West Bengal

Bankura

CC/53/2024

Snehasish Singh - Complainant(s)

Versus

Upgrade Education Pvt.Ltd. - Opp.Party(s)

Samriddha Dev

12 Nov 2024

ORDER

IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA

  Consumer Complaint No.53/2024

       Date of Filing:  05/07/2024

Before:                                        

1. Samiran Dutta                                      Ld. President      

2. Siddhartha Sankar Bhui                     Ld. Member

3. Kabita Acharjee (Goswami)               Ld. Member

 

For the Complainant:Ld. Advocate Chandi Charan Adhvaryyu

For the O.P.: Ld. Advocate Subrata Chakraborty

 

Complainant:

1. Snehasish Singh
2. Kartick Singh,

Both residents of Barbakra,Bankura,Chhatna,P.S-Chhatna,West Bengal-722132,Mob-8446887205   

Opposite Party:

Upgrade Education Pvt.Ltd.,Nishuvi,Ground Floor,75,Dr.Annie Besant Road,Worli Mumbai-400018

 

FINAL ORDER / JUDGEMENT          

  

Order No.07

Dated:12-11-2024

Both parties file hazira through Advocate.                               

The case is fixed for argument.

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

The Complainant’s case is that Complainant No.1 being the son of Complainant No.2 took admission in Data Science Course conducted by O.P./Institution on taking loan for 24 months @ EMI of Rs.2,733/- from a third party Financer but owing to financial crisis the Complainant was unable to continue the course for which he requested the O.P. to cancel his EMI plan but till date he has been forced to pay the loan even without taking the classes. The Complainant has therefore approached this Commission for refund of EMI amount with compensation and litigation cost.

O.P. / Insurance Co. contested the case by filing a written version contending inter alia that the Complainant took admission on 28/05/2023 to Data Science Course on payment of processing fee of Rs.5,000/- and taking credit facility from the third party Financer but after about five months on 16/10/2023 he sent cancellation request of EMI and Course via email and as such the Complainant is not entitled to get any refunf of EMI under the refund policy. Moreover the Complainant refused to accept the offer of further enrollment to the course.

                                                                                                                                                                                   Contd…..p/2

Page: 2

-: Decision with reasons:-

Having regard to the facts of the case, contention, submission, and documents on both sides the Commission finds that the Complainant No.1 deposited Rs.5,000/- as processing fee with O.P./Institution and took credit facility from third party Financer and after long five months cancellation request for stopping the EMI and the Course was sent to O.P. which is beyond the refund policy condition. O.P./Institution has no liability with regard to the credit amount sanctioned by the third party Financer and the processing fee is not refundable as per the Course condition. Though the Complainant No.2 has filed the case but he has not signed the written complaint along with Complainant No.1. Be that as it may the Complainant is not entitled to get any relief from the O.P./Institution.

                                                                                                        Hence it is ordered…….

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

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

 

    __________________                                    ________________                                ________________

 HON’BLE   PRESIDENT                           HON’BLE    MEMBER                        HON’BLE    MEMBER