D.O.F:07/01/2023

                                                                                                         D.O.O:05/02/2024

IN THE CONSUMER DISPUTES  REDRESSAL COMMISSION, KASARAGOD

CC.8/2023

Dated this, the 05^th day of February 2023

PRESENT:

SRI.KRISHNAN.K                          : PRESIDENT

SMT.BEENA.K.G                               : MEMBER

Siddique Kaikamba

Hasina Manzil,

Bayar Road, Kaikamba,

Uppala, 671322.

Kasaragod district.                                                                            : Complainant

                                                               And

Dominanants

Abhiman Plaza, 2^nd Floor, Above Pai International,

Bunts Hostel Circle

Mangalore, Karnataka.

Pin – 575003.                                                                                    : Opposite Party

ORDER

SMT.BEENA.K.G : MEMBER

            The facts of the case in brief is that the complainant is a subscriber of Apple Bees monthly magazine for school children.  The opposite party is the publisher of the above said magazine.  The opposite party’s office was functioning at Mangalore.  The complainant took subscription of the magazine for his 9 years old daughter.  The opposite party’s representative one Mr. Arshad came to the house of the complainant at Kasaragod and received the subscription advance amount of the magazine Rs.500/-.  At the time of receiving money, the aforesaid Arshad offered that the complainant will get the magazine in their home in the coming months.  But so far, neither the magazine nor any information from the opposite party received.  Thereafter, the complainant contacted the representative of the company, but no answer is received.  The complainant’s daughter was curiously waiting for the magazine and the long delay in receiving the magazine disappointed her.  Due to the deficiency in service and unfair trade practice on the part of opposite party, the complainant and his daughter undergone loss and severe mental agony.  Hence the complaint for necessary redressal. 

            Even though notice is served, opposite party remained absent.  Name called absent, set exparte.

            The complainant filed proof affidavit in lieu of examination and the documents produced are marked as Ext.A1 and A2.  The case of the complainant is that, the opposite party who is the publisher of Apple Bees has received Rs.500/- as advance subscription amount from the complainant for the magazine Apple Bees for the next one year.  One Mr. Arshad, representative of the opposite party has received the amount from the complainant and offered them that they will receive the magazine in their home in the following months.  By hearing his promise, the 9 year old daughter of the complainant was waiting for the magazine, imagining the moment she peruse the contents of the magazine.  But even after several months of waiting also the opposite party failed to supply the magazine to the complainant as promised.  The non-supply of the magazine by opposite party caused loss and mental stress to the complainant and his daughter.  The complainant’s daughter became disappointed and inactive.  Ext. A1 and A2 are produced to prove payment of the advance subscription amount to the opposite party by the complainant.  Ext A2 is the brochure of opposite party.  As per Ext.A1, the subscription advance was received on 2022. 

The main questions raised for consideration are;

1. Whether there is any deficiency in service or unfair trade practice on the part of opposite party?
2. Whether the complainant is entitled for relief?
3. If so, what is the relief?

Considering all the points together.  The complainant as a subscriber of Apple Bees  magazine for children has given an advance amount of Rs.500/- to opposite party in 2022, on an assurance given by opposite party that, thereafter the complainant will receive the magazines in their house in the coming months.  The daughter of the complainant was curiously waiting for the magazine.  But so far neither the magazine nor any information regarding the magazine is received.  Ext. A1 & A2 are the proof for booking of the magazine.  But due to the negligence on the part of opposite party, the magazine is not supplied so far.  There is a gross deficiency in service and unfair trade practice on the part of opposite party, in non-supply of the magazine even after receiving the advance amount, which caused severe mental agony to the child. The opposite party actually mislead the complainant in order to attract him to be a subscriber of the magazine .But the opposite party failed to fulfill his promises. Hence the complainant is entitled for relief. 

Considering the facts and circumstances of this case, this Commission holds that, an amount of Rs. 5,000/- is a reasonable compensation in this case along with refund of the subscription amount.  The complainant is also entitled for the cost of litigation of Rs. 3,000/-. 

In the result, complaint is allowed directing opposite party to refund Rs. 500/- (Rupees Five hundred only) with interest with a compensation of Rs. 5,000/- (Rupees Five thousand only) and cost of Rs. 3,000/- (Rupees Three thousand only) to the complainant within 30 days from the date of receipt of copy of this order. 

     Sd/-                                                                                                                   Sd/-

 MEMBER                                                                                                     PRESIDENT

Exhibits

A1- Cash bill

A2 – Brochure

     Sd/-                                                                                                                   Sd/-

 MEMBER                                                                                                     PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

JJ/