Bengaluru Rural and Urban 1st Additional District Consumer Disputes Redressal Forum: While deciding the instant complaint raising the issue of deficient service provided by the BYJU's learning app, the coram comprising of H.R. Srinivas (President), Y.S. Thammanna and Sharavathi S.M (Members), upon perusal of the facts revealing such deficiency in rendering service and the consequent mental agony and harassment to the complainants; directed Think and Learn Pvt. Ltd. (provider of BYJU's learning app) to refund the amount spent to purchase the app (Rs 99,000) along with interest at 12% per annum from the date of receipt of the amount. The opposite party was also directed to pay a sum of Rs.25,000 as damages, and Rs 5,000 towards litigation expenses.
Facts of the case: The complainants had purchased a BYJU's learning package for Rs 99,000 from its representatives. During payment via credit card, the opposite party (hereinafter OP) had informed that payment will be converted into EMI. The complainants received a payment link from the OP and paid Rs 99,000 on 25-07-2021. However, after the payment, the amount was not converted into EMI. Additionally, the OP had assured that they will provide two Samsung tabs worth Rs.25,000 each for the course but instead, they provided Lenovo M8 and M10 tabs, worth Rs.10,000 each.
The complainants were also dissatisfied with the quality of learning provided by the app and tried to cancel the subscription by sending an email. The OP responded that their issue would be resolved within 24 hours. However, even after several months, the issue remained unresolved, thus, the complainant filed a complaint under Section 35 of the Consumer Protection Act, 2019 for deficiency of service and sought refund along with compensation for the same.
Issues: Whether the complainants have proved deficiency in service on the part of the opposite party and whether there is any entitlement to the relief prayed for in the complaint?
Analysis and Decision:
Upon analysing the facts and evidence, the Court observed that the representatives of OP had ensured the complainants that in case the student is not fully satisfied with the working of the learning app or in the event of an issue, the entire amount will be returned without any deduction, but despite multiple requests, the OP had failed to cancel the subscription and refund. Additionally, the OP had provided different tabs than what they had assured to provide. Thus, the above-stated acts amount to deficiency on part of the OP in rendering service to the complainants.
The Court also observed that despite service of notice, the OP neither appeared before the commission nor filed any reply, so, the claims made by the complainant have gone un-rebutted and un-challenged. Given the absence of legal representation from the opposite party, the Commission passed the instant Order ex-parte.
[Madhusudhana B v. Think and Learn Pvt Ltd., Complaint Case No. CC/423/2021, decided on 10-05-2022]
Advocates who appeared in this case :
Complainants-In-person
Opposite party- Ex-parte
