Educational services under the Consumer Protection Act qualify as consumer services, enabling jurisdiction based on the complainant's residence.

BEFORE: JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT MR. RAJESH K. ARYA, MEMBER Argued by:- Sh. Dhawal Bhandari, Advocate for the appellant.

PER RAJESH K. ARYA, MEMBER This appeal has been filed by opposite party No.1, namely, Eduonix Learning Solutions Private Limited (appellant herein) assailing order dated 10.03.2025 vide which, the District Consumer Disputes Redressal Commission-I, U.T., Chandigarh (in short ‘District Commission’) has partly allowed the consumer complaint bearing No.196 of 2024 in the following manner:-

“10. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are jointly and severally directed as under:-

i) To clear the loan account of the complainant without charging anything from the complainant.

ii) To refund Rs.2500/- to the complainant with interest @ 9% p.a. from the date of deposit till onwards after deducting Rs.1000/- as administrative charges.

iii) to pay 10,000/- to the complainant as compensation for causing mental agony and harassment;

iv) to pay 7000/- to the complainant as costs of litigation.

11. This order be complied with by the OPs jointly and severally within a period of 45 days from the date of receipt of certified copy thereof, failing which the amount(s) mentioned at Sr.No.(ii) & (iii) above shall carry penal interest @ 12% per annum (simple) from the date of expiry of said period of 45 days, instead of 9% [mentioned at Sr.No.(ii)], till realisation, over and above payment of ligation expenses.

12. Pending miscellaneous application(s), if any, also stands disposed off.”

2] The facts as stated in the impugned order passed by the District Commission reads thus:-

“Briefly stated that in the month of May, 2023 the representatives of OP No.1 approached the complainant and informed about an IT course amounting to Rs.65,000/- , namely 'Live Data Science Certification Program'. The duration of the said course is of 6 months. The representative of Opposite Party No.1 assured the complainant that it is a job guaranteed program and the OP no.1 will arrange job interviews during the course. The representative of Opposite Party No. I requested the complainant to enroll and attend the demo classes by paying an amount of Rs. 2500/-. It was assured by the representative of Opposite Party No.1 that the said booking amount of Rs.2500/- is refundable if the complainant is not satisfied with the course program or teaching of the online instructors. The representative of OP No.1 further assured that the balance payment of the course fee would be paid in installments after getting job placement. Being allured by the representative of OP No.1 the complainant paid the booking amount of Rs.2500/- on 30.06.2023 through online transfer. Thereafter, the representative of Opposite Party No.1 requested the complainant to avail the educational loan from their business partner i.e. OP No.2. It was further informed by the OP no.1 that it is the standard formality which has to be done by every student in order to get a job placement. Accordingly, the complainant availed the educational loan from the OP No.2 online. The complainant submitted the documents through online mode and availed the educational loan from online Link given by the representative of opposite parties. Thereafter by telephonic conversation with the representative of the OP No.1, the complainant came to know that an amount of Rs.57,330/- has been disbursed to the OP no. 1 from the loan account of the complainant towards the course amount. The complainant attended 2 demo classes on 29.07.2023 and 30.07.2023 and being not satisfied with the course and teaching of the instructors, requested the representative to cancel the enrolment and sought refund of booking amount. The representative of Opposite Party No.1 sought some time to resolve the matter. In the meanwhile the OP No.2 started demanding EMI and as such the complainant duly informed the OP no.2 that he has already requested the OP no.1 for ca