West Bengal

Bankura

CC/106/2023

Barik Jul Khan - Complainant(s)

Versus

The Competent Authority,BYJUS The Learning App,Think &Learn Pvt.Ltd - Opp.Party(s)

Sandip Chakraborty

25 Jul 2024

ORDER

    IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.106/2023

     Date of Filing:  28/11/2023

Before:                                        

1. Samiran Dutta                                     Ld. President      

2. Siddhartha Sankar Bhui                     Ld. Member

For the Complainant: Ld. Advocate Sandip Chakraborty

For the O.P.1 & 2: Ld. Advocate Rupa Rani Mallick / Ld. Advocate Sayontan Chowdhury

For the O.P. No.3: Authorized Signatory Mr. Anirban Ghosh

For the O.P. No.4: Ld. Advocate Mita Mandal

Complainant:

Barik Jul Khan,S/O-Majaffar Khan,R/O-Vill-Angaria,P.O-Baital,P.S-Joypur,Dist-Bankura,Pin-722138,Mob-9732263766

Opposite Party:

1. The  Competent Authority,BYJU’S The  Learning App,Think &Learn Pvt.Ltd 2^nd Floor,4/1,Tower D,IBC Knowledge Park,Bannerghatta Main Road,Bangalore,Karnataka-560029
2. Regional Manager –BYJU’S( Think &Learn Pvt.Ltd.)12^th Floor,P.S-SrijanTech Park,DN Block,Sector-V,Bidhannagar,Kolkata-700091
3. Mr. Anirban Ghosh,Sales Head,Think &LearnPvt.Ltd,BYJU’S,Salt Lake,Sector-V,Kolkata,W.B-700091
4. Zonal Manager,India Infoline Finance Limited,1,Shakespear Sarani,Theater Road,AC Market 8^th Floor,Kolkata-700071                                                                      

FINAL ORDER/JUDGEMENT

Order No.11

Dated: 25/07/2024

The Complainant files hazira through Advocate.

No step is taken by the O.P.s

The case is taken up for argument. W.V. is filed by O.P. No.1 to O.P. No.3 jointly and O.P. No.4 separately.

After hearing argument from both sides the Commission proceeds to dispose of the case as hereunder: -

The Complainant’s case is that his son Md. Riaz Khan took admission to online coaching class in Grade-VIII to X on certain terms and condition with O.P./Coaching Centre on 02/07/2022 on down payment of Rs.5,000/- and taking loan of rest amount of Rs.1,35,000/- from O.P. No.4/Financer Co. and got delivery of the course product on 09/07/2022. The candidate did not find any interest in the course and accordingly on 17/07/2022 an e-mail message was sent to the O.P./Coaching Centre conveying cancellation request and the email reply message was received next day on 18/07/2022 from the said Coaching Centre taking note of cancellation request. Thereafter repeated similar cancellation requests were sent to the O.P./Coaching Centre for refund of the course fee but of no effect. The Complainant has therefore approached this Commission for appropriate relief.                        

                                                                                                                                                                                        Contd……p/2

Page: 2

O.P. No.1 to 3/Coaching Centre filed a written version to contest the case praying for dismissal of the case on the ground that the Complainant is not entitled to get refund of the Course Fee as cancellation request has been received on 10/08/2022 in breach of Clause-9 of the terms and condition which provides that cancellation request has to be made within 15 days of the delivery of the course product. Their further contention is that the Commission has no jurisdiction to decide the case as the O.P. being the Educational Institution the Complainant cannot be treated as consumer and moreover Arbitration Clause creates a bar for this Commission for disposal of the case.

O.P. No.4/Financer Co. has in their written version claimed unpaid loan amount for which Demand Notice has been sent to the Complainant.

-: Decision with reasons:-

Having regard to the facts of the case, contention, submission and documents on both sides  the Commission finds that  admittedly the incumbent has discontinued with the course by intimating cancellation request to the O.P./Coaching Centre authority via e-mail message on 17/07/2022 with further request for refund of course fee. Though the O.P./Coaching Centre has received the e-mail message and responded to the same by giving assurance of taking proper action in the matter but no refund has yet been made. Successive e-mail correspondences are on record in the matter of refund of the course fee but the O.P./Coaching Centre has turned a deaf ear to the same.

It is no doubt true that the Complainant has paid only Rs.1,40,000/- (Down Payment Rs.5,000/- plus Loan Amount Rs.1,35,000/-) to O.P./Coaching Centre authority. O.P. No.4 has already disbursed the loan amount to the O.P./Coaching Centre authority and towards repayment of the loan amount Rs.11,261/- has been deducted on 06/11/2022 from the loan account of the Complainant and lastly Rs.56,301/- has been deducted on 08/02/2024 and O.P. No.4 has sent demand notice by letter dated: 26/02/2024 for repayment of balance loan amount. The Commission has nothing to say with the loan transaction between the Complainant and O.P. No.4.

But as discussed above the Complainant sent cancellation request through e-mail on 17/07/2022 within 15 days of getting delivery of the course product on 09/07/2022 and in terms of Clause-9 of the terms and condition of the course a student/parent may apply for a refund within a period of 15 days from the delivery of the product through an e-mail to th day onwards the student/parent will not be eligible for a refund of the Admission course fee.

Though the Complainant has complied with the Clause-9 of the terms and condition to get refund of the course fee but the O.P./Coaching Centre even after acceptance of such cancellation request within the stipulated period has deliberately withheld the same as a result of which the Complainant could not make repayment of the loan amount to O.P. No.4.                                                                                                                                         

                                                                                                                                                                       Contd……..p/3                                                                                                                                                                                                                                                                                            

Page: 3

An unsubstantiated plea has been taken by O.P./Coaching Centre in Para-7 of the Written Version that the cancellation request has been received by them only on 10/08/2022 beyond the statutory period as per Clause-9 of the terms and condition. There is no contrary material on record to the effect that such cancellation request has not been sent and / or accepted by the O.P./Coaching Centre through e-mail within the stipulated  period.

O.P./Coaching Centre is not an educational institution conferring degrees or diplomas but they are online Coaching Centre only and as such they will come within the purview of the Consumer Protection Act. This proposition has been held by Hon’be NCDRC, New Delhi in C.C. No.261/2012, dated: 20/01/2020 (Manu Solanki Vs. Vinayaka Mission University where it has been held in Para-45 that conduction of coaching classes does not fall within the definition of education and coaching centres cannot be equated to regular schools and colleges conferring degrees/diplomas and therefore strictly speaking coaching centres does not fall within the definition of educational institution. So the instant case is maintainable against the O.P./Coaching Centre.

It is well settled that presence of Arbitration Clause is not a bar to this Commission to entertain the instant complaint for resolution of the dispute between the contracting parties. No material is forthcoming on record as to initiation of any arbitration proceeding and passing of any award in the matter.

Thus the Commission is fully satisfied with the case of the Complainant and pleased to fix the liability of O.P./Coaching Centre to pay to the Complainant contractual amount of Rs.1,40,000/- after deduction of admissible charges and fees. The Complainant  will proceed for repayment of the unpaid loan amount of O.P. No.4 after receipt of the decretal amount from O.P./Coaching Centre.

The O.P./Coaching Centre has further to bear compensation of Rs.50,000/- for withholding the payment of admissible refund money without any cogent ground.

Hence it is ordered…….

That the case be and the same is allowed on contest but without cost.

O.P.s/Coaching Centre is directed to pay to the Complainant contractual amount of Rs.1,40,000/- after deduction of admissible charges and fees as per terms and condition of the Admission Course with compensation of Rs.50,000/- to the Complainant within a month from this date in default law will take its own course.

O.P. No.4 may recover the outstanding loan amount if any from the Complainant only after receipt of the decretal amount from O.P./Coaching Centre.

Both parties be supplied copy of this Order free of cost.

      __________________                                  ________________        

 HON’BLE   PRESIDENT                           HON’BLE    MEMBER