1. The present complaint has been filed by complainant against the OP on the averments that the OPs No.2 and 3 employees of the OP No.1 i.e. Hindustan Times. That on 02.12.2018, the OP no.2 came to the residence of the complainant for booking HT (Hindustan Times) for 12 months on a payment of Rs.799/-. He preferred payment through Pin Card Machine to the Cheque as that would immediately transfer the funds from the account of the complainant to the account of HT whereas the cheque would take 14-15 days to be cleared and credited to their account implying that the business house of the OP No.2 would gain more interest on it when payment be preferred through the machine. The complainant made him the payment of Rs.799/- through the machine. The OP No.2 issued the receipt in token of receiving the payment. On the receipt he gave his name Rajiv and the name of his boss Monto, also put the contact numbers of their mobiles. That on 04.12.2018 i.e. after two days of OP No.2 booking, the complainant sent the OP No.2 the message on his mobile questioning his action, of coming to the complainant for renewal of his subscription of next 12 month which otherwise was only to end on 27.02.2019. That similar complaint was made to the OP No.3 the local boss of the OP No.2 on his mobile as to why the booker had been sent to him for receiving the payment so early, he responded by saying that the payment is received 45 days prior to the end-date. When the complainant confronted the OP No.3 that the booker OP No.2 knew that the subscription as to end from the last paper of 27.02.2019 how could he call upon the complainant 89 days in advance even going by 45 days he professed, or could receive the subscription on 02.12.2018?- he was hesitant rather reluctant and had no answer! That contacting OP No.3 was moreover necessitated by an additional development as the complainant meanwhile had received a call from the mobile no.9205397673 of their one of the agents/employee that the complainant’s payment has not been received, and the complainant was required to issue a cheque for Rs.799/- instead of payment made through Pin Card Machine. As to the call from the given mobile number which created so alarm as it would cause to any one that the payment been not received yet debited to the bank account of the complainant, the OP No.3 made light of it and said that the complainant should ignore the call, as if ignoring was so simple. The complainant asked in the same conversation with the OP No.3 to give the complainant the email address of his higher office as the complainant was to make complaint against them, he shot an SMS in minutes to the complainant giving the email address: hindustantimesjalandhar@gmail.com meaning thereby whatever the complainant may want to do against him may be done! Strangely, such address was not of any higher office but was given of their own self at Jalandhar. That means the same person was the wrong-doer and the same person would be the entertainer of the complaint against himself and he alone would be the decider! That despite of the fact that the complainant cancelled his order on 04.12.2018 the OPs No.2 and 3 did not make the refund of the subscription but caused thrusting of the coupons to the complainant beginning from the paper of 16.01.2019 (instead from 27.02.2019 against the coupon already in hand of the running subscription 2018-2019), short by 42 papers. That was no longer in issue as the complainant was seeking the cancellation of the order and refund of his amount. That the complainant sent another message to both i.e. the OP No.2 and OP No.3 on 27.12.2018 alleging their behavior as most irresponsible and again asked them to immediately refund the amount by but to no effect. After waiting for two days, the complainant to save his face from the family members who were shocked at the OPs being so contumacious, the complainant this time sent the email on 29.12.2018confirming the message of 27.12.2018 supra also telling them that the service of the notice on any of the OPs No.1 & 2 was the notice on the entity they served, yet came no response, no payment. Waiting for another one month, on 30.01.2019, the earlier message was selected, copied, pasted and sent by email to be OP NO.1aksing for the refund of Rs.799/-. The complainant had mentioned this time under his name, as the sender, Advocate. On 31.01.2019 after the receipt of the above mail, there might been a thought exchange between the OP No.2 and OP No.3, so the OP NO.2 made a call on the complainant through mobile and stated that he would be seeing tomorrow and would refund the amount and received back the coupons. His assurance is confirmed from the message. He belied his assurances and did not turn up. On 01.02.2019 the complainant sent them the SMS ‘You thing you are serving the cause of HT, no you are terribly damaging. Why did you promise to see me today if you were not to come? Meanwhile the complainant ordered his delivery man to stop giving complainant the HT paper from 28.02.2019 on the conclusion of the subscription 2018-2019. The complainant ceased to be the subscriber of this paper. Exasperated by the conduct of the OPs No.2 and 3, the complainant on 21.03.2019 sent the last SMS to the OPs No.2 and 3 that ‘Make no mistake of my conviction now to sue you’. That the complainant alleges that the OPs are so thick skinned that nothing could stir them for the refund of the amount. The complainant has no words in which he could describe their insensitivity. Their push-limits unfortunately have extended to an extreme where the complainant is constrained to come to the Court to seek the relief. The acts of the OPs are malicious, wanton and grossly demeaning and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund of Rs.799/- to the complainant with punitive damages and litigation expenses.

2. Notice of the complaint was given to the OPs, who filed reply and contested the complaint of the complainant by raising preliminary objections that the present complaint is not maintainable as per the provisions of the Consumer Protection Act, as such is liable to be dismissed on this score. The complaint is totally false and frivolous and has been filed just to harass the OPs in order to extract money from the OPs. That fact of the matter is that the OPs enjoys a very good reputation and recognition in the eyes of society at large. The complainant himself placed the order and the OPs have only completed the job as per the directions and instruction of the complainant. But now, the complainant had filed false and frivolous complaint against the OPs for defaming the reputation of the OPs, for which the OPs reserves the right to initiate appropriate civil and criminal proceedings for intentionally causing defamation to the goodwill of the OPs and the OPs are left with no option except to avail those remedies now. That the complainant has not come to the Forum with clean hands and suppressed the true and material facts from the Forum. That the present complaint is filed without any cause of action, no cause of action has ever been arose against the OPs. On merits, it is admitted that the complainant made a payment of Rs.799/- for booking HT for 12 months, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3. Rejoinder not filed.

4. In order to prove their respective versions, both the parties produced on the file their respective evidence.

5. We have heard the learned counsel for the respective parties and have also gone through the case file as well as written arguments submitted by complainant, very carefully.

6. The complainant has argued that on 02.12.2018, the OP no.2 came to the residence of the complainant for booking HT (Hindustan Times) for 12 months on a payment of Rs.799/-. He preferred payment through Pin Card Machine to the Cheque as that would immediately transfer the funds from the account of the complainant to the account of HT whereas the cheque would take 14-15 days to be cleared and credited to their account implying that the business house of the OP No.2 would gain more interest on it when payment be preferred through the machine. The complainant made him the payment of Rs.799/- through the machine. The OP No.2 issued the receipt in token of receiving the payment. On the receipt he gave his name Rajiv and the name of his boss Monto, also put the contact numbers of their mobiles. That on 04.12.2018 i.e. after two days of OP No.2 booking, the complainant sent the OP No.2 the message on his mobile questioning his action, of coming to the complainant for renewal of his subscription of next 12 month which otherwise was only to end on 27.02.2019. That similar complaint was made to the OP No.3 the local boss of the OP No.2 on his mobile as to why the booker had been sent to him for receiving the payment so early, he responded by saying that the payment is received 45 days prior to the end-date.

7. On the other hand, the counsel for OPs argued that the complainant himself placed the order and the OPs have only completed the job as per the directions and instruction of the complainant. But now, the complainant had filed false and frivolous complaint against the OPs for defaming the reputation of the OPs, for which the OPs reserves the right to initiate appropriate civil and criminal proceedings for intentionally causing defamation to the goodwill of the OPs and the OPs are left with no option except to avail those remedies now. That the complainant has not come to the Forum with clean hands and suppressed the true and material facts from the Forum. That the present complaint is filed without any cause of action, no cause of action has ever been arose against the OPs. On merits, it is admitted that the complainant made a payment of Rs.799/- for booking HT for 12 months.

8. The disputes and issues raised in complaint involves intricate question of law and facts and matter involves is complicated one which requires extensive evidence and cross examination of witnesses and same cannot be decided in summary proceedings before this Forum and only civil Court is competent to decide such like complicated dispute.

9. As such, we feel that the ends of justice would be met, if the OPs are directed to refund to the complainant booking amount. Accordingly, to settle the dispute between the parties, the present complaint is disposed of with the direction to OPs to refund Rs.799/-. The OPs have no right to keep and misappropriate the public money. It must go back to the public. We, therefore, order that the OPs will deposit a sum of Rs.1000/-, with the legal aid account of this Commission.

10. Further, the entire compliance be made within 45 days by OPs from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work and spread of Covid-19.

11. Copies of the order be sent to the parties, as permissible, under the rules. File be indexed and consigned to the record room after due compliance.

Announced in open Commission

20^th of April 2021

Kuljit Singh

(President)

Jyotsna

(Member)