Smt. Shampa Ghosh, Hon’ble Member:-
The case was filed by Shri Avik Rudra, A/40, Nabapally, Kolkata-700 107 against “Gant Bandhan” Matrimony Pvt. Ltd. Kolkata Branch, Kolkata – 700 072.
The case of the complainant in brief is that the complainant took a membership of Gant Bandhan Matrimony on 10.11.2022 for his marriage as ‘Ghar Jamai’ purpose. The complainant was assured over phone by the OP that they will provide hundred profiles with suitable matching. Complainant stated that after taking membership, the OP sent some fake and unmatched profile which does not match with the complainant’s requirement. Complainant paid Rs.3500/- to the OP as membership. Complainant also stated that the OP sent only 10 profiles and that profile was not suitable to the specifications mentioned by the complainant. The OP did not fulfill their commitment and in providing fresh profile. Thereafter the complainant filed the instant complaint case before the Commission with a prayer for settlement of matching profile or refund the cash Rs.3500/- which was paid at the time of taking membership.
Op contested the case by filing written version. OP stated that they have provided the service as per their invoice. OP sent 10 suitable profiles to the complainant as per their agreement. OP stated that they mentioned in their invoice that they will send 10 profile and validity period was 60 days. OP stated that they can match profile but they cannot force anyone to accept. OP sent 10 matching profile as per the criteria of the complainant. OP also stated that, if the complainant agrees then the OP is ready to provide more profiles.
Points for consideration :-
- Is the complainant a consumer?
- Is the OP guilty of deficiency in service and unfair trade practice?
- Is the complainant entitled to get relief as prayed for?
Decisions with reasons :-
Points No.1 :-
On perusal of the case records along with the copies of documents available on record, it appears that the complainant took membership of “Gant Bandhan” Matrimony and paid Rs.3500/- to the OP. The OP acknowledged the same by issuing money receipt. Therefore the complainant is a consumer as defined U/S 2(7) of the C.P. Act., 2019.
As such, the 1st point is in favour of the complainant.
Points No.2 & 3 :-
Both points are taken up together for the sake of convenience and as they are interlinked.
The complainant took membership at ‘Gant Bandhan’ Matrimony on 10.11.2022 for his marriage as ‘Ghar Jamai’ purpose. The complainant was assured over phone by the OP that they will provide 100 profiles with suitable matching. Complainant paid Rs.3500/- to the OP for ‘Gant Bandhan’ Matrimony membership. OP sent 10 matching profile to the complainant as per their agreement. But the complainant was not satisfied with the services as OP was unable to provide a suitable match. So the complainant prays for settlement of matching profile or refund the cash of Rs.3,500/- which was paid.
Matrimonial Site does not guarantee marriage. Matrimonial Portal can only facilitate marriage without guarantee of marriage. It is clear from the matter of the record, that OP sent 10 matching profiles as per criteria of the complainant. It is clearly mentioned in the invoice that the OP will provide 10 marching profiles and validity was for 60 days. The membership fees was paid which is not refundable and there is no assurance / guarantee of marriage.
Therefore, it is concluded that there is no deficiency in service on the part of the OP. As such, it is clear that the complainant is not entitled to get relief as prayed for.
In the result, the complaint case succeeds.
Court fees paid is correct.
Hence, it is,
ORDERED
that the instant complaint case be and the same is hereby dismissed on contest.
There is not order as to cost.
Let a copy of this order be supplied free of cost to the parties concerned.
That the final order will be available in the following website:www.confonet.nic.in.
Dictated and corrected by me.
Shampa Ghosh
Member
