Kodak Consulting — Sap tms

Dear Abhishek,
We are providing you a SAP TMS Course. It is a 9 in 1 program consisting of a Training project, Internship, Certificate, placement, E Learning Boot Camp, 1 year Gold membership in which you can change your batch multiple times and the trainer as well. As we check that you enrolled yourself in the 4th December 2023 batch which is also a 9 in 1 program and all the class recordings are available on the enrollment portal.
As per the cancellation policy you are not eligible for the refund. Kindly check the below points from the refund policy.
1. If fee submission is done via shopse emi portal or through the education loan process refund is not applicable
2.If the fee is submitted in part payments, or if a token amount is paid to reserve the seat then a refund is not applicable
3. If the candidate has completed the course with the certification as well.
Money back guarantee is void if the participant has logged into the course

At the very outset, we deny all insinuations, allegations and averments made by you against us. Nothing contained in your complaint should be deemed to be admitted by us unless expressly stated to be so admitted. The Answering Opposite Party further humbly submits that except for what is expressly and specifically admitted by the Answering Opposite Party and the contents of the Complaint unless admitted specifically by the Answered Opposite Party may be read as travesty of facts Accordingly, we hereby set out the correct and complete facts:

We operate through our website bearing the web address www.kodakco.com. The agreement has been set out on the website itself. Prior to the purchase of any course, all the users are required to click on the “SIGNUP” option, agreeing to the terms and conditions, obligations, representations, warranties and agreements thereby. In the event where the user is unwilling to accept the Agreement, they may choose to do so. However, in that case, the user shall not be authorized or allowed to proceed further to view or use in any manner the content, information, ecourseware, products and services published, available or provided on the website owned by us at Kodak Consulting. Effectively, by signing up for the course, the parties naturally enter into a clickwrap agreement.
By virtue of express agreement, the participant, in this case Your Client, is given an account ID ([protected]@gmail.com) and password, which is for their exclusive use. The participants are granted access to our content, courseware, practice tests and other information, documents, data which may be in audio/video, written, graphic, recorded, and photographic or any machine-readable format in relation to specific certification training courses.
The ‘Cancellation Policy’ is also clearly set out in the website. The relevant portion of Online Training is being reproduced below for the ease of reference:
“CANCELLATION AND REFUND: ONLINE TRAINING”
For Self-Paced Learning:
Money back guarantee is void if the participant has logged into the course.
Any refund request beyond 7 days of purchasing the course will not be accepted and no refund will be provided.
Refund on discounted or subsidized course fee is not applicable for refund. The only option is to change the course.
For Instructor Led Training:
Raise refund request within 7 days of purchase of course.
Money back guarantee is void if the participant has logged into the e-learning course or has attended Online Classrooms/received recordings for more than 1 day.
Any refund request beyond 7 days of purchasing the course will not be accepted and no refund will be provided.
Refund on discounted or subsidized course fees is not applicable. The only option is to change the course.
Refund on the batch rescheduled by the participant is not applicable.”
A perusal of the above mentioned terms and conditions of the Cancellation Policy is unambiguously clear and could have been seen at the time of signing up with Kodak Consulting.

That at the very outset you failed to disclose any cause of action against the opposite party, the said complaint is liable to be rejected at the outset without going into any merits of the complaint. The allegations are not maintainable and are just an attempt to harass and torture to put a stain on the goodwill of the Answering Opposite Party.
That on the basis of the above averments, the complaint is not maintainable against the Answering Opposite Party as it is an attempt to tarnish the Goodwill of the Answering Opposite Party.
That you stated false facts, manipulated the actual facts thereby trying to conceal the true facts of the instant case in order to support his false claims. To clarify, The Answering Opposite Party has never provided deficient services to your client and has always adhered to the Terms and Conditions.
The answering opposite party states here that you enrolled yourself with us on 4th December 2023, after the enrollment process was done the answering opposite party has given you the LMS Access. The said LMS Access contents the classes recordings, study materials, placement supports etc. It is also pertinent to state here that your client has voluntarily enrolled in the 4th December 2023 batch which clearly shows that we have been continuously providing him with the requisite services.
The answering opposite party also submits that it has in no manner denied in providing your client with the requisite services that was promised initially. Apart from this your client has got the access to the LMS Portal ( E-Learning portal), where he gets the access to all the necessary study materials, Placement support opportunities, Recorded sessions of the said Course, bootcamp sessions, Internship etc. Hence, from the above state it is safe to say that the answering opposite party in no manner has lacked in providing services to your and shall continue to provide your client with the requisite services as per your desired timings.
That the allegations made by you in the Complaint are empathetically denied. It is further submitted that the relief claimed under the present notice is untenable and unreasonable and your client under the circumstances and for the reasons stated above is not entitled to any claim or relief of compensation from the Answering Opposite Party. It is submitted that there is nothing instant case that can be attributed to the negligence on part of the Answering Opposite Party. Therefore the Answering Opposite Party is nowhere a reason or responsible for any harassment or mental agony as alleged by you.
The contents of the relief are wrongly denied. That there has been no act or omission on the part of the Answering Opposite Party that amounts to deficiency in service. Your client has grossly failed to show any deficiency or lack of service on part of the Answering Opposite Party. Hence the present allegations in the complaint are liable to be dismissed on the basis of the above stated facts. Your client has prayed for reliefs from the Answering Opposite Party without adducing any cogent proof of his averments. The present allegations are baseless, non-maintainable and without cause of action and deserves to be dismissed

In this background, Your Complaint is absolutely misconceived and predicated on an incorrect assumption of facts that You are entitled to a refund. If You does not withdraw the complaint with immediate effect, we would be inclined to take necessary civil and criminal action, as may be necessary and available to us