| Address: BYJU’S, 2nd Floor, Tower D, IBC Knowledge Park, 4/1, Bannerghatta MainRoad, Bengaluru |
1 ) I am a premium Byjus student enrolled in JEE(11+12) since 2021(for JEE 2023) and am a student of Byjus since 2019. The enrollment is on number: [protected]
2 ) Due to an issue with my class 12 part of the program I first reached out to Byjus support on 26th March 2022. Today is the 22nd of April, and my issue, after hours of deliberation & numerous assurance of redressal (evidence of which I hold in form of emails and call recording admissible in a court of law under Article 65B of the Indian Evidence Act) my issue to date still stands completely unresolved severely affecting my preparations. Here are the facts of the case and course of events wherein it is established that my rights as a consumer are infringed :
3 ) On the 26th of March I sent my first email to BYJU’s support This email contains all the information about my request. ------- https://imgur.com/a/Z0hWMaQ
4 ) On receiving no response whatsoever within 24 hours, I sent a reminder to byjus on the 27th of march.
5 ) The reminder email was acknowledged by BYJUS after 18 hours with assigned request number 28555109.
6 ) 10 hours after the acknowledgment, I received a call from BYJU'S. After a brief talk, she assured me she'd call me back. I was hence telephoned the next day i.e: 29th of March, assuring me of redressal and fulfillment and my request and that it has been transferred to the appropriate authority for doing it.
7 ) After the second call, I received another acknowledgment assuring of redress within 24 hours.
8 ) I received no response whatsoever in 24 hours, and hence after 28 hours I sent another email as a reminder of the delay and the “deficiency in service”.
9 ) On 31st March(5 days since the first email for service) I sent a detailed course of events(Similar to the above 8 points) and demanded redressal: Detailed Reminder of 31st March. This was subsequently acknowledged by BYJUS the next day.
10 ) Even after assurance of contact within 24 hours, no such contact was established. On 5th April, I again received an automated email to inform me a “priority request has been raised”.
11 ) Still there was complete silence from the BYJUS side . So, I again sent a reminder on 7th of April which was subsequently acknowledged on 8th April .
12 ) Finally, on 8th of April I received a call from BYJUS . I explained him the legitimacy of my request and he said he will look into it and let me know . I have the call recording
13 ) Once again, dead silence from BYJUS side and once again, I had to take a step, I requested a call back through the mentor helpline number .
14 ) This time, I received a response from BYJUS on 12th April. She informed me (after 16 wasted days since the request was first made) that a fresh batch is NOT available and that no such batch will be available in the coming days as BYJUS has discontinued the ‘Byjus classes’ program and has shifted to Aakash teachers. Please note that this is in contradiction with BYJUS's promise in the brochure given during admission that a batch will start every week and the mentors will change the batch after more than 10 classes are missed. This clearly comes in the domain of “misleading advertisement” under section 2{28} of the CPA, 2019. Still, I ignored it and agreed on a non-fresh batch. This “most recent batch” had 2 chapters of chemistry and math finished and Physics was supposed to start on 19th April.
Call recording 1 of 12th April – https://sndup.net/g5d2/ -- I was explained that a fresh batch is not available but it's possible to assign me to the latest batch. She said she will call back after getting the details.
Call recording 2 of 12th April -- https://sndup.net/h6rb/ -- I was offered an Aakash batch which I subsequently rejected and was told to inform me about the chapter progress of the last ‘Byjus classes’ 12th batch available if not fresh.
Call recording 3 of 12th April -- https://sndup.net/rynd/ -- She gives me details of the latest batch assignable and gave a choice to choose between Byjus classes non-fresh batch and an Aakash Batch, I rejected the offer of Aakash and chose Byjus classes because that is for what I joined Byjus for JEE.The executive agreed and told me that it would be assigned and updated the same day or the next day and I would be able to attend classes( 13th April)
15 ) Now when everything seems sorted and I thought I will finally be assigned a batch which unfortunately is not a fresh one, BYJUS again sank into dead silence and neither updated the batch as was clearly acknowledged by byjus irrefutable evidence of which I hold nor called or updated me with anything despite my detailed reminders to customer service and the Head of Byjus IIT JEE program that I have to approach consumer protection sources if I am not updated. Dead silence from byjus side and response whatsoever as if I am being deliberately ignored.
16 ) Whereas, it is to highlight and noted that the legitimacy of my request is established beyond doubt and acknowledged by BYJUS multiple times evidence of which I hold.
17 ) Today, on the 22nd of April 2022, after 26 days of rigorous requests, no change has still been reflected.
18 ) Such an edict, unnecessary delays, lack of coordination, and infringing right to Consumer information is severely hindering my preparations.
19 ) Whereas, the edicts, as undertaken by BYJU as a service provider in the Indian subcontinent, are prima facie "Deficiency in service" and "breach of contract" under the law as applicable . Where “Deficiency in service" is defined by the Consumer protection act 2019 - as -- “any fault, imperfection, shortcoming or inadequacy in the quality, nature, and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes (a) any act of negligence or omission or commission by such person to the consumer and (b) deliberate withholding of relevant information by such person to the consumer.” .
20 ) Whereas the edict is cognizable under 2(11) of the consumer protection act 2019.
21 ) Whereas the misleading advertisement during the time of admission is cognizable under section 89 of the consumer protection act 2019.
22 ) Whereas BYJU's as an authority, team, group prima facie infringes my rights as a consumer of being correctly informed and accordingly remedied.
23 ) A momento with a 36-hour ultimatum was given to byjus before this complaint. I, as a consumer, demand that BYJUS provide appropriate consumer services by retorting to my demand for information and fulfilling all promises made before admission(fresh batch) OR
what was assured by BYJUS on call.(Latest batch)
24 ) I hereby declare that the details furnished above are true and correct to the best of my knowledge and belief and I undertake to inform you of any changes therein, immediately.
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