complainant after having utilized the produced and not willing to take the services, placed request for cancellation on 23.07.2022 and refund was approved for the complainant. On 03.08.2022, the complainant issued letter seeking refund from the OP upon which the OP through counsel Sh. Nitin Kushwaha, Advocate sent a mail dated 24.08.2023 to the complainant for refund of the fee and assured that in bonafide cases the refund is processed. The OP further stated that once the mail for processing the refund sent out to the OP it was found that the complainant had sent false and baseless request for refund as the amount claimed has been chargeback with the bank of the complainant. The OP further stated that whereas once the mail was sent for the processing of the refund, it was found out that the amount has been charged back in the account of the complainant’s bank and the same was explained to him on various occasions. Even the same was informed to the complainant through mail on 09.09.2023 and thereafter, again on various dates and occasions such as on 01.11.2022, 10.12.2022 and 16.12.2022 details were sought from the consumer but the same was not provided. The OP also sent mail informing the complainant that the amount has not been received and the issue shall rest its banker but despite that the complainant sent legal notice which was duly replied by the OP.
On merits, the OP reiterated the crux of averments made in preliminary submissions. The OP has denied that there is any deficiency of service and has also prayed for dismissal of the complaint.
3. In evidence, the complainant tendered his affidavit as Ex. CA and reiterated his averments of the complaint. The complainant also placed on record documents i.e. Ex. C1 is the copy of legal notice dated 03.01.2023, Ex. C2 is the postal receipt, Ex. C3 is the copy of ID Card of the complainant issued by Indian Armed Forces Civilian, Ex. C4 is the copy of Aadhar Card of the complainant, Ex. C5 is the copy of allotment letter of accommodation at Air Force Station, Halwara, Ex. C6 is the copy of receipt of Rs.1,34,000/-, Ex C7 is the copy of order summary issued by the OP, Ex. C8 to Ex. C24, Ex. C26, EX. C27 and Ex. C29 are the copies of Emails, Ex. C25 is the copy of text message of the OP, Ex. C28 is the copy of courier receipt and closed the evidence.
4. The OP has failed to adduce any evidence despite grant of sufficient opportunities. Even none turned up on behalf of the OP and as such, OP was proceeded against exparte vide order of today.
5. None turned up on behalf of the OP. We have heard the counsel for the complainant and also gone through the complaint, affidavit and documents annexed by the complainant and written statement filed by the OP. We proceed to decide the case on merits.
6. In the affidavit Ex. CA, the complainant has reiterated the entire case as set forth in the complaint. The complainant has further proved on record the receipt Ex. C6 vide which an amount of Rs.1,34,000/- was deposited by the complainant on 18.05.2022 as Byjus Product Payment Created from Kart having success payment status. Exparte evidence of the complainant has gone unrebutted on the file. From the allegations made in the complaint and the evidence led in support thereof, it has been established that the OP received a sum of Rs.1,34,000/- from the complainant for product of the OP as detailed in Order Summary Ex. C7. However, due to network problem in the area where the complainant was residing, the complainant opted to discontinue with the course and as such, he intimated for cancellation of the product of BYJUS Class 10 and Akash BYJUS 11-12 course and refund vide Email dated 04.06.2022 Ex. C8 and Email dated 07.06.2022 Ex. C9. The complainant had acted as per the terms of the policy of the OP. It is pertinent to mention here that in order to enhance the learning skill of his minor son Vishal, the complainant had to advance a loan by availing credit card facility of Manhattan Bank to meet with the course fee and had to pay interest on the same amount. However, till date the OP has not refunded the deposited amount in the account of the complainant. During this process, not only the complainant but his minor son Vishal who was pursuing the carrier oriented course also suffered mental agony and harassment. As such, there is deficiency in service and unfair trade practice on the part of the OP. As a result, the OP is liable to refund the amount of Rs.1,34,000/- to the complainant along with interest @8% per annum from the date of filing of the complaint till actual payment along with composite compensation of Rs.10,000/-.
6. As a result of above discussion, the complaint is partly allowed exparte with an order that the OP shall be liable to pay the amount of Rs.1,34,000/- to the complainant along with interest @8% per annum from the date of filing of the complaint till actual payment. The OP shall further pay a composite compensation of Rs.10,000/- (Rupees Ten Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
7. Due to huge pendency of cases, the complaint could not be decided within statutory period.
(Monika Bhagat) (Sanjeev Batra) Member President
Announced in Open Commission.
Dated:19.12.2024.
Gobind Ram.
