Orissa

Balangir

CC/48/2020

Sri Adhikanda Mishra, S/O-Late Aartatrana Mishra, aged about 70 years - Complainant(s)

Versus

1. Himansu Kumar Pathak, S/O-Krishnananda Pathak - Opp.Party(s)

S.S. Satpathy

06 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM. BOLANGIR
ODISHA
 
Complaint Case No. CC/48/2020
( Date of Filing : 15 Dec 2020 )
 
1. Sri Adhikanda Mishra, S/O-Late Aartatrana Mishra, aged about 70 years
At:- Clubpara, Bolangir Po/Ps:- Bolangir
Bolangir
Odisha
...........Complainant(s)
Versus
1. 1. Himansu Kumar Pathak, S/O-Krishnananda Pathak
At:- S.S. Dash Complex , Ambedkar Chowk, Udit Nagar Po/Ps:- Rourkela
Sundargarh
Odisha
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sri Rabindra Kumar Tripathy PRESIDING MEMBER
 HON'BLE MRS. Smt Jyotshna Rani Mishra MEMBER
 
PRESENT:
 
Dated : 06 Dec 2022
Final Order / Judgement

        Adv. For the Complainant: -    Sri S.B Achriya

        Adv. For O.P :-                              NIL                       

        Date  of filing of the Case  :-15.12.2020

        Date of Order :-    06.12.2022

JUDGEMENT

Smt. Jyotsna  Rani Mishra, Member

Facts of the case in nutshell:-

                Op is the  Franchisee partner of Jeevan Jodi Matrimonial and registered a firm namely Jeevan   Jodi and  running a business  JIBAN JODI MATRIMONIAL site through online for marriage proposal . So the Complainant  registered his son namely Dr. Abhinash  Mishra through online above mentioned  Jeevan Jodi matrimonial site on 19th July 2020 for marriage proposals. After registration the OP has supplied some information to  Complainant  I.e  some photo copies and horoscopes , without other contact details to the candidates and when complainant required the contact to the candidates family members than OP directed to complainant to deposit Rs 5,000/- to his account for further proceeding . As the requirement of money complainant deposited  Rs 5000/- to words  more information from the OP .for  further 

  proceeding and the petitioner had deposited through E-transfer to the Jeevan Jodi account vide account No. 35902017744from his SBI A/C no 201739948. Therefore Op has provided a contact no. of the selected candidates to the complainant. When complainant  tried to contact , the complainant known hat the information given by the O.P are false. There after complainant tried to contact to the O.P. for several times for given correct information to contact candidates , but OP did not responding and tried to avoid the complainant by taking some plea or other. The complainant made several communications by the mobile phone but all went in vain. So on 30.09.2020 the complainant sent a final notice by Regd. Post to O.P for refund the Rs 5000/- If they will not settle the claim within 7th days then the complainant will take shelter of law.

                          The Complainant relied on following documents 

1.   Money transfer receipt Xerox copy.

2.   Copy of notice issued by petition on dt.30.09.2020

3.   Postal receipt copy

4.   Franchises Xerox copy

5.    Any other document which is necessary on time of hearing.

 

                OP do not show any response and non action  in the claim settlement of the complainant. OP does not show any interest or does not take any action claim by complainant and not appear before the commission and file their version . So I proceed with a experte  because OP is on its or fails to take any action to represent his case within the given time.

                                                                           ORDER

                In the view of above in details I observed that present complainant is succeeded.

1.    I further directed to pay the amount of Rs 5000/- (Five Thousand only) as deposited by the     

       complainant on OPs  A/C.

 

2.     Order to pay Rs.20,000/- as compensation for emotion and mental agony  sustained by     

        complainant   owing to action and deficiency in service  by Op.

 

3.      Rs.5000/-  to give to words the litigation expenses

 

                This order be complied with OP  within  1 month from the date of receipt of its order. Failing which it shall make payment of amount mentioned above or give 12 % interest per annum from the date of filing the present complainant till realization.

PRONOUNCED IN THE OPEN COMMISSION TO-DAY  06TH  DAY OF   DECEMBER‘2022.

 

                   (R.K.TRIPATHY)                                                               (J.MISHRA)                                                                   

                   PRESIDENT(I/C)                                                                            MEMBER

 
 
[HON'BLE MR. Sri Rabindra Kumar Tripathy]
PRESIDING MEMBER
 
 
[HON'BLE MRS. Smt Jyotshna Rani Mishra]
MEMBER
 

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