written by Sandeep Singh
In The case that sheds light on consumer rights and unfair trade practices is the complaint filed under Section 35 of the Consumer Protection Act 2019. In this case, the complainant expressed dissatisfaction with an online/offline education kit provided by the opposition party (OP).
The Initial Transaction
The story begins with the complainant’s aspiration for quality education. Eager to enhance their knowledge and skills, the complainant decided to invest in an education kit offered by the opposition party. The complainant made an initial payment of Rs. 5,000 in cash, with the understanding that the remaining Rs. 60,000 would be paid in installments through a loan arranged by the OP’s authorized agent.
Promises Made and Broken
The complainant’s decision to purchase the education kit was influenced by a promise made by the OP’s agent. They were assured that if they found the learning app unsatisfactory within 15 days of delivery, the entire amount would be refunded. Armed with this guarantee, the complainant eagerly awaited the delivery of the kit.
However, after receiving the kit and delving into its contents, the complainant found themselves disappointed. It became evident that the promised educational benefits were not up to their expectations. Consequently, they promptly sent emails requesting the cancellation of their registration within the stipulated 15-day period.
An Unexpected Demand
To their surprise, the OP’s representative responded with a demand for Rs. 9,498 through UPI for the cancellation. While reluctant, the complainant went ahead and paid the amount, hoping to resolve the matter swiftly. Unfortunately, the ordeal did not end there.
Despite the cancellation and payment, the complainant noticed that EMI deductions continued from their bank account. This left them frustrated and bewildered, prompting them to take further action.
Filing the Complaint
In response to these ongoing issues, the complainant took the matter to the Consumer Protection Commission. They sought redress in the form of a refund for the initial Rs. 5,000 paid, the total amount deducted as EMIs, and the Rs. 9,498 paid for cancellation. Additionally, they requested Rs. 2,00,000 as compensation for the harassment and mental agony they had endured throughout this ordeal. The complainant also requested a directive to stop further EMI deductions.
Commission’s Verdict
Upon careful examination of the case, the Consumer Protection Commission made several key observations. The OP did not deny the complainant’s claims regarding the 15-day trial period and their intention to refund the money. Furthermore, the OP did not object to the complainant retaining the tablet and course materials.
The Commission concluded that the OP had been indifferent and had misled the complainant, indicating unfair trade practices and malicious intent. In light of these findings, the Commission issued a verdict.
The Commission’s Order
The Commission directed the OP, specifically OP 2, to refund the entire amount of Rs. 65,000 for the learning app and the Rs. 9,498 for cancellation. However, this refund was contingent upon the complainant providing their bank account details. Additionally, the OP was ordered to pay an additional Rs. 5,000 to the complainant as compensation for harassment and mental agony.
Frequently Asked Questions
- What is the Consumer Protection Act 2019?
- The Consumer Protection Act 2019 is a legal framework designed to protect the rights and interests of consumers in India. It aims to provide consumers with avenues for redress in case of disputes with businesses.
- How can consumers safeguard their rights?
- Consumers can safeguard their rights by being informed about the products and services they purchase, understanding the terms and conditions, and seeking legal recourse if they believe their rights have been violated.
- What should businesses learn from this case?
- Businesses should learn the importance of transparency, honesty, and fulfilling promises made to consumers. Unfair trade practices can have legal consequences.
- Can consumers take legal action against unfair trade practices?
- Yes, consumers can take legal action against unfair trade practices under the Consumer Protection Act 2019. They can file complaints with the appropriate authorities for redress.
- How can businesses avoid legal disputes with consumers?
- To avoid legal disputes, businesses should ensure clear and transparent communication with consumers, deliver on promises, and adhere to all relevant laws and regulations.
