Tamil Nadu

South Chennai

CC/415/2015

M/s.Ashok Chakravarthy - Complainant(s)

Versus

Bennet Coleman & Co Ltd., The Times of India chennai Edition - Opp.Party(s)

Akila

04 Nov 2019

ORDER

                                                                             Date of filing      : 29.10.2015

                                                                               Date of Disposal : 04.11.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.415/2015

DATED THIS MONDAY THE 04^TH DAY OF NOVEMBER 2019

                                 

K. Ashok Chakravarthy,

S/o. Mr. K. Appa Rao,

No.237/437, First Floor,

Appa Rao Gardens,

Sydenhams Road Choolai,

Chennai – 600 112.                                                        .. Complainant.    

                                                                                               ..Versus..

 

Bennet Coleman & Co. Ltd.,

The Times of India,

Chennai Edition,

Represented by its Branch Head (RMD),

No.123, Chamiers Road,

Nandanam,

Chennai – 600 035.                                                   ..  Opposite party.

 

Counsel for the complainant     : M/s. M. Akila & others

Counsel for the opposite party : M/s. Prashant Rajagopal & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of Rs.1,25,000/- towards compensation for deficiency in service, pain and sufferance and with cost of Rs.5,000/- to the complainant.

 

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he is a subscriber of the opposite party for more than 3 years.  On 27.02.2014, the complainant paid a sum of Rs.299/- by way of cheque No.007704 drawn on Central Bank of India, Chennai – 3 towards subscription (subscriber I.D.29695014) for a period of 12 months for the due supply of the following newspaper namely; Times of India and Sunday Times of India, Chennai Edition.  The complainant submits that the opposite party is supplying Times of India and Sunday Times of India for the year 2014-15.  The News paper used to be supplied between 8.00 a.m. to 9.00 a.m.   Even after repeated requests, the newspaper was not supplied earlier which caused inconvenience.  Suddenly from 05.01.2015, the opposite party stopped supplying the newspaper.  Even after repeated calls through phone, there is no response.  The complainant submits that one Mr. E. Feroz Khan approached for renewal of subscription for the year 2015-16 and collected a sum of Rs.499/- by cheque No.031534 on 14.03.2015 and issued receipt and assured for the supply of news paper shall be regular and also stated that he would refund the cost of the newspaper for non supply from 05.01.2015 till that date.  The complainant submits that the opposite party has not supplied the news paper as per the promise.   Even after repeated phone calls to CRM, there is no response.  Hence, the complainant sent an email but of no use.  Finally the complainant sent a registered letter dated:05.06.2015 which was acknowledged by the opposite party on 06.06.2015. Though the opposite party having acknowledged through said letter till date, they have not chosen to reply nor supplied the news paper from 05.01.2015 which amounts to deficiency in service on  the part of the opposite party.  The complainant has to come down from the second floor for the purchase of newspaper by crossing 500 meters to 1000 meters every day at his old age.  The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.    The opposite party states that the supply of news paper was stopped from 05.01.2015 is not correct.  Infact, the only complaint received from the complainant was regarding late supply of newspaper which was resolved by the News Agent, Ramu News Agencies to the satisfaction of the complainant.  The opposite party states that no representative of the opposite party has influenced or approached the complainant for renewal of subscription for the year 2015-2016.  It is denied that any representative of the opposite party had assured refund of the cost of non-supply from 05.01.2015 to 27.02.2015.  It is denied that there was non-supply of newspaper from 05.01.2015 to 26.02.2015.  No mental agony or hardship has been suffered by the complainant as a result of act of the opposite party. There is no element or intent of cheating and fraud by the opposite party on the complainant.  The opposite party states that the compensation claimed is exorbitant.  Therefore, there is no deficiency in service on the part of the opposite party and hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A5 are marked.  Proof affidavit of the opposite party is filed and no document alone is marked on the side of the opposite party.

4.      The point for consideration is:-

Whether the complainant is entitled to a sum of Rs.1,25,000/- towards compensation for deficiency in service and mental agony  with cost as prayed for?

5.      On point:-

Both parties filed their respective written arguments.  Heard the complainant’s Counsel also.  Perused the records namely; the complaint, written version, proof affidavit and documents.  The complainant pleaded and contended that he is a subscriber of the opposite party for more than 3 years.  On 27.02.2014, the complainant paid a sum of Rs.299/- by way of cheque No.007704 drawn on Central Bank of India, Chennai – 3 towards subscription (subscriber I.D.29695014) for a period of 12 months for the due supply of the following newspapers namely; Times of India and Sunday Times of India, Chennai Edition.  Ex.A1 is the copy of order cum receipt.  Further the contention of the complainant is that the opposite party is supplying Times of India and Sunday Times of India for the year 2014-15.  The News paper used to be supplied between 8.00 a.m. to 9.00 a.m.   Even after repeated requests, the newspaper was not supplied earlier which caused great inconvenience.  Suddenly from 05.01.2015, the opposite party stopped supplying the newspaper.  Even after repeated calls through phone, there is no response. 

6.     Further the contention of the complainant is that one Mr. E. Feroz Khan approached for renewal of subscription for the year 2015-16 and collected a sum of Rs.499/- by cheque No.031534 on 14.03.2015 and issued receipt and assured for the supply of news paper shall be regular.  Ex.A2 is the copy of order cum receipt dated:14.03.2015.  If there is no supply, the cost of the news paper will be refunded.  Further the contention of the complainant is that the opposite party has not supplied the news paper as per the promise.   Even after repeated phone calls  to CRM there is no response.  Hence, the complainant sent an email but of no use.  Finally the complainant sent a registered letter dated:05.06.2015 as per Ex.A3 which was duly acknowledged by the opposite party as per Ex.A4.  the opposite party was duly informed the supply of newspaper was stopped from 05.01.2015 caused great inconvenience.   The complainant has to come down from the second floor for the purchase of newspaper by crossing 500 meters to 1000 meters every day at this old age proves the deficiency in service and unfair trade practice.  The complainant is claiming a sum of Rs.1,25,000/- towards compensation for deficiency in service and mental agony with cost.

7.     The contention of the opposite party is that the allegation that the supply of news paper was stopped from 05.01.2015 is not correct.  But the opposite party has not produced any documents to prove the due supply of newspaper from 05.01.2015 was made and continuously.  Further the contention of the opposite party is that claiming the cost of the news paper on the market price and compensation for purchasing the new paper crossing 500 to 1000 meters from the second floor also not proved by the complainant; is not acceptable.  Because in the address for service itself, the complainant was residing in the first floor.  Since there is no supply of news paper even after the payment, the complainant would be compelled to purchase the newspaper by walk which shall cause great inconvenience at this age of the complainant who is a Senior Citizen.  Further the contention of the opposite party is that the compensation claimed is exorbitant.  There is no basis for such huge compensation.  But it is not denied that the complainant has paid the annual subscription without any default for the due supply of news paper Times of India and Sunday Times of India, Chennai Edition.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall pay a compensation of Rs.15,000/- for mental agony with cost of Rs.5,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite party is directed to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) towards compensation for deficiency in service and mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The above amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 04^th day of November 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	27.02.2014	Copy of Order cum receipt
Ex.A2	14.03.2015	Copy of Order cum receipt
Ex.A3	05.06.2015	Copy of notice
Ex.A4	06.06.2015	Copy of acknowledgement
Ex.A5	26.03.2015	Copy of bank pass book

 

OPPOSITE PARTY SIDE DOCUMENTS:-  NIL

 

MEMBER                                                                                                                                                                   PRESIDENT