Shashank Rai Office: 1st Floor, C-92, CL Joseph

Block, Tis Hazari Court, Delhi-54

ADVOCATE EMAIL: [email protected]
DELHI HIGH COURT PH: +91-9643680750

BY SPEED POST/ EMAIL/ WhatsApp

WITHOUT PREJUDICE
8th December 2023
To,
M/s Sunbright Pharma Academy,
through its partner Mr. Ravikumar Kailashnath Yadav,
R/o 201-202, Laxmi Shopping Center,
Near Lata Hotel, Railway Station,
Kandivali (West), Mumbai - 400067

Subject: Reply to Legal Notice for Recovery of Money dated

24.11.2023.

Sir/Ma’am,

Under instructions from and on behalf of our client, Sh. Vineet Bhagat
S/o Sh. Jatinder Bhagat R/o 3rd Floor, 7/33, Roop Nagar, Delhi -
110007, we hereby serve upon you this legal notice in the following
terms:

1. That our client had registered with you, the Noticees, at

https://www.whitehatjr.com/ for his son, Krish Bhagat, with
registered mobile no. +919870309609 and registered email ID
[email protected].

2. That on the night of 28th February 2023(“Payment Date”

hereinafter), after unfair and undue pressure was applied on our
client over a marketing call at around 21:30, to make the
payment before midnight, our client purchased the coding

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Shashank Rai Office: 1st Floor, C-92, CL Joseph
Block, Tis Hazari Court, Delhi-54
ADVOCATE EMAIL: [email protected]
DELHI HIGH COURT PH: +91-9643680750

classes package “standard_renewal_only” for his son, Krish

Bhagat, from you, the Noticees, by making a payment of Rs.
1,20,250/- (Rupees One Lakh Twenty Thousand Two Hundred
and Fifty only) via Transaction ID: pay_LLwbJNidiH1VNZ.

3. However, having been dissatisfied with the said coding classes

and preoccupied with other academic program which also
included the 10th grade Board School curriculum, our client’s
son was not inclined to continue with the said coding classes.

4. That on 28th March 2023, our client made a request (30269649

and 03494149) to you, the Noticees, to cancel the coding
classes for his son, Krish Bhagat and refund the amount for the
unrendered services. This request was made within 45 (forty
Five) calendar days from the payment date (“Payment Date”),
complying with the refund policy of Noticee No. 1.

5. That after this request, our client was assured by you, the
Noticees, that he would receive the details of the amount to be
refunded for the unused classes in 72 hours. But, there was no
response from your end, even after 10 days.

6. That on 10th April 2023, our client contacted you, the Noticees
over chat and was again provided a standard response that his
request would be resolved within 24 hours.

7. That since then, whenever our client has requested a status

update on his refund, he has repeatedly been provided with the
following standard responses:

a. We are still working on your refund query and will share

an update as soon as possible.

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Shashank Rai Office: 1st Floor, C-92, CL Joseph
Block, Tis Hazari Court, Delhi-54
ADVOCATE EMAIL: [email protected]
DELHI HIGH COURT PH: +91-9643680750

b. Your query is under process will get back shortly.

c. We would like to inform you that, we have raised the

concern to the relevant team and the team will get back
to you with an update.

8. That after persistent phone calls, messages, and reminders,

finally, on 29th June 2023, you, the Noticees requested the bank
details of our client, in order to initiate the refund. In reply to
the said email, our client provided all the requisite details on the
same day, including the following bank details:

Account Holder Name Vineet Bhagat

Account Number 003101623956

Bank and Branch ICICI Bank, Noida Sector 18

branch

IFSC Code ICIC0000031

9. That on 29th June 2023, you, the Noticees, replied to our client:

We have initiated the refund for the below amount via NEFT. It
will be credited to your bank account within 15-20 working

days.

Refund Details-

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Shashank Rai Office: 1st Floor, C-92, CL Joseph
Block, Tis Hazari Court, Delhi-54
ADVOCATE EMAIL: [email protected]
DELHI HIGH COURT PH: +91-9643680750

Sr no. Particular Amount

1 Amount Paid 120250

2 Down Payment 0

3 Total Amount Paid 120250

4 Total credits offered 163

5 Total credits refunded 153

6 Total Credit Consumed 10

7 Cost per class 737.73

8 Voucher Amount 0

9 Total refund Amount 112872.70

10. That you, the Noticees still haven’t provided the refund to our
client. Our client has made several attempts over phone, email,
WhatsApp, however, not a penny has been received by our
client by way of refund, that too of an amount that has been
admitted by you the Noticees vide the email dated 29th June
2023.

11. It is evident that you, the Noticees are habitual of making

representations and false assurances to your customers. There is
clearly a mala fide intention on the part of you the Noticees not
to refund the legitimate claims of our client - which clearly

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Shashank Rai Office: 1st Floor, C-92, CL Joseph
Block, Tis Hazari Court, Delhi-54
ADVOCATE EMAIL: [email protected]
DELHI HIGH COURT PH: +91-9643680750

amounts to a gross deficiency in service and unfair trade

practice under the Consumer Protection Act, 2019.

12.That as mentioned in the Press Release ID: 1838605 dated 1st

July 2022, at

https://www.pib.gov.in/PressReleasePage.aspx?PRID=1838605,

the Central government has already warned the Ed-tech

companies including you, the Noticees against unfair trade
practices. The said Press Release unequivocally states that
government is cognizant of the tactics pursued by Ed-tech
companies in general of cheating the students through unfair
practices like fake reviews, non-refund of money in clear
violation of their self-declared refund policies.

13. A perusal of the online reviews/complaints in relation to you

the Noticees reveals that you the Noticees are habitual of
harassing the customers, placing false and misleading
advertisements, non-committing with the refund policies. This
has resulted in serious complaints instituted agaisnt you the
Noticees at various Courts all over the country.

14. That you, the Noticees, by withholding the refund amount of

our client have caused wrongful gain to yourselves and
wrongful loss to our client. You, the Noticees are, inter alia,
guilty of cheating (under Section 420 of Indian Penal
Code(“IPC”), 1860) which entails a punishment extending to
SEVEN (7) years of imprisonment.

15. The said conduct also makes you the Noticees culpable for the
offence of criminal breach of trust (under Section 406 of

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Shashank Rai Office: 1st Floor, C-92, CL Joseph
Block, Tis Hazari Court, Delhi-54
ADVOCATE EMAIL: [email protected]
DELHI HIGH COURT PH: +91-9643680750

IPC, 1860)which is punishable with imprisonment extending to

THREE (3) years.

16. Besides, you the Noticees have effectively dishonestly

misappropriated the legitimate money of our client. Hence you
the Noticees are also liable for the offence of criminal
misappropriation (under Section 403 of IPC, 1860)which is
punishable with imprisonment extending to TWO (2) years. of
imprisonment.

17. Needless to say that the said conduct on the part of you the
Noticees amounts to fraud (under Section 447 of the
Companies Act, 2013. Hence, the affairs of Noticee Nos. 1, 2
and 3 are liable to be investigated under Section 213 of the
Companies Act, 2013.

18. That the affairs of Noticee No. 2 has enough material to raise
eyebrows. It doesn’t need to be told why Noticee No. 2 filed
financials for FY21 in September 2022 after an 18-month delay.
Noticee No. 2 saw three directors resign from the company’s
board in June 2023, over how the business was being run.
Again, Noticee No. 2 reported its delayed audited financial
accounting for the financial year ending in March 2022, in
November 2023. Noticee No. 2 had to readjust its unaudited
revenues for FY21 after Deloitte refused to sign off on the
company’s financials in 2022 citing many red flags, especially
on the company’s revenue recognition practices, weak controls,
poor financials of WhiteHat Junior and a bloated ESOP
programme. In June 2023, Deloitte even stepped down as
Noticee No. 2’s auditor, citing delay in its FY22 financials as
the reason.

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Shashank Rai Office: 1st Floor, C-92, CL Joseph
Block, Tis Hazari Court, Delhi-54
ADVOCATE EMAIL: [email protected]
DELHI HIGH COURT PH: +91-9643680750

19. That Noticees Nos. 4 to 6 are personally liable for the debts of
the company, as they are conducting the business in fraudulent
and deceitful manner. They are vicariously liable for the tort
committed by the company including its subsidiary and such
liability is unlimited.

20. That Noticee No. 5 is also the Co-Chair of India Edtech

Consortium Management Committee as mentioned at
https://www.indiaedtech.in/management-committee.html. So,
she should also uphold IEC’s commitment to:

a. Self-Regulation: Catalyze self-regulation to uphold

professional ethics and quality standards for the growth
of the industry.

b. Grievance Redressal: Ensure effective and robust

grievance redressal, focusing on the learner’s interest.

21. That our client has not only suffered a great financial loss due
to the blockage of his funds without any return, but has also
suffered mental distress and pain due to the fault, deficiency,
and inactiveness on part of you the Noticees, for which he is
entitled to compensation from you the Noticees.

22. That you the Noticees continue to illegally and with mala fide
intentions withhold monies due to our client. You the Noticees
are directed to immediately, and in not less than 15 days from
the receipt of this notice, remit the following sums to our client
which you, the Noticees are jointly and severally liable:

Particulars Amount (INR)

Refund for unrendered services 112872.70/-

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Shashank Rai Office: 1st Floor, C-92, CL Joseph
Block, Tis Hazari Court, Delhi-54
ADVOCATE EMAIL: [email protected]
DELHI HIGH COURT PH: +91-9643680750

Compensation for mental agony 20,000/-

Charges towards this legal notice 15,000/-
Total 147872.7/-

23. That the bank details of our client for the remission of
afore-said amount are as follows:

Account Holder Name Vineet Bhagat

Account Number 003101623956

Bank and Branch ICICI Bank, Noida - Sector 18

branch

IFSC Code ICIC0000031

24. That if you the Noticees fail to remit the above amounts to our
client within a period of 15 days from the receipt of this notice,
then our client would be compelled to initiate appropriate legal
proceedings (both criminal and civil) against you the Noticees
(jointly and severally) as are available to him under the law, the
risks, costs and consequences of which you the Noticees shall
be entirely responsible. These include, but are not limited to:

A. A criminal complaint, inter alia, under Section 420 r/w 406

and 403 of the Indian Penal Code, 1860 for cheating,
criminal breach of trust, and dishonest misappropriation.

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Shashank Rai Office: 1st Floor, C-92, CL Joseph
Block, Tis Hazari Court, Delhi-54
ADVOCATE EMAIL: [email protected]
DELHI HIGH COURT PH: +91-9643680750

B. A petition to the National Company Law Tribunal u/S 213

of the Companies Act, 2013 for investigation into the
affairs of the Noticee Nos. 1, 2 and 3;

C. A Complaint to the Ministry of Corporate Affairs, inter alia,

for financial mismanagement and corporate fraud in the
affairs of the Noticee Nos. 1, 2 and 3;

D. A Complaint before the Consumer Commission under

Section 35(1)(c) of the Consumer Protection Act, 2019;

E. A class action suit against you, the Noticees for unfair trade
practices, misleading representations, and violation of
consumer rights;

F. A writ petition before Delhi High Court for violation of

Fundamental Right of Education of the son of our client in
particular and student comunity in general for misleading
them;

G. A summary suit for recovery under Order XXXVII of the

Code of Civil Procedure, 1908.
25. Needless to say that this is without prejudice to the rights,
contentions and remedies as available to our client in
accordance with law.

Sincerely,

SHASHANK RAI & ANUSHI AGRAWAL

ADVOCATES

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Shashank Rai Office: 1st Floor, C-92, CL Joseph
Block, Tis Hazari Court, Delhi-54
ADVOCATE EMAIL: [email protected]
DELHI HIGH COURT PH: +91-9643680750

COPY TO
Secretary (Consumer Affairs)
49, Krishi Bhawan, Dr Rajendra Prasad Rd, Opposite Rail Bawan,
Rajpath Area, Central Secretariat, New Delhi, Delhi 110001
Email: [email protected]

Secretary (Ministry of Education)

124-C, Shastri Bhawan, New Delhi
Email: [email protected]

*A copy of the legal notice is kept at our office for future reference*

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