LI Network
Published on: October 6, 2023 at 00:59 IST
The Consumer Disputes Redressal Commission in Hooghly has delivered a verdict in favor of Mr. Subhrajit Das, a consumer, in a case against BYJU’s, a prominent provider of both online and offline educational services.
The commission, led by President Debasish Bandyopadhyay and Member Debasis Bhattacharya, has found BYJU’s guilty of engaging in unfair trade practices and has issued orders for compensating Mr. Das.
The case, filed under Section 35 of the Consumer Protection Act 2019, revolves around Mr. Das’s dissatisfaction with a learning app provided by BYJU’s for his daughter.
According to Mr. Das, he initially agreed to purchase the learning app from an authorized BYJU’s agent, making an initial cash payment of Rs. 5,000. Additionally, he agreed to pay the remaining Rs. 60,000 through a private finance company, as arranged by the BYJU’s agent.
Crucially, the authorized agent assured Mr. Das that if he or his daughter were dissatisfied with the learning app, a full refund would be issued provided they notified BYJU’s within 15 days of delivery. However, when Mr. Das’s daughter expressed dissatisfaction with the app and requested a refund, the situation took an unexpected turn.
Mr. Das claimed to have sent cancellation emails to BYJU’s within the stipulated 15-day period, first on July 30, 2022, and then with a reminder on August 6, 2022. Allegedly, BYJU’s authorized representative requested Mr. Das to pay Rs. 9,498 via UPI for the cancellation, which he complied with on September 3, 2023. Despite this payment, EMI deductions from Mr. Das’s bank account continued, leading to repeated complaints from him.
In an ex-parte proceeding against BYJU’s, as they failed to appear before the Consumer Disputes Redressal Commission, the Commission noted, “the OP, in spite of giving specific assurances about a refund of the entire amount in case of dissatisfaction after the 15 days trial, deliberately tried to be indifferent towards the said refund and misled the Complainant in one way or the other.”
The Commission found BYJU’s guilty of engaging in unfair trade practices and displaying “unjustified” behavior by collecting Rs. 9,498 for the cancellation of registration. They further stated, “The entire developments indicate at unfair trade practice and mala fide intention of the OP.”
Consequently, the Commission has ordered BYJU’s to refund the entire amount of Rs. 65,000 for the learning app and the Rs. 9,498 collected for cancellation to Mr. Das upon the submission of bank account details. Additionally, BYJU’s has been directed to pay Mr. Das an extra Rs. 5,000 as compensation for the “harassment and mental agony” he endured during this ordeal.
Case Title: SUBHRAJIT DAS Vs BYJU’s
