Think and Learn Pvt Ltd BYJUS
- Order punched and delivery assured by 3 senior managers but still classes of AAKASH BYJUS class 12 J Open
Mohammad Anas Faisal filed this complaint against Think and Learn Pvt Ltd BYJUS on May 22, 2022
*)I am a premium Byjus student enrolled in JEE(**+**) since ****(for JEE ****) and am a student of Byjus since ****. The enrollment is on number: ********** .
*) Due to an issue with my class ** part of the program I first reached out to Byjus support on **th March ****. Today is the **nd of April, and my issue, after hours of deliberation & numerous assurances of redressal (evidence of which I hold in form of emails and call recording admissible in a court of law under Article **B 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:
* ) On the **th of March I sent my first email to BYJU’s support This email contains all the information about my request. ------- https://imgur.com/a/Z*hWMaQ .
* ) On receiving no response whatsoever within ** hours, I sent a reminder to byjus on the **th of march.
* ) The reminder email was acknowledged by BYJUS after ** hours with assigned request number ********.
* ) ** 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: **th of March, assuring me of redressal and fulfillment and my request and that it has been transferred to the appropriate authority for doing it.
* ) After the second call, I received another acknowledgment assuring of redress within ** hours.
* ) I received no response whatsoever in ** hours, and hence after ** hours I sent another email as a reminder of the delay and the “deficiency in service”.
* ) On **st March(* days since the first email for service) I sent a detailed course of events(Similar to the above * points) and demanded redressal: Detailed Reminder of **st March. This was subsequently acknowledged by BYJUS the next day.
** ) Even after assurance of contact within ** hours, no such contact was established. On *th April, I again received an automated email to inform me a “priority request has been raised”.
** ) Still there was complete silence from the BYJUS side . So, I again sent a reminder on *th of April which was subsequently acknowledged on *th April.
** ) Finally, on *th 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
** ) 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 .
** ) This time, I received a response from BYJUS on **th April. She informed me (after ** 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 ** classes are missed. This clearly comes in the domain of “misleading advertisement” under section *{**} of the CPA, ****. Still, I ignored it and agreed on a non-fresh batch. This “most recent batch” had * chapters of chemistry and math finished and Physics was supposed to start on **th April.
Call recording * of **th April – https://sndup.net/g*d*/ -- 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 * of **th April -- https://sndup.net/h*rb/ -- 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’ **th batch available if not fresh.
Call recording * of **th 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( **th April)
** ) 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.
**) I hence file a complaint with National Consumer Helpline (NCH) on **nd of April (**:**:**) with grievance number ******* through web. I subsequently informed this to the company: - Evidence: https://imgur.com/a/*WaIFNi
**) The very next day(**rd of April) , BYJUS breaks it dead silence and a senior Manager named Rahul calls me . He heard my side in detail and apologized with assurance of ***% redressal with maximum * days. He assured and promised me a fresh Aakash+Byjus batch as an alternative and as well as a personalized mentor to guide me through all the process of new interface . He blamed technical glitches for all the mayhem back then. I hold evidence of it in form of call recording.This time , “Aakash+Byjus” batch was accepted by me .
• Call recording * of **rd April – http://sndup.net/hxnn . PDF transcript of conversation https://bit.ly/*yRsnZf
a. He heard my concerns and past mental gymnastics , and told “I will not drag this thing further” and “give me maximum an hour time. I’ll give you a call back and accordingly, update what we are doing on your account.” He did call me after an hour.
• Call recording * of **rd April -- http://sndup.net/nxy* . PDF transcript of conversation https://bit.ly/*lBM**u .
a. He told me that I will be provided a Aakash program, “we will be offering you Aakash program only that's for your preparation. Fresh batch is starting from second of may till the time whatever classes you have you can attend the same thing and from second of May you will have a fresh batch starting for twelve standards so that whatever we will be teaching or the teacher will teach you. That will be from the beginning only. Not a single class you have missed, or you have not attended. Okay. And that will be a free of cost thing…...You're shifting to Aakash program…we can give you a new fresh batch only for Akash program for twelve standards”.
b. I was told that it will also be sorted within * week and I will be able to attend my classes, “one week you have to wait and post one week on second may only your classes and everything will be activated and started. And meanwhile what I'll ask the mentor to also call you and educate you what all things you will be getting in Aakash classes as compared to the BYJUS classes which you are not getting earlier…… just wait for maximum one week and most early on second or third(may) your classes and everything will start for you”. This was all accepted by me .
c. Its been nearly * month since that day, but to * avail, my mental health has taken a toll due to this. I was told “you don't worry about anything.”, and here I am sacrificing my sleep , my studies , my sport’s for this metal gymnastics with BYJUS .
**) Talking of my complaint in the NCH , the company didn’t responded despite a reminder and current status is that second reminder is sent.
**) While I was patiently waiting for *nd of May , on **th of April , another manager , Kiran Kumar contacted me . He told he is processing the request and has already placed the order .
• Call recording * of **th April – http://sndup.net/n**q . PDF transcript of conversation https://bit.ly/*Nva*xy
a. He told that my order is being placed in accordance with my talk with the senior manager on **rd April . “Okay. So right now I'm processing the request for the same. I will provide you Aakash live for **th and **th….I will change it for you now”
• Call recording * of **th April – http://sndup.net/mb*m . PDF transcript of conversation https://bit.ly/*G*z*A* .
a. In this conversation, the senior manager told me that the order for Aakash+Byjus live classes and the materials associated with is has been placed and my classes will start after a week. Please note that, on **rd of April ,Manager Rahul told that it would be “Maximum” * week , that it my classes will start from *nd/*rd of May , now this is being , strangely extended on **th of April , to *th/*th May . Even though this, I agreed to it putting my trust in byjus and yet again sacrificing * days of my studies due to deficiency in service by the Byjus .I quote his words , “. I have already placed the order for you, for Aakash live , for class **….. . It will take a week time for it to get in line…..will take one week time for the classes to initiate and start. Okay. I'll keep you posted on the update” He also told me that for any further contact whatsoever , I should email him directly and hence most emails after that was to him directly . I kept all my words , I did all that was necessary , I sacrifed my social life , I sacrifed my mental health , Its is Byjus who didn’t kept its words , Its byjus who betrayed me after my loyalty to it since ****.
**) I yet again waited patently for * days as I have always had , after * days ,that is on *th of May, I sent a reminder to the Manager Kiran that my classes must start the next day along with confirmation of all the study materials . Evidence of Email Reminder:: https://imgur.com/a/NmqModE
**) Then the *th Day comes , my classes didn’t start and dead silence from byjus side . On that day I sent a detailed reminder to the Manager explaining chain of events and everything else .Evidence : https://imgur.com/a/ocaBTyi . I received a reply the same day , and I quote “I have prioritised your order and same has been punched will share the details in a while and connect with you as well with further details.“ .Evidence : https://imgur.com/a/VkIt*WS . I was told by the company that my order is punched , when a byjus order is punched it means that it has ***% approved and confirmed and I know this from my experience of purchasing byjus subscription * times for me , my siblings and cousins .
**) After this response , I yet again wasted my * days by waiting , giving byjus the maximum of times it needs , I wakted sacrificing my everything , my anxiety was on its peak . On **th May I again sent a reminder to the manager . Evidence : https://imgur.com/a/yUCDozQ . I waited * days after this but there was no response whatsoever I had a mental breakdown the very next day due to all this .
**) On **th of May , I sent an Email to Byjus informing that I will now be going for consumer case . Within ** minutes , I received a call from Manager Kiran explain that he was on leave and this and that . He made a very bizarre claim that my classes have started and * classes have gone , while on my side , I can only see free trial classes . He said that I will be connected to the technical team .
• Call recording * of **th May – http://sndup.net/rwp* . PDF transcript of conversation https://bit.ly/*ySa*r*
a. I quote him “Your classes have already started,* classes have finished by now….batch timing is ...*:** , *'o clock , *:**….” . This claim was ***% rejected by me . He put the entire blame to “Technical glitch” and promised to connect me with the technical team .
**) The next morning, I was contacted by the technical team but I could pick up the call . Within an hour I emailed them and told you can call back now , the manager assured me of the call-back . This lead to a string of email and assurances of call-back the same day but I was never again contacted .
**) Here I am , in a mental state unthinkable , thinking about my future and my academic loss due to this mental gymnastics and torture by BYJUS while me and byjus knowing with ***% surety that I am at right here and they are at wrong .
**) My subscription for Byjus JEE was result of a scholarship and hence I don’t want a refund, I want to study with BYJUS I am just asking what I was promised to me * times by * senior manager of BYJUS irrefutable evidence of which I hold .
**) Established Facts :
a. I was promised Aakash+Byjus batch exactly * times by * senior Managers of BYJUS
b. My request was ordered and punched but I haven’t still received any benefit of it whatsoever.
c. This is being delayed and delayed since I put my first request on **th of March.
d. legitimacy of my request is established beyond doubt and acknowledged by BYJUS multiple times evidence of which I hold.
e. Such an edict, that’s is unnecessary delays, lack of coordination, breaking promised deadlines, mental torture , academic loss and infringing right to Consumer information is severely hindering my preparations . Whereas, the edicts 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 **** - 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.” .
f. Whereas the misleading advertisement during the time of admission is cognizable under section ** of the consumer protection act ****.
g. I am trying to cover my syllabus from random sources and my academic loss is paramount, my performance in school has dipped to its lowest , I am worried of my JEE which I have to give the next year and is causing me anxiety attacks and my mental health is in shambles so much so that I have had multiple calls in anti-suicide helplines.
h. Whereas BYJU's as an authority, team, group prima facie infringes my rights as a consumer of being correctly informed and accordingly remedied.
**) My demands:
a. Immediately providing me a fresh Aakash + Byjus **th JEE live classes batch along with all the content associated with it so as to prevent any further academic loss and mental anxiety.
b. I DONT want a refund of my money as my subscription was a result of a big scholarship which I got due to my absolute hard work and hence refunding that amount has no point and is further disrespect to the hard work I put in order to get the scholarship .
**) 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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Think and Learn Pvt Ltd BYJUS
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