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Karnataka Consumer Forum Orders Byju's To Refund Fees To Student Over Failure To Provide 'Proper Learning App'
Mustafa Plumber
11 July 2022 5:42 AM GMT
A district consumer forum in an ex-parte order issued on May 10, directed Think & Learn Pvt. Ltd, which provides Byjus's learning app, to refund fees of a student who alleged that the ed-tech company did not provide him with a proper learning app and offered a tab which was cheaper in value than the one initially promised."The above said act of OP in not providing proper app not...
A district consumer forum in an ex-parte order issued on May 10, directed Think & Learn Pvt. Ltd, which provides Byjus's learning app, to refund fees of a student who alleged that the ed-tech company did not provide him with a proper learning app and offered a tab which was cheaper in value than the one initially promised.
"The above said act of OP in not providing proper app not providing the tab as assured amounts to deficiency," the Commission said.
It thus directed the company to refund Rs 99,000 paid to it by the complainant, Madhusudhana B.
The complainant had approached the Additional District Consumer Disputes Redressal Forum alleging that authorised person of the company approached him to purchase the BYJUS's learning app. He claimed that it was assured that the payment will be converted into EMI. It was also assured that he will be provided with two Samsung tabs worth Rs.25,000 each.
However, it was alleged that the company provided Lenovo M8 and M10, worth Rs.10,000 each. Thus, the complainant wanted to cancel the course and demanded a refund of the complete amount paid to the credit card directly. He claimed to be not satisfied with the learning on the BYJUS learning app.
It was also claimed by the complainant that he has suffered a lot of mental agony and harassment due to the deficient service and behaviour of the Opposite Party.
A bench headed by President H.R.Srinivas in its order said, "Complainant's purchased the Byjus's learning app through the representative of OP who ensured that in case the student is not fully satisfied with the working or learning app, in that event of fault the entire amount shall be returned without any deduction."
Significantly, the company was not represented before the Commission despite proper service. Thus, the averments made by the complainant went un-rebutted. In view of the aforesaid, the Commission was of the considered opinion that the complainant has been able to prove deficiency on the part of the company.
It opined, "For the best known reasons to the OP, OP did not refund the money which forced the complainants to file this complaint and also put the complainants under mental agony, harassment and hardship."
Accordingly it directed the company to refund the entire fees along with interest at 12% per annum from the date of receipt of the said amount till payment of the entire amount.
Further, the Commission awarded a sum of Rs.25,000 towards damages and Rs.5,000/- towards litigation expenses. Upon receipt of the sum as ordered, the complainant shall be required to return the Tabs so received.
Case Title: Madhusudhana B v. Think and Learn Pvt Ltd
Case No: Complaint Case No. CC/423/2021
Date of Order: 10 May 2022
Click Here To Read/Download Order
