BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI.P.V.JAYARAJAN                                 : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU V.R                                               : MEMBER

C.C. No. 132/2024 Filed on 24/02/2024

ORDER DATED: 29/11/2024

ORDER

SRI. VIJU V.R : MEMBER

The complainant has presented this complaint before this Commission under Section 35 of the Consumer Protection Act 2019.  The brief facts of the case is that the complainant took a membership from the opposite party on 17/06/2024 based on multiple offers and promises made to the complainant.  The complainant paid an amount of Rs.58,000/- to the opposite party, but he had not received the benefits offered to him by the opposite party.  The complainant raised a complainant through customer care as well as email.  But there was no response from the side of the opposite party.  The complainant raised a cancellation request on 29/01/2024.  Even now the grievance of the complainant was not resolved by the opposite party.  The act of the opposite party amounts to deficiency in service, hence this complaint.

2. Even though the notice was served on the opposite party on 13/06/2024 they did not appear before this Commission, hence they were set ex parte on 29/07/2024.  

3. Issues to be ascertained:

1. Whether there is any unfair trade practice or deficiency in  

service from the side of the opposite party?

2. Whether the complainant is entitled to get the reliefs?

4. Issues (i): The complainant has filed proof affidavit in lieu of chief examination and has produced 4 documents which were marked as Ext.A1 to A4.  Ext.A1 is the email communication of cancellation request.  Ext.A2 is the whats app communication.  Ext.A3 is the copy of the membership agreement.  Ext.A4 is the copy of the complainant’s hand written document.  It is evident from Ext.A3 that the complainant has paid Rs.58,000/- to the opposite party.  It can be seen from Ext.A1 that so many complaints were registered by the complainant through the email of the opposite party regarding his grievances.  The opposite party did not turn up, hence the deposition of the complainant stands unshaken and there is nothing to rebut the evidence put forth by the complainant.  The opposite party is bound to redress the grievances of the complainant, but they haven’t done that.  From the documents produced by the complainant, we find that the complainant has succeeded in proving his case and there is deficiency in service from the side of the opposite party, hence the opposite party is liable to compensate the complainant.

In the result the complaint is allowed.  The opposite party is directed to pay a sum of Rs.58,000/-(Rupees Fifty Eight Thousand Only) to the complainant and also directed to cancel the membership of the complainant and pay Rs.15,000/- (Rupees Fifteen Thousand Only) as compensation to the complainant for the mental agony suffered by the complainant and Rs. 2,500/- (Rupees Two Thousand Hundred Only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the amount except cost carries interest @ 9% per annum from the date of order till realization. 

A copy of this order as per the statutory requirements is forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 29^th  day of November,  2024.

                                          Sd/-

                                                P.V.JAYARAJAN                 : PRESIDENT

          Sd/-

PREETHA G. NAIR             : MEMBER   

 Sd/-

                                                                 VIJU V.R                           : MEMBER   

          C.C.No.132/2024

    APPENDIX

I           COMPLAINANT’S WITNESS:

II          COMPLAINANT’S DOCUMENTS:

III         OPPOSITE PARTY’S WITNESS:

IV        OPPOSITE PARTY’S DOCUMENTS:

V.        COURT EXHIBIT:

                   NIL          

                                                                                                       Sd/-

PRESIDENT