Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 17.07.2018
Anil Kumar Singh
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to pay Rs. 50,000/- for mental and physical agony of the complainant.
- To direct the opposite party to pay Rs. 1,100/- for life membership which is also returnable with interest due to breach of contract and litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has taken Life Membership of Magazine namely Chikitsa Palav Magazine after paying Rs. 1,100/- to opposite party. The aforesaid magazine was being sent to the complainant through registered post till 2014 and after 2014 the opposite party stopped sending of the aforesaid magazine on the ground of change of address of the complainant as will appear from annexure – 4. When the magazine was not received from the opposite party then the complainant has given legal notice as will appear from annexure – 3 and 3/1. The identity card showing that complainant is the life member of Chikitsa Palav magazine has been annexed as annexure – 1. Annexure – 2 is cover of the magazine showing the address of the complainant.
The grievance of the complainant is that despite repeated request the opposite party has not sent the copy of the aforesaid magazine after February 2014.
From record it appears that when the registered notice dated 15.12.2015 sent to opposite party did not returned unserved then vide order dated 05.05.2016 the Tamila was declared valid and thereafter several opportunity were given to opposite party for filing written statement and when opposite party did not filed written statement then opposite party was debarred from filing written statement and this case was heard ex – parte.
It is needless to say that as per annexure – 1 it is crystal clear that complainant is life member and as such he is entitled to receive the aforesaid magazine for the life time.
It goes without saying that as the aforementioned facts has been asserted by the complainant on solemn affirmation and there is no counter version of the opposite party. Hence, we have no option but to rely on the statement of the complainant made in complaint petition which clearly discloses deficiency on the part of opposite party.
For the discussion made above we direct the opposite party to send the copy of aforesaid magazine to the complainant regularly after February 2014 and thereafter on regular basis.
We further direct that if the opposite party is unable to send the magazine on regular basis then he is directed to return Rs. 1,100/- to the complainant.
Opposite party is further directed to pay Rs. 500/- ( Rs. Five Hundred only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly, this complaint stands allowed to the extent referred above.
Member Member (F) President
