Chandigarh District Commission Holds Byju's Liable For Failure To Provide Refund Despite Providing Acknowledgement

The District Consumer Disputes Redressal Commission-I, U.T. Chandigarh bench, consisting of Shri Pawanjit Singh (President), Mrs. Surjeet Kaur (Member), and Shri Suresh Kumar Sardana (Member), held Byju's liable for failing to deliver the promised amenities in a course and subsequently, failing to refund the amount despite acknowledging it. Brief Facts: The Complainant, having two sons enrolled in an ICSE-affiliated school, was persuaded by BYJU's Tuition Centre (“Byju's”) on November 12, 2022, to purchase their online learning course. The Complainant opted for the program, taking a loan of Rs. 1,00,000/-. However, he, along with his sons, found the online learning program ineffective, lacking direct teacher-student interaction. Subsequently, an authorized agent of Byju's contacted the Complainant, offering him a premium add-on course under a scholarship program. This course was purportedly physical and aligned with the ICSE curriculum, unlike the previous online course. The agent assured the Complainant and collected Rs. 42,000/- for enrollment. Despite receiving a welcome message, the Complainant discovered that the course did not adhere to the ICSE curriculum as promised. Instead, it followed the CBSE curriculum, rendering it unsuitable for his children's ICSE schooling. Moreover, contrary to assurances, the course remained online, not physical. Feeling deceived, the Complainant requested a refund via email, followed by direct communication with Byju's. Byju's acknowledged its mistake and approved the refund, requesting the Complainant's account details. The Complainant promptly provided the details, but subsequently, Byju's ceased communication and failed to refund the approved amount. Feeling aggrieved, the Complainant filed a consumer complaint in the District Consumer Disputes Redressal Commission-I, U.T. Chandigarh (“District Commission”). Byju's failed to appear before the District Commission. Therefore, it was proceeded against ex-parte. Observations by the Commission: The District Commission noted that the Complainant's sons had been enrolled in BTC add-on premium courses by Byju's, for which the Complainant paid Rs. 42,000/-. However, upon realizing that the course was not aligned with the ICSE curriculum, as promised, the Complainant sought a refund. Although Byju's approved the refund and requested bank details from the Complainant, the amount was not refunded as of the hearing date. As per the District Commission, the act of not processing the refund, despite acknowledging it, Byju's engaged in deficiency in service and unfair trade practice. Further, the allegations remained unchallenged as Byju's failed to appear before the District Commission for the proceedings. Based on these findings, the District Commission partially allowed the consumer complaint. It directed Byju's to refund Rs. 42,000/- with 9% interest, pay Rs. 10,000/- as compensation for mental agony and harassment, and Rs. 10,000/- as litigation costs. Case Title: Vikas Bansal vs BYJU's Tuition Centre Case No.: CC/23/2024 Advocate for the Complainant: Sh. Bhawan Deep Jindal Advocate for the Respondent: NoneClick Here To Read/Download Order

Chandigarh District Commission Holds Byju's Liable For Failure To Provide Refund Despite Providing Acknowledgement

Smita Singh

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