Tamil Nadu

South Chennai

463/2008

Muthamil Selvan - Complainant(s)

Versus

Deputy Chairman, The Times of India - Opp.Party(s)

Party in Person

11 Jan 2018

ORDER

                                                                                                                           Date of Filing  : 14.11.2008

                                                                          Date of Order : 11.01.2018

DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, CHENNA (SOUTH)

2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

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

                 TMT. K. AMALA, M.A. L.L.B.                                :  MEMBER-I

CC. NO.463/2008

THURSDAY THE 11^th DAY OF JANUARY 2018

Muthtamil Selvan,

No.15, Bharathi Nagar,

Second Street,

Korrukupet,

Chennai - 21.                                                       .. Complainant.

 

                                      ..Vs..

 

The Deputy Manager,

Time of India

(The Bennett, Coleman & Co. Ltd.,),

Chennai Edition,

No.123, Chambers Road,

Nandanam,

Chennai – 35.                                                   .. Opposite party.

 

 

Counsel for complainant         :  Party in person  

Counsel for opposite party      :  M/s. S.Vijayaraghavan & other 

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 seeking direction to pay a sum of Rs.299/- paid towards yearly subscription for the newspapers  Times of India and also to pay a sum of Rs.75,000/- as compensation for mental agony and Rs.5,000/- towards cost of the complaint. 

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

          The complainant submit that during the month of June 2008 the opposite party agent Mr.Thiyagarajan contacted the complainant and explained in detail regarding the of yearly  subscription to the  Times of India Newspaper.  The complainant also paid a sum of Rs.299/- towards 12 months subscription.  Further the complainant state that Mr. Suresh, Distributed the newspaper regularly from  16^th July 2008 to 15^th August 2008 and collected the coupon  for end of 15.8.2008 and demanded 12 months coupon  from 16.8.2008 for further distribution of Newspaper in advance.   Since the complainant refused to give the coupons  distributor has not supplied Newspaper from 17.8.2008.  Immediately the complainant  complained the fact in subscriber Helpline.  On 18.8.2008 also no newspaper supplied for that also the complainant lodged the complaint through the subscriber help line resulting a loss of Rs.4.50 and Rs.7.50 on 19.8.2008 and 21.8.2008 the complainant sent a complaint to the opposite party by speed post that for 10 days from 17.8.2008 the opposite party has not distributed the newspaper.  Till  20.10.2008 there was no response from the opposite party.  As such the act of the opposite party amounts to deficiency in service which caused mental agony and hardship to the complainant. 

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

The  opposite party deny each and every allegations except those that are specifically admitted herein.  The opposite party submit that  the complainant subscribed to the Times of India Daily Newspaper to his address on 30.6.2008.  The opposite party on the instruction of the complainant started supply from 15.7.2008 through a vendor named Suresh.   There was no stoppage in the supply of newspaper at all.   On 17.8.2008 the opposite party subscribers helpline got a complaint from the complainant regarding non supply of newspaper.  The opposite party representative immediately contacted the complainant and enquired about the issues.   After talking to the complainant the company representative contacted the vendor immediately and tried to resolve the complaint. The vendor informed the opposite party that the complainant refused to give the coupon issued from the company for the supply made for the period 15^th July to 15^th August  though the fact and in reality the supply had been continuously made.    The opposite party further submit that on the customers demand opposite party, also changed the vendor Suresh and appointed one Mr.Iman for the supply.   The supply of the newspaper was continued form 28.9.2008.  Hence there is no deficiency in service on the part of the opposite  party and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A5. marked.  Proof affidavit of the opposite party filed and Ex.B1 & Ex.B2  marked on the side of the  opposite party.

4.      The points for consideration is :

1. Whether the complainant is entitled to pay a sum of Rs.299/- paid towards yearly subscription for the newspaper Time of India as prayed for?

2. Whether the complainant is entitled to pay a sum of Rs.75,000/- as compensation for mental agony with cost as prayed?

5.      POINTS 1 & 2: -

        The opposite party filed written argument.  The complainant has not  preferred to file neither written argument nor advanced any oral argument.  Perused the records  (viz) complaint, written version, proof affidavits  and documents.   The contention of the complainant is that during the month of June 2008 the opposite party agent Mr.Thiyagarajan contacted the complainant and explained in detail regarding the yearly  subscription towards the  Times of India Newspaper.  The complainant also paid a sum of Rs.299/- towards 12 month subscription as per Ex.A1 and Ex.A2.  Further the complainant contended that Mr. Suresh, Distributored the newspaper regularly from  16^th July 2008 to 15^th August 2008 and collected the coupon  at the end of 15.8.2008 and demanded 12 month coupons  from 16.8.2008 for further distribution of Newspaper in advance.   Since the complainant refused the distributor has not supplied Newspaper from 17.8.2008.  Immediately the complainant  complained the fact in subscriber Helpline.  On 18.8.2008 also no newspaper supplied for that also the complainant lodged the complaint through the subscriber help line resulting a loss of Rs.4.50 and Rs.7.50 on 19.8.2008 and 21.8.2008 the complainant sent a complaint to the opposite party by speed post that for 10 days from 17.8.2008 the opposite party has not distributed the newspaper.  Till  20.10.2008 there was no response from the opposite party.  Hence the complaint filed this complaint claiming compensation.  

6.     The contention of the opposite party is that admittedly the complainant subscribed to the Times of India Daily Newspaper to his address on 30.6.2008.   From 16.7.2008 onwards the distributor Mr. Suresh suppied the Newspaper.  A complaint dated 17.8.2008 of the complainant regarding non supply of Newspaper was received by the opposite party representative and contacted the complainant and explained about the issue.   On enquiry the distributor / Vendor Mr. Suresh informed the opposite party that the complainant refused to give the coupon for supply made for the period  15^th July  to  18^th August.  But there is no record.  Further the contention of the opposite party is that in order to maintain the distributorship the vendor Mr.Suresh has been changed and one Mr. Iman was appointed  for the supply of Newspaper and his supply of the newspaper was continued from 28.9.2008.  The allegation of the complainant that the opposite party committed deficiency in service much less non supply of Newspaper is absolutely false.   The non supply of newspaper is only due to the refusal of coupon  by the complainant.  The compensation claimed by the complainant is exorbitant.  The allegation of mental agony are imaginary.   Considering the facts and circumstances of the case this forum is of the considered view that the complainant is not entitled to any relief as prayed for in this complaint and the points are answered accordingly.

        In the result the complaint is dismissed.  No cost. 

 

          Dictated  by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 11^th day of January 2018. 

MEMBER –I                                                                           PRESIDENT.

COMPLAINANT’S SIDE DOCUMENTS:

Ex.A1-               - Copy of Subscription plant offer.

Ex.A2- 30.6.2008  - Copy of Order cum receipt.

Ex.A3- 19.8.2008  - Copy of complaint letter addressed to opposite party.

Ex.A4- 18.9.2008  - Copy of complaint letter addressed to opposite party.

Ex.A5- 18.9.2008  - Copy of Ack. Card.

OPPOSITE  PARTIES SIDE DOCUMENTS:  

Ex.B1-             - Copy of list containing names and details.

Ex.B2-             - Copy of Coupon.

MEMBER –I                                                                           PRESIDENT.