Haryana

Panchkula

CC/43/2015

Dr.S.B.BHATIA. - Complainant(s)

Versus

INDIA TODAY GROUP. - Opp.Party(s)

SANJEEV BHATIA.

22 May 2015

ORDER

BEFORE  THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PANCHKULA.             

                                                                  

Consumer Complaint No	:	43 of 2015
Date of Institution	:	04.03.2015
Date of Decision	:	22.05.2015

                                                                                          

Dr.S.B.Bhatia s/o Dr.Bhir Bhar Bhatia, aged 85 years, R/o House No. 441, Sector-6, Panchkula.

                                                                                          ….Complainant

Versus

 

India Today Group, Mediaplex, FC-8, Sector 16-A, Film City, Noida-201301.

                                                                                          ….Opposite Party

COMPLAINT UNDER SEC. 12 OF THE CONSUMER PROTECTION ACT, 1986.

 

Quorum:               Mr.Dharam Pal, President.

Mrs.Anita Kapoor, Member.

 

For the Parties:     Mr.Sanjeev Bhatia, authorized representative for the complainant. 

Op already ex-parte.

ORDER

(Dharam Pal, President)

 

1. The complainant has filed this complaint under Section 12 of the Consumer Protection Act, 1986 against the Op with the averments that he was duped into buying a 5 year subscription to India Today on 01.06.2014 with the assurance of a free gift of an Arise Induction Cooker. The complainant paid for a 5 year subscription with a crossed cheque of Rs.6240/- in the name of India Today group which was encashed on 12.06.2014 and the subscription was acknowledged by the subscription department vide their letter dated 03.07.2014. According to the advertisement (Annexure C-2) of Op, the free assured gift subscription would reach the subscriber within 8-10 weeks of the commencement of the subscription. The complainant alleged that the subscription commenced on 01.07.2014 and now 32 weeks have been over but the complainant did not receive the assured gift of Arise Induction Cooker. The complainant made 10 calls to customer care service at the India Today group to inquire about the free gift but one Mr.Abdullah of the India Today group on 20.11.2014 and on 06.01.2015 & 15.01.2015, one Ms.Gupta assured that the gift would reach within a week but to no avail. This act of the opposite party amounts to deficiency in service on its part. Hence, this complaint.
2. Notice was issued to the Op through registered post. But none has appeared on behalf of the Op, it is deemed to be served. The Op was proceeded against ex-parte vide order dated 15.04.2015.
3. The authorized representative for the complainant has tendered the evidence by way of affidavit Annexure C-A alongwith documents Annexure C-1 & C-2 and closed the evidence.
4. We have heard authorized representative of the complainant and have also perused the record carefully & minutely.
5. It is evident that the complainant subscribed to the Op to buy a 5 year subscription of India Today with the assurance of a free gift of an Arise Induction Cooker. The complainant paid Rs.6240/- through crossed cheque in the name of India Today group for 5 year subscription which was acknowledged by the subscription department vide their letter dated 03.07.2014 (Annexure C-1) and a subscription No.ITE1950609 was given to the complainant. According to the advertisement (Annexure C-2), the free assured gift of subscription would reach the subscriber within 8-10 weeks of the commencement of the subscription. But after passing 32 weeks of subscription, the complainant has not received any gift of Arise Induction Cooker. The complainant made a number of calls to customer care service at the India Today group to inquire about the free gift but they assured that the gift would reach within a week but to no avail. The complainant has also filed his duly sworn affidavit (Annexure C-A).
6. In view of the fact that the Ops neither responded to the notice nor have they opted to controvert the precise congnizable averments made by the complainant having a very relevant bearing upon the adjudication of the grievance, the only distilled view is that the complainant has been able to prove the genuineness of the grievance that the Ops had committed deficiency in service, the manner whereof has been detailed in the complaint has also the affidavit in support thereof.
7. In view of the above discussion, we are of the opinion that the present complaint deserves to be allowed and the same is accordingly allowed. The Op is directed as under:-

(i)      To refund the amount of Rs.6240/- to the complainant alongwith interest @ 9% per annum from the date of receipt i.e. 12.06.2014 till realization.

(ii)     To pay an amount of Rs.10,000/- as compensation for mental agony, harassment and cost of litigation.

                 Let the order be complied with within the period of 30 days from the receipt of certified copy of this order.  A copy of this order be sent to the parties free of costs and file be consigned to the record room after due compliance.

Announced

22.05.2015           ANITA KAPOOR                            DHARAM PAL

                             MEMBER                               PRESIDENT

 

Note: Each and every page of this order has been duly signed by me.

 

                                          

                                                         DHARAM PAL

                                                          PRESIDENT