BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                               : PRESIDENT

SMT. PREETHA G. NAIR                           : MEMBER

SRI. VIJU  V.R.                                             : MEMBER

C.C.No. 325/2023 Filed on 06/07/2023

ORDER DATED: 06/09/2024

ORDER

SRI.P.V. JAYARAJAN, PRESIDENT:

This is a complaint filed under section 35 of Consumer Protection Act 2019 and the matter stood over to this date for consideration.After hearing the matter the commission passed an order as follows:

2. This is a complaint filed by the complainant against the opposite party alleging deficiency in service and unfair trade practice on the part of the opposite party.  After admitting the complaint, notice was issued to the opposite party to appear before this Commission on 08/09/2023.  The said notice was returned with endorsement “no such addressee”.  Hence the complainant was directed to take steps against the opposite party.  Subsequently notice issued from this commission to the opposite party was seen received on 25/04/2024.  As the opposite party not appeared before this Commission even after accepting the notice, the opposite party was called absent and set ex parte on 10/06/2024. 

3. The case of the complainant in short is that  from an advertisement in Malayalamanorama Daily dated 04/12/2022, the complainant got the telephone number of the opposite party matrimonial agency and contacted them for matrimonial alliances for the complainant’s sister’s three sons.  One staff namely Asha was the person with whom the complainant conveyed this matter.  The opposite party agreed to supply proposal of three girls suitable for the complainant’s nephews.  The complainant submits that he has given specific instruction to the staff of the opposite party to contact the parents of the girls and give all the details regarding the status of the complainant’s sister’s sons to those families and only after getting their consent, the details of the girls should be forwarded to them.  This was a precondition insisted by the complainant.  After few days the staff of the opposite party informed that they have got details of three girls those who are suitable for alliance with the complainant’s sister’s sons and further informed that she has contacted the families of those girls and they have shown interest for proceeding with the proposals.  The staff of the opposite party further stated that if the complainant needs the contact telephone number of the girls families, he has to pay Rs.2,500/- towards charges.  Prior to that the opposite party has send photographs of three girls to the complainant through whatsapp.  Accordingly for getting the contact numbers, the complainant paid Rs.2,500/- through Google pay to opposite party.  Subsequently the complainant further demanded with the opposite party that, in case after contacting the families through numbers provided by the opposite party, if they at not willing to proceed with the alliance, the opposite party has to repay Rs.2,500/- already paid by the complainant.  The staff of the opposite party namely Asha agreed for the same.  When the complainant contacted with those three families the first family informed that marriage of their daughter is already fixed and the photos and telephone number were provided by the opposite party to the complainant without consulting them.  When contacted with the second family they only prefer alliance from Nair community and the opposite party had not contacted them before giving contact number to the complainant.  When the complainant contacted the third family, they informed that they prefer only alliance from ezhava community and the opposite party has not contacted them before providing the telephone number to the complainant.  The complainant submits that inspite of giving specific instruction to the opposite party to contact the families prior to giving the photos and telephone numbers, the opposite party failed to keep that promise and from the reaction of the three families contacted by the complainant, it is crystal clear that the opposite party has not contacted any of the three families prior to furnishing the photos and telephone numbers to the complainant.  Hence the complainant demanded back Rs.2,500/- from the opposite party.  Inspite of contacting several times, the opposite party though promised to pay the amount, they failed to refund the amount by saying one reason or another.  Subsequently when contacted the opposite party, they tried to avoid the telephone calls of the complainant and only after trying through another number to the opposite party they attended the phone calls.  When they contacted the phone calls the complainant again demanded the amount and at that time also the opposite party promised that they will pay back the amount to the bank account of the complainant.  Till the date of filling this complaint the opposite party not refunded Rs. 2,500/- to the complainant.  According to the complainant the act of the opposite party amounts to deficiency in service and unfair trade practice on the part of the opposite party.  Hence alleging deficiency in service and unfair trade practice on the part of the opposite party, the complainant approached this Commission for redressing his grievances.                  

4. Evidence in this case consists of PW1 and Ext.P1 & P2 from the side of the complainant.  The opposite party being declared ex parte, there is no affidavit or documents from the side of the opposite party. 

4. Issues to be considered:

1. Whether there is any deficiency in service and unfair trade practice

               on the part of the opposite party?

2. Whether the complainant is entitle to the relief claimed in the
3.  
4. Order as to cost?

5. Heard. Perused affidavit, documents and connected records.  To substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Ext.P1 & P2 were produced and marked. Ext.P1 is the copy of the classified advertisement page of the Malayala Manorama daily dated 04/12/2022.  Ext.P2 is the Whats app messages through which the opposite party send photographs of three girls to the complainant for the marriage proposal of the complainant’s sister’s sons.  Ext.P1 shows the name, address and phone numbers of the opposite party.  Ext.P2 shows that three photographs were forwarded to the complainant by the opposite party.  Through affidavit the complainant claimed that he has paid Rs.2,500/- to the opposite party and subsequently he has claimed refund of the same from the opposite party.  There is no contra evidence from the side of the opposite party to discredit the evidence adduced by the complainant.  In the absence of any evidence from the side of the opposite party, we accept the evidence adduced by the complainant.  As such the evidence adduced by the complainant stands unchallenged.  By swearing an affidavit as PW1 and by marking Ext.P1 &P2 documents, we find that the complainant has succeeded in establishing his case against the opposite party.  From the available evidence before this Commission, we find that there is deficiency in service and unfair trade practice from the side of the opposite party. It is also come in evidence that the complainant has suffered mental agony and financial loss due to the act of the opposite party.  As the mental agony and financial loss to the complainant was caused due to the deficiency in service and unfair trade practice on the part of the opposite party, we find that the opposite party is liable to compensate the loss sustained by the complainant.  In view of the above discussion, we find that this is a fit case to be allowed in favour of the complainant. 

  In the result the complaint is allowed.  The opposite party is directed refund Rs.2,500/- (Rupees Two Thousand Five Hundred Only) along with Rs.5,000/- (Rupees Five Thousand Only) as compensation and Rs.2,500/- (Rupees Two Thousand Five Hundred only) being the cost of this proceedings to the complainant within 30 days from the date of receipt of this order failing which the amount except cost shall carry an interest @ 9 % per annum from the date of receipt of this order till the date of remittance/realization.           

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 06^th day of September,  2024.

C.C. No. 325/2023

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS: