Father wins Rs 25,000 after ed-tech firm fails to deliver books in Bengaluru; daughter cracks NEET

Bengaluru: Preparing for NEET — one of India’s toughest competitive exams — was challenging enough for Bhargavi, but it became even harder when an edtech giant allegedly collected Rs 1.2 lakh from her father for an all-online programme but failed to deliver the promised Class 12 textbooks, triggering a legal battle.The saga began when 53-year-old Varun Kumar, a resident of Lottegollahalli in north Bengaluru, was contacted on May 3, 2023, by a representative of an edtech firm who introduced him to the institute’s JEE and NEET coaching programmes. Convinced by the pitch, Kumar enrolled his daughter in a coaching programme designed to prepare students for the NEET and JEE entrance examinations.He paid Rs 15,000 in cash on May 6 and took a Bajaj Finance loan of Rs 1.1 lakh on May 8. As part of the package, Byju’s was obligated to provide textbooks for both Classes 11 and 12, a uniform and a bag for which Kumar submitted the registration form.The Class 11 books were eventually delivered, but the Class 12 textbooks, uniform and bag never arrived. When Kumar approached the institute, the representative assured him the books would be delivered to his home address. Instead, what arrived was a set of Class 11 books again which Kumar returned to the institute. Even after that, the firm made no effort to send the correct set of books.Another employee, Bharath, later assured Kumar over the phone that the Class 12 books would arrive in two to three days, but in vain. With exams nearing, Kumar repeatedly called and emailed the institute but received no response.A police officer later contacted Byju’s, after which an employee, Spoorthy, asked Kumar to visit the Bannerghatta Road branch. There, the staff denied supplying the books and refused to provide textbooks, uniform or bag. Kumar then sent a detailed complaint and legal notice, both ignored by Byju’s. Kumar filed a consumer complaint on April 15, 2024, for service deficiency.In its defence, Byju’s — registered as Think and Learn Private Ltd and known publicly as Byju’s The Learning App — appeared through counsel and filed a written version. It contended that it was not a necessary party to the case, that the course was activated and all necessary study materials and accessories were provided on activation, and that Kumar had not placed a request for cancellation as per its policy. It claimed to offer a free trial period and an explicit refund policy. It argued that it undertook due diligence to address the complainant’s grievances, that it acted in a bona fide manner throughout and had no mala fide intention to cause any damage. It alleged that the student had already utilised the course and described the complaint as frivolous, praying for its dismissal.Byju’s asserted that it offers a free trial period along with a clearly defined refund policy and claimed to have exercised due diligence in addressing the complainant’s grievances. The company maintained that it acted in good faith throughout the transaction and denied any mala fide intent to cause harm. It also alleged that the student had already availed herself of the course benefits and characterised the complaint as frivolous, urging the forum to dismiss it.After hearing both sides, the commission observed from call recordings that Byju’s repeatedly gave false assurances about providing Class 12 textbooks but failed to deliver them.It noted that Byju’s produced no evidence to prove the books were supplied and did not file an affidavit contesting the complaint. A memo submitted by Kumar stated that Bhargavi has since cleared NEET and JEE and is pursuing MBBS, succeeding despite the company’s failure.While the commission found no significant academic loss, it held that the harassment and distress suffered were undeniable. As the cost of the undelivered textbooks was not specified and Bhargavi had already completed her exams, the bench, comprising president Vijaykumar M Pawale and member V Anuradha, on May 22 awarded compensation of Rs 25,000 to Kumar.