A Kerala consumer forum recently held edtech company Byju’s liable for deficiency in service and unfair trade practice after it allegedly continued to recover loan installments despite the consumer seeking cancellation of its learning programme. The firm was directed to refund the amount of Rs 20,333 and pay Rs 10,000 as compensation to the man.President Krishnan K and member Beena K G of the Kasaragod District Consumer Disputes Redressal Commission were hearing a complaint filed by a 52-year-old man, Sabu Thomas, who bought a Byju’s learning programme for his son in 2019 but found it to be complex and the company allegedly failed to provide the promised educational support, prompting him to seek a refund.“Ext A3 (bank statement) indicates deductions from the bank account of the complainant. These documents by themselves establish deficiency in service and unfair trade practice on the part of the opposite party (Byju’s the Learning App), when the complainant opted out of the scheme. Thus, the complainant is entitled to a refund of Rs 12833 with compensation,” the July 15 order read.A complex learning programmeThomas claimed that the sales representative of the company visited his house and impressed his son to buy the firm’s learning programme, claiming that it would benefit him. The total price of the said programme, along with an iPad, was Rs 62,500, of which Rs 7,500 was to be paid immediately, with the balance payable within 15 days of free usage of the said application.Thomas alleged that he paid Rs 7,500 to the sales representative and collected the iPad on January 1, 2019. He claimed that the company intended to cheat them and that it had cheated many consumers by threatening them and even forging signatures. He further claimed that the company obtained money illegally.Also Read | Booking app to pay Rs 21,000 for not refunding cancelled flight ticketThomas said the learning application was too complex for his son to use and no proper educational support was provided as promised, but despite his requests, the company continued to recover installments from his bank account. Hence, he moved the consumer forum seeking to return the initial payment, the Rs 12,083 he had subsequently paid and the amount allegedly illegally deducted from his bank account, along with interest. He was represented by advocate Suresh Babu V.‘Complaint allowed in part’The commission held that the burden is on Thomas to establish a deficiency in service or unfair trade practice on the part of the company. “Mere allegations are insufficient unless supported by satisfactory evidence”, it added. The allegation that the software was “complicated” for the student cannot by itself constitute deficiency in service, the panel stated.Story continues below this adAllowing the complaint in part, the commission directed Byju’s to refund the initial amount of Rs 7,500, along with Rs 12,833 with interest at 9 per cent per annum from the date of filing of the complaint till payment, towards the amount collected through the complainant’s bank account. It also directed the company to pay Rs 5,000 as compensation for deficiency in service and unfair trade practice along with Rs 5,000 as cost of litigation to the complainant within 30 days.Byju’s denies allegationsThe firm, represented by advocate Mathew Thomas, submitted that it is a limited company providing educational support through online and offline modes. It denied the allegations and claimed that after registration, materials were dispatched to the student, which is still in his possession and usage.Also Read | ‘No proof of negligence’: Widow gets Rs 11 lakh after LPG cylinder blast kills husbandIt was added that no cancellation request was received during the trial period of the product, and the complainant made a cancellation request on February 18, 2019, allegedly because the student was moving to an institution following the state syllabus. The company claimed that it had agreed to offer the Kerala State syllabus to the complainant and denied the allegations of forgery, stating that the loan was obtained with OTP verification. It was further added that the sales representative in question had already left the company.TakeawayThe ruling highlights that edtech platforms should deliver their services as promised and adhere to the terms and conditions governing the cancellation of programmes, failing which they can be held liable for deficiency in service and unfair trade practices.Story continues below this adFor consumer-related grievances, individuals may contact the consumer helpline in their respective states and Union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.