Consumer Complaint under Section 35 of the Consumer Protection Act, 2019 seeking Refund of ₹1,03,300/- with Interest, Compensation, Damages and Costs

Anaamshaikh@678

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Institute Name
Securium Solutions PVT LTD
Customer Care Number
+91 74559 23827
Loss Amount
103300
Ratings
2.00 star(s)
Opposite Party Address
B-28, 1st Floor, Sector-01, Noida, Uttar Pradesh - 201301, India

Detailed Facts and Discussion of the Case​

The present Complaint is being filed by the Complainant under the provisions of the Consumer Protection Act, 2019 against Securum Solutions Private Limited, represented through its Chief Executive Officer Mr. Sunil Singh, Founder Ms. Neha Singh, and its former Admission Counsellor Mr. Abhinav Singh Rathod, for their collective acts of fraudulent inducement, misrepresentation, deficiency in service, unfair trade practice, negligence, breach of contractual obligations, failure to refund the Complainant's hard-earned money, and the continuous harassment suffered by the Complainant despite repeated requests and legal representations.

On or about 02 August 2025, the Complainant was contacted and persuaded by Mr. Abhinav Singh Rathod, who was then working as an Admission Counsellor and authorized representative of Securum Solutions Private Limited. During the admission process, the Complainant was assured that the Cyber Security Course offered by the Company was genuine, professionally conducted, would be completed within one to three months, would include practical training, recognized certification, and placement assistance. Relying entirely upon these assurances and representations, the Complainant enrolled in the course and paid an aggregate amount of ₹1,03,300/- between 02 August 2025 and 03 October 2025 through multiple UPI transactions and a Bajaj Finance EMI Network Card. Most of these payments were made to the personal account of Mr. Abhinav Singh Rathod only because he represented that such payments formed part of the Company's authorized admission process, while an additional amount was paid directly into the official account of Securum Solutions Private Limited. At no point was the Complainant informed that such payments were unauthorized or outside the Company's official admission procedure.

Subsequently, on 04 October 2025, the Complainant was informed by officials of Securum Solutions Private Limited that Mr. Abhinav Singh Rathod had been removed from service due to allegations of fraudulent activities committed during his employment involving several students. Upon learning this shocking information, the Complainant immediately approached the Company seeking cancellation of his admission and a full refund of the entire amount paid. However, instead of accepting responsibility for the acts committed by its own employee and resolving the matter fairly, the Company refused to refund the Complainant's money and repeatedly insisted that he continue the course despite the admission itself having been procured through fraudulent representations. The Company continuously assured the Complainant that the matter would be resolved shortly and that the refund would be processed, but these assurances proved to be false and were merely used to delay and avoid their legal responsibility.

The Company itself acknowledged that similar fraudulent acts had affected several other students and admitted that it had recovered a substantial amount of money from the said employee after discovering the fraud. Despite having full knowledge of the misconduct committed by its employee during the course of his employment, the Company failed to compensate the affected students and deliberately retained the Complainant's money. The Opposite Parties refunded only ₹5,000/- received directly into the Company's account but unlawfully refused to refund the remaining amount of ₹1,03,300/-, thereby causing immense financial hardship and mental agony to the Complainant. Under the settled principles of vicarious liability, an employer cannot escape responsibility for the wrongful acts of its employee committed during the course of employment, particularly when an innocent consumer acted in good faith upon the apparent authority conferred by the employer.

Since October 2025, the Complainant has continuously made every possible effort to obtain justice through peaceful and lawful means. Numerous telephone calls, emails, WhatsApp communications, written representations, personal requests, legal notices, consumer grievances, cyber complaints, and complaints before the Uttar Pradesh Police and other competent authorities have been submitted. Despite these persistent efforts extending over several months, no meaningful action has been taken, no effective investigation has resulted in restoration of the Complainant's money, and the Opposite Parties have continued to ignore their legal and moral obligations. As on 31 July 2026, nearly ten months have elapsed since the Complainant demanded a refund following the discovery of the fraud, yet the Opposite Parties have neither refunded the money nor provided any satisfactory resolution.

The Complainant is a student who invested his hard-earned savings with the genuine intention of acquiring professional education and building a career in cybersecurity. Instead of receiving the promised educational services, he has suffered severe financial loss, emotional distress, mental harassment, anxiety, loss of valuable academic time, and continuous uncertainty regarding his future. The refusal of the Opposite Parties to refund the amount despite repeated demands amounts to a continuing cause of action and constitutes clear deficiency in service, unfair trade practice, fraudulent misrepresentation, breach of contract, negligence, and violation of the statutory rights guaranteed under the Consumer Protection Act, 2019.

The conduct of the Opposite Parties demonstrates complete disregard for consumer rights and accountability. Their repeated promises to process the refund, followed by continuous delay and non-compliance, have compelled the Complainant to approach this Hon'ble Consumer Disputes Redressal Commission as a remedy of last resort. The Complainant has exhausted all reasonable avenues available before initiating these proceedings and now seeks the intervention of this Hon'ble Commission for protection of his legal rights.

In these circumstances, it is respectfully prayed that this Hon'ble Consumer Commission may be pleased to direct the Opposite Parties to jointly and severally refund the entire amount of ₹1,03,300/- along with appropriate interest from the respective dates of payment until realization, award adequate compensation for the immense mental agony, harassment, financial loss, and loss of educational opportunity suffered by the Complainant, award litigation expenses and costs of these proceedings, and pass such other orders as may be deemed just, equitable, and proper in the interest of justice. The Complainant places full faith in this Hon'ble Commission and humbly seeks timely justice after having waited for several months without any effective relief.

I have all of the notices documentations and all which are confidential i couldnt share here
Regards,
Md anaam
9449369861
 
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