Complainant in this present complaint has submitted that complainant is a spinster for which her elder brother was in need of better matrimonial companion, attached with the marriage bureau to the ops and op no.1 is an organization who conducts marriage bureau in its branch office at Kolkata as mentioned in the above and op no.2 is a company within the meaning of the Companies Act, 1956 who regulates the op no.1 and collects all the fees/charges of matrimonial services from the proposers on behalf of the op no.1.

          Complainant no.1 in need of better marital profile for his younger sister complainant no.2 was captivated with deceitful presentation by the ops and their deceptive matrimonial advertisement for groom duly published on 18.05.2014 in the official newspaper of Sanmarg and in the said matrimonial advertisement the ops had published that a male profile whose academic qualification C.A. and C.S. is availed of to meet for marriage by the matrimonial service of the ops.

          In pursuant to the matrimonial advertisement of the ops, complainant no.1 was asked to send the biodata of his younger sister complainant no.2 which the complainant no.1 sent the same forthwith on 20.05.2014 through his email at about 03:13 P.M. and in reply the ops also sent the biodata of groom to the complainant no.1 on 20.05.2014 at about 03:48 P.M. and in pursuant to the similar caste and also allured with the best match for his sister, the complainant no.1 was induced by the ops and their executives to deposit of Rs. 5,500/- which the complainants paid the same without any further delay and a money receipt was duly issued by the ops being S. No. GKB 180477 dated 24.05.2014 in the name of the complainant no.2.

          Since after the deposition of the amount as prescribed by the ops, the executives/representatives of the op nos. 3 & 4 and many other officials whose names are not known to the complainants willfully ignored the matter and whenever the complainant no.1 pursued about such profile over the phone, ops used to speak by someone new person who illusively displayed lack of knowledge about the profile and registration.

          That on 11.06.2014 complainant no.1 was intimated by the ops that a meeting with the family of such profile has been scheduled, wherein the complainant no.1 was instructed to be positively come with his family members and to attend the meeting and accordingly complainant no.1 with his old ailing father aged about 74 years and one younger brother went to the office of the op no.1 at P-39, Prncep Street, Near Chandni Metro Station, Kolkata – 72 with a positive aspiration that in anyhow his sister’s marriage will be settled with such profile, but complainant no.1 and his family members were surprised that instead of selected profile, the officials of the ops met with another person of distinct caste and profile. 

Thereafter complainant no.1 had made several attempts over phone and also personally visited to the above addresses of the ops, but the ops did not give any suitable response either to fix the meeting or to make over the mobile number of the groom’s family for direct communication.  But fact remains that even after such assurance as given by the ops till date the ops have neither informed the complainants about any meeting with the groom’s side nor trying to entertain them over the phone and when the complainant no.1 tried and called to account the ops about the meeting with the groom’s side, then they outwardly agreed to be scheduled the date for meeting in vain display but disgress the matter immediately thereafter.  Being deceived and dissatisfied by the op, complainant realized that ops have their no capacity or no such profile to give proper services to the complainant even after receipt of the entire amount and no service has been given by the ops and in very negligent and deficient manner, they have somehow or otherwise received the said amount for arranging his sister marriage after supplying profile.  But everything is found false and truth is that complainant when realized that it is a fake concern, complainant sent a notice vide through his Ld. Advocate on 18.08.2014.  But op nos.1 to 4 neither rejecting nor taking any action and fact remains that they received the said notice but did not deny the allegation as made in the notice and in the above circumstances, complainants are filed this complaint praying for awarding such relief and redressal for deficiency in service and also for conducting such unfair trade practice in respect of matrimonial service etc.

Fact remains that in respect of the present complaint, notices were sent to the ops and they received the said notices duly but ops did not ultimately contest this case though they got such chance to contest or to deny the allegation of the complainant.  Accordingly the case was heard exparte.

                                               Decision with reasons

After proper study of the complaint including the material documents that is publication in the Sanmarg regarding the ops business of rendering service on payment by the customers for arranging marriage and fixing agreement.  Truth is that the op no.1 Gathbandhan collected all documents from the complainant and received the said service charge amount of Rs. 5,500/- for such service and that payment was made by the complainant on 24.05.2014 and the receipt as filed by the complainant has proved the fact of payment of such amount for hiring service from the op.

In fact from other letters it is clear that complainant sent letters to the op asking them to give such service for giving matrimonial profile for complainant’s sister namely Mamta Km. Singh of Rishra.  But truth is that registration was made through Gathbandhan but no service was rendered by the op which is also proved from the fact.  Complainant ultimately sent a notice dated 18.08.2014 through his Ld. Lawyer and that was received by the ops but they did not give/render any service and neglected to render any service to the complainant even after receipt of Rs. 5,500/- and the entire evidence is unchallenged testimony and documents are produced though ops got a chance to take a defence in the present complaint by appearing.

Considering the conduct of the ops and their non-appearance even after notice of this complaint and also demand notice as received by the ops prior to filing of this case but they are very silent.  But it is proved that they are dealing a business of matrimonial services for which they are taking money from the customers but they are giving no service.  But the family members have their headache to make a good marriage of their daughters/sisters or other and Gathbandhan has published that their concern is very good concern to give such matrimonial service but ultimately they have failed to give any service to the complainant even after receipt of Rs. 5,500/- and no doubt such an act on the part of the ops is unfair trade practice, deceitful manner of trade.  But anyhow as the consumer, complainants have been deceived by the ops even after hiring their service on payment of Rs. 5,500/-, we are convinced to hold that complainants have proved their allegation against the ops beyond any manner of doubt.  

          In this case we are expressing with deep anxious about the conduct of the present ops who are claiming that they are well known concern for providing matrimonial service to arrange marriage of the daughters/sisters of many families and considering the agony of the parents, brothers, family members regarding the marriage of sisters and daughters, such sort of fake matrimonial service provider/institutions are publishing in different newspapers about arranging for profile and for fixing marriage and collecting money from the market.  But none is here and there to control their such sort of activities.  But truth is that such sort of matrimonial service provider/establishments are here and there within Kolkata, Howrah and someother places.  They are collecting money from the customers but they are not rendering such service and such sort of fake institution should be closed down by taking such step by the Consumer Affairs Department, otherwise such sort of unfair trade practice shall be continued in disguise by opening different establishments at different places and people at large shall be deceived by such unfair trade practitioners like the ops and this Gathbandhan is one of the fake establishment in trading matrimonial service etc. after receiving huge money from the customers like the present complainants and no doubt the complainant is a consumer.  But complainant has been deceived by the op as it is proved.  They have adopted unfair trade practice and for which the ops are legally bound to refund the entire amount and also for harassing the complainant in such a manner causing mental pain and agony they are liable to pay a compensation of Rs. 5,000/- to the complainant and also for proceeding with the case and for spending huge money for lodging the case and for prosecuting the case, ops are legally bound to pay a litigation cost of Rs. 5,000/-.

          At the same time for adopting unfair trade practice, ops must be imposed some penalty because they are running their fake institutions to deceive people at large (Consumers) and to save from the hands of such unfair trade practitioner ops in future, the penal damages would be imposed.

          Thus the complaint succeeds.

          Hence, it is

                                                              ORDERED

          That the complaint be and the same is allowed exparte with cost of Rs. 5,000/- against the ops.

          Ops are directed to refund the entire amount of Rs. 5,500/- which was received as service charge and also have to pay compensation of Rs. 5,000/- to the complainants for causing harassment, mental agony and also for loss of their time etc. caused by the ops.

          Ops are also directed to pay a sum of Rs. 10,000/- as penal damages for adopting unfair trade practice and also to maintain deceitful manner of trade in dealing with the matrimonial service etc. and it is imposed only to check their practice and to save the consumers at large from the such sort of unfair trade practice like the ops and truth is that Gathbandhan is a fake establishment which is trading in providing service by adopting deceitful manner of trade and so, the said amount of Rs. 10,000/- shall be deposited to this Forum by the ops.

          Ops are directed to comply the order very strictly within 15 days from the date of this order failing which for non-compliance of the Forum’s order, penal interest  at the rate Rs. 200/- per day shall be assessed till full satisfaction of the decree and if it is collected, it shall be deposited to this Forum and even if it is found that ops are reluctant to comply the order, in that case, penal action u/s 27 of C.P. Act 1986 shall be started for which they shall be prosecuted and further penalty and fine shall be imposed.