ORDERS:

Charanjit Singh, President;

1        The complainant has filed the present complaint under Section 34, 35, 36 and 38 of the Consumer Protection Act (herein after called   as 'the Act') against the opposite parties by alleging that the opposite party No.1 i.e. "Ezi Marriage Bureau (regd.)" is dealing in matrimonial services for searching matching/ desirable bride & grooms for its customers and the O.P No.2 i.e. Mamta Rani is M.D. working manager of the O.P. No.1 and used to deal with the customers for providing the above services. The nephew of the complainant namely Dalveer Singh is residing & settled in abroad i.e. at Canada and the complainant was in search for suitable bride for his nephew as such he used to search the match through newspaper advertisement. On 6.11.2022, the complainant saw a suitable advertisement in the newspaper for his nephew and he called on the mobile number given in the advertisement. The recipient of the call introduced herself as Mamta Rani M.D/ working manager of Ezi Marriage Bureau and she further inquired about the requirement of matching bride for the nephew of the complainant. The complainant has provided all details including the education qualifications of his nephew and asked about the advertisement given in the newspaper. The O.P No.2 told him that firstly the complainant has to pay them the fee of Rs.13,000/- to them and thereafter they will introduce them with matching brides and for the said of purpose, they had sent photographs of two girls alongwith their biodata and profession to the complainant. Thereafter, the complainant has deposited the amount of Rs.13,000/- as fee in the bank account of the OP No.2 and thereafter the O.Ps. have promised to arrange meeting of the required match/their parents for the nephew of the complainant within few days. After passing of some days, the O.Ps have not arranged any meeting as such the complainant has asked the OP No. 2 about the meeting and the O.Ps have lingered on the matter after giving some excuses. After some days, the complainant again contacted the O.Ps but this time, the authorized official of the O.P, dealt very rudely with the complainant and have not given any satisfactory answer to the quarries made by the complainant. The complainant got astonished to hear the tone of the O.Ps. After some days, the complainant again contacted the O.Ps but this time, they flatly refused to arrange any meeting with suitable match for the nephew of the complainant. At that time, the complainant has requested them that if they are unable to find any match or unable to arrange any meeting with any suitable match/their parents then they should return back the amount of fee as paid by him but the O.Ps have flatly refused to do the same. Afterwards, the complainant had made several requests to the O.Ps in this regard for return of the money but the O.Ps have not paid any heed towards the genuine requests made by the complainant. The opposite parties have failed and refused to perform their duty towards their client and further told in very un-business like manner with the complainant. The complainant has prayed that the opposite parties may be directed to refund the amount of Rs. 13,000/- to the complainant and prayed Rs. 20,000/- as compensation and Rs. 10,000/- as litigation expenses. Alongwith the complaint, the complainant has placed on record affidavit of complainant Ex. C-1, attested copy of newspaper cutting Ex. C-2,  self attested copy of photographs and Biodata Match Ex. C-3,  self attested copy of photographs and Biodata Match Ex. C-4, self attested copy of address proof of Opposite Party is Ex. C-5, Self attested copy of Bank details of opposite party No. 2 Ex. C-6, Self attested copy of amount transfer document to opposite party Ex. C-7, self attested copy of Adhar Card of Dalveer Singh ex. C-8, self attested copy of abroad D.L. of Dalveer Singh Ex. C-9, Self attested copy of Health Card of Dalveer Singh Ex. C-10, Self attested copy of Degree Certificate of Dalveer Singh Ex. C-11, self attested copy of IT certificate and Dalveer Singh Ex. C-12, Self attested copy of Adhar Card of Satvinder Singh Ex. C-13.

2        Notice of this complaint was sent to the opposite party but no one appeared on behalf of opposite party and consequently, the opposite party was proceeded against exparte vide order dated 19.4.2023.

3        We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.

4        The complainant has produced on record his affidavit Ex. C-1 and declared that  the opposite party No.1 i.e. "Ezi Marriage Bureau (regd.)" is dealing in matrimonial services for searching matching/ desirable bride & grooms for its customers and the O.P No.2 i.e. Mamta Rani is M.D. working manager of the O.P. No.1 and used to deal with the customers for providing the above services. The nephew of the complainant namely Dalveer Singh is residing & settled in abroad i.e. at Canada and the complainant was in search for suitable bride for his nephew as such he used to search the match through newspaper advertisement. On 6.11.2022, the complainant saw a suitable advertisement in the newspaper (Ex. C-2) for his nephew and he called on the mobile number given in the advertisement. The recipient of the call introduced herself as Mamta Rani M.D/ working manager of Ezi Marriage Bureau and she further inquired about the requirement of matching bride for the nephew of the complainant. The complainant has provided all details including the education qualifications of his nephew and asked about the advertisement given in the newspaper. He further declared that the O.P No.2 told him that firstly the complainant has to pay them the fee of Rs.13,000/- to them and thereafter they will introduce them with matching brides and for the said of purpose they had sent photographs of two girls alongwith their biodata and profession to the complainant which are Ex. C-3 and C-4. Thereafter, the complainant has deposited the amount of Rs.13,000/- as fee in the bank account of the OP No.2  vide Ex. C-7 and thereafter the O.Ps. have promised to arrange meeting of the required match/their parents for the nephew of the complainant within few days. After passing of some days, the O.Ps have not arranged any meeting as such the complainant has asked the OP No. 2 about the meeting and the O.Ps have lingered on the matter after giving some excuses. After some days, the complainant again contacted the O.Ps but this time, the authorized official of the O.Ps,  dealt very rudely with the complainant and have not given any satisfactory answer to the quarries made by the complainant. The complainant got astonished to hear the tone of the O.Ps. After some days, the complainant again contacted the O.Ps but this time, they flatly refused to arrange any meeting with suitable match for the nephew of the complainant. At that time, the complainant has requested them that if they are unable to find any match or unable to arrange any meeting with any suitable match/their parents then they should return back the amount of fee as paid by him but the O.Ps have flatly refused to do the same. Afterwards, the complainant had made several requests to the O.Ps in this regard for return of the money but the O.Ps have not paid any heed towards the genuine requests made by the complainant. The opposite parties have failed and further refused to perform their duty towards their client and further dealt in very un-business like manner with the complainant and prayed that the present complaint may be allowed.

5        The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Parties are proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Parties and opposite parties did not appear in this Commission in order to contest the complaint which shows that the Opposite Parties have nothing to say upon the allegations leveled against them by the complainant. Moreover, it is duty of the marriage Bureau that if they have received the money from the complainant, they have to satisfy their client in every manner. For the parents it is an emotional feeling to get a suitable match for their son/ daughter. Mere refusal for a suitable match and not returning the fee is not legal and justified. As such, the complainant is entitled to the relief claimed in the complaint and it stands established on record that the complainant is approaching the opposite parties several times but the opposite parties did not care to resolve the matter, not only committed deficiency in service, but also indulged in an unfair trade practice.             

6        In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite Parties. The opposite parties are directed to return Rs. 13,000/- to the complainant. The complainant has been harassed by the opposite parties for a long time, therefore,  the complainant is entitled to Rs.10,000/- as compensation on account of harassment and mental agony and Rs 10,000/-as litigation expenses. Opposite Parties are directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of filing instant complaint till its realisation. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.

Announced in Open Commission

25.05.2023