IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Saturday the 24nd day of August, 2019.
Filed on 17-02-2017
Present
Sri.E.M. Muhammed Ibrahim,B.A,LLM (President)
2. Smt. Sholy P.R, B.A.L,LLB (Member)
In
CC/No.52/2017
between
Complainant:- Opposite party:-
Sri.Sankar Narayan, 1. Smt.Mary Renju,
S/o Prasannakumaran Unnithan, Manager, Customer Service -
Sanakara Narayanam, Elite Matrimony,
Kappil East, Matrimony.Com Pvt.Ltd.
Krishnapuram P.O., No.94 T.V.H Belicia Towers,
Kayamkulam, Alappuzha. Tower 2, 10th Floor,MRC
(By Adv.G.Saji ) Nagar, Mandaveli, Chennai,
Tamilnadu- 600028
2. The Manager
Consim, Consim info Pvt.Ltd.
Shop No.510A, Finlord
Complex,1st Floor, Park
Junction, Mavelikara.
O R D E R
SRI.E.M. MUHAMMED IBRAHIM (PRESIDENT-IN-CHARGE)
This case is based on a consumer complaint filed under section 12 of the Consumer Protection Act, 1986.
2. The averments in the complaint in short, are as follows:-
The complainant is an MBA graduate and having age 26 years and he is a business man by profession. On 16-07-2016 the complainant registered his name in Bharat Matrimony having its branch office at consim, consim Info Pvt. Ltd. Shop No.510 A, Finlord complex, First floor at Park junction, Mavelikkara in a regular status for the services of assisted Matrimony. Later the first opposite party advised that if the status is upgraded to Elite matrimony service by paying Rs.50,000/- the first opposite party shall made available suitable special profile to the complainant and the complainant did not wait beyond 2 months to select a most suitable alliance by believing the above representation and assurance of the first opposite party the complainant upgraded matrimony status to Elite matrimony service by depositing Rs.50,000/- on 11.08.2016, for a period of 4 months. But the respondent had only informed some cases from their ordinary profile which the complainant already referred earlier, and nothing has come out as per the opposite party's persuasion to take up the Elite service. There after the complainant repeatedly asked the respondent to convert the status from Elite Class to regular status by repaying the excess amount of Rs.50,000/- which was received by the respondent from the complainant. But the respondent was reluctant to repay the additional amount to the complainant. At last the complainant sent an advocate notice on 05-12-2016 to the opposite party asking to convert the status of the complainant's matrimony from elite class to regular class by repaying the amount of Rs.50,000/-. The opposite party accepted the notice on 08.12.2016 but neither repaid the amount nor sent any reply. Hence this complaint.
3. Opposite party No.1 and 2 resisted the complaint by filing a detailed joint version raising the following contentions :-
The complaint is not maintainable either in law or on facts. The complaint is based on assumptions and presumptions however the opposite party would admit that status and also would admit that the complainant had registered his name with the 2nd opposite party at Mavelikara as a regular status and subsequently the status of the matrimony upgraded to elite matrimony service by receiving Rs.50,000/- as alleged in the complaint. But Elite matrimony does not give any implied or explicit guaranty or warranty or marriage or alliance by choosing to register on their website and using elite matrimony service. Elite matrimony working on the terms and conditions which are also annexed along with the written version. The opposite party has informed the complainant that the deal in match making services and they have never assured the complainant not to wait more than 2 months to select suitable alliance since marriage depends upon personal presumption of the parties concerned and the acceptance of profiles covenanting into a marriage between the parties is not in the opposite parties hands. On 07th December 2016 the opposite party has provided 47 profiles and out of the said 47 profiles the complainant has rejected 43 profiles. The opposite parties also had done back ground work on additional 23 profiles since the complainant / member requested to provide profiles which meet their match and expectations. There is no deficiency in service on the part of the opposite parties. The opposite parties are not liable to pay any amount as compensation or cost to the complainant. The complainant has no cause of action for filing the complaint. The complainant is also not entitled to get refund of the amount of Rs.50,000/- paid by him since the opposite party has served the complainant to the best of their ability. Fructification of alliance depends on the presumption of both parties and there is no guaranty that every alliance in resulting any marriage. The terms and conditions in the elite matrimony has been shared with the complainant and after accepting the terms and conditions the complainant cannot pretent ignorance and make the present complaint before this Forum. The complainant is not entitled to get Rs.10,000/- towards mental agony since such mental agony is having no nexes to the deficiency in service alleged. As per the terms and condition referred above any such payment to elite matrimony by way of registration / membership renewal fee is treated as not refundable. The complainant has again approached the opposite party for assisted service and has opted to avail services till 28-04-2017 by paying an amount of Rs.10,500/-. If the complainant was not satisfied with the service of the opposite parties he would not have approached the opposite parties again and availed their service. The opposite parties further pray to dismiss the complaint with their costs and compensatory cost.
4. In view of the above pleadings the points that arise for consideration are:-
1. Whether there is any deficiency in service or unfair trade practice on the part of the opposite parties in rendering their services.
2. Whether the complainant is entitled to get refund of Rs.50,000/- deposited by upgrading the matrimonial status to elite matrimony service.
3. Whether the complainant is entitled to get compensation and costs as prayed for.
4. Reliefs and costs.
5. Evidence on the side of the complainant consists of the oral evidence of PW1 and Ext.A1 to Ext.A6 documents. Evidence on the side of the opposite party consists of RW1 and Ext.B1 to Ext.B4 documents. Both advocates have filed notes of arguments. Heard both sides.
Point No.1 to 3
For avoiding repetition of discussion of materials these 3 points are considered together. Following are the admitted facts in this case. The complainant is an MBA graduate aged 27 years and a business man by profession. The first opposite party has been conducting matrimonial agency by name Bharat matrimony the second opposite party is the agent of first opposite party having branch office at Mavelikara, Alappuzha Dist. The oral evidence of PW1 would show that the complainant has registered the name before the second opposite party on 16.07.2016 by paying Rs.12,000/- in a regular status for the service of assistaned matrimony. Ext.A1 is the receipt issued by the second opposite party evidencing in the payment of Rs.12,000/- for rendering the services of assistaned matrimony it is also brought out in evidence that the first opposite party made the complainant to believe that if his matrimonial status is upgraded to Elite Matrimony service by paying Rs.50,000/- the first opposite party shall sent suitable profiles and complainant need not wait for more than 4 months for getting a suitable alliance and the opposite party would sent special profile on the basis of that of assurance the complaint on 11.08.2016 has paid Rs.50,000/- and upgraded to Elite Matrimony for a period of 4 months. Ext.A2 is the receipt of evidencing the said payment of Rs.50,000/-. The opposite party has no dispute with regard to the above version sworn to by PW1 in his proof affidavit PW1 also would admit that the petitioner has taken membership of Elite Matrimonial service by paying Rs.50,000/-. However according to PW1 even after upgrading the matrimonial status to Elite Matrimony the opposite parties have been sending ordinary profiles to the complainant and no new profiles have been supplied to the complainant and as the opposite parties have violated the undertaking given to the complainant that they will have to send suitable profiles and the marriage will have to be fixed within 2-3 months the complainant sent a request to convert Matrimonial status from regular status to Elite Matrimony but they failed to do so. Therefore on 05.12.2016 the complainant caused to sent a lawyer notice demanding to return Rs.50,000/- received from him and convert his matrimonial status to regular status but the opposite parties have neither returned the amount nor converted his registration to regular status. Ext.A3 to Ext.A5 would substantiate that the complainant has sent original of Ext.A5 notice and the opposite parties have accepted the same. Ext.A6 is the copy of the E-mail sent from the office of the first opposite party were in the opposite party would make a sincere apology for the inconvenience caused to the complainant. It is stated under clarification No.1 that the opposite party have only less profiles to serve and they cannot provide 'N' number of unviewed profiles on a weekly basis as they are unable to check the complete financial background of the family (in the initial stage). It is further stated in Ext.A6 that disappointment caused to the complainant regarding the assurance made by the sales team, the service team failed fulfil the assurance because of the less number of unviewed profiles and they have also expressed their regret to the inconvenience caused to the complainant. Ext.A6 E-mail is seen concluded by stating apology once again for the inconvenience and disappointment caused to the complainant. In view of the oral evidence of PW1 coupled with Ext.A5 notice and Ext.A6 E-mail it is crystal clear that the opposite parties could not comply with the assurance made by them while converting the status to Elite matrimony. It is further to be pointed out that during the evidence stage RW1 has not denied the allegation of the complainant in the complaint and according to RW1 the opposite parties have supplied similar profiles while the registration of the complainant was in the regular status and also in the Elite Matrimony status. According to PW1 he has rejected the 43 profiles out of Ext.D1 profile containing 47 proposals since those profiles were the profiles sent by the opposite parties during regular status and 3 were considered and those 3 proposals were rejected due to other reasons like want of Jathakaporutham. In view of the above materials it is clear that there is deficiency in service and also unfair trade practice on the part of the opposite parties No.1 and 2.
However it is clear from the available materials that the complainant has utilised service of the opposite parties for about 4 months in Elite Matrimonial service and has considered at least 3 profiles which were suitable for the status of the complainant but unfortunately the complainant was forced to reject the same for want of Jathakaporutham and other reasons. It is true that the opposite parties is have failed to comply with the undertaking given to the opposite party while persuading him to join Elite Matrimony and paying Rs.50,000/- therefore we are of the view that the complainant entitled to get back only 75% of Rs.50,000/- realised by the opposite party as fee for Elite Matrimony.
It is crystal clear from Ext.A6 that much inconvenience has been caused to the complainant for not supplying the suitable profiles to the complainant. The opposite party has argued that Ext.A6 E-mail was sent to protect the relationship between the complainant and the opposite party and therefore the apology sought for in Ext.A6 letter is not sufficient to considered that there was deficiency in service or unfair trade practice on the part of the opposite parties in serving the complainant. In view of the available materials on record including the admissions of RW1 we find little force in the above argument. Admittedly the opposite parties after receiving 50,000/- has sent only 3 profiles which would come within Elite category. The undertaking at the time of receiving Rs.50,000/- as membership fee for Elite Matrimony is that they would supply sufficient profiles so as to enable the complainant to fix the marriage within 90 days but that undertaking was not fulfilled which is clear from Ext.A6 E-mail as well as from the admissions RW1 who is the executive of the opposite party.
The learned counsel for the opposite party further argued that the father of the complainant has demand the opposite parties to disclose the financial status of the bride at the time of sending profiles and that is the reason why the complainant could not supply sufficient number of suitable profiles. PW1 has denied the above aspect when he was in the witness box. However the opposite party has not brought out the specifications or terms and conditions given by the complainant or his father while upgrading the Matrimonial status to Elite Matrimonial status. In the circumstances we find no merit in the above contention also. On evaluating the entire materials available on record we have no hesitation to find that there is deficiency in service and unfair trade practice on the part of the opposite parties No. 1 and 2. According to the complainant he has sustained much mental agony apart from financial loss therefore the complainant is entitled to get reasonable compensation for the mental agony sustained to him. In view of the facts and circumstances of the case the complainant is entitled to get cost of the proceedings also. The points answered accordingly.
Point No.4
In the result complaint stands allowed in the following terms:-
1. Opposite parties No.1 &2 are directed to return Rs.37,500/- as 75% of the fee charged for registering the complainant in the Elite Matrimony category.
2. The opposite parties also directed to pay Rs.10,000/- as compensation for the mental agony sustained by the complainant and Rs.5,000 as cost of the proceedings to the complainant.
3. The opposite parties are directed to comply with the above directions within 30 days from the date of receipt of a copy of this order, failing which the complainant is at liberty to recover Rs.47,500/- with interest at the rate of 9% per annum from the date of filing the complaint till realisation along with cost Rs.5000/- from the opposite parties No.1 and 2 and from their assets.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 24th day of August, 2019.
Sd/-Sri.E.M. Muhammed Ibrahim (President)
Sd/-Smt. Sholy P.R (Member)
Appendix:-
Evidence of the complainant:-
PW1 - P. Sankara Narayan (Witness)
Ext.A1 - Cash receipt dtd 16/07/2016
Ext.A2 - Cash receipt dtd 11/08/2016
Ext.A3 - Postal receipt
Ext.A4 - Acknowledgement card
Ext.A5 - Copy of advocate notice
Ext.A6 - Copy of E-mail dtd 14/11/2016
Evidence of the opposite parties:-
RW1 - Nima P.M (Witness)
Ext.B1 - Profile containing 47 proposals
Ext.B2 - Terms and conditions of membership in Elite Matrimony
Ext.B3 - Letter dtd 28/02/2018
Ext.B4 - Copy of E-mail dtd 12/08/2016
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Sa/-
Compared by:-
