Tamil Nadu

North Chennai

CC/34/2017

E.V.John ,S/o.Mr.E.M.Varghese - Complainant(s)

Versus

Kerala Matrimony/Bharat Matrimony rep by its Managing Director - Opp.Party(s)

K.Ganesan

18 Feb 2020

ORDER

 

                                                            Complaint presented on:  28.02.2017

                                                               Order pronounced on:  18.02.2020

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT:  TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL -  PRESIDENT

 

TMT.P.V.JEYANTHI B.A., MEMBER - I

 

TUESDAY  THE 18^th  DAY OF FEBRUARY  2020

 

C.C.NO.34/2017

 

Mr.E.V.John,

Son of Mr.E.M.Varghese,

Arafa Nagar,

S.Kalamassery,

Kochi – 600 022.

                                                                                     …..Complainant

 ..Vs..

1.Kerala Matrimony/Bharat Matrimony,

Represented by its Managing Director,

“Elite Matrimony Service”,

AH-7, Shanthi Colony,

Anna Nagar, Chennai – 600 040.

 

2.Kerala Matrimony/Bharat Matrimony,

Represented by its Branch Manager,

Elite matrimony Service,

First Floor, DD Occant Mall,

Nearby Gateway Hotel,

Menaka, Kochi 686 011.

Kerala.

 

.....Opposite Parties

Counsel for Complainant                         : M/s.K.Ganesan & Asha Rao

 

Counsel for  opposite parties                      : Mr.U.Ashok Kumar

ORDER

 

BY PRESIDENT TMT.K.LAKSHMIKANTHAM, B.Sc., B.L., DTL.,DCL, DL & AL

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant subscribed for the Elite Platinum Package by depositing a sum of Rs.1,00,000/- on 05.05.2015 (Profile No.EM 146850). The complainant was also assured by the opposite parties in their email dated 05.05.2015 that if the complainant is not satisfied with the services and if the opposite parties are unable to provide a suitable match within one year from the date of subscription the amount of Rs.1,00,000/- would be refunded. The complainant states that during the period of 15.05.2015 to 02.07.2015 he was bombarded with lot of unsuitable profiles which were not verified and were not as specified by the complainant. The relationship manager failed to look into the details of the profiles before sending the same to the complainant as assured by them and also sent many profiles with incomplete details. Though the complainant had received 23 profiles and out of the 23 profiles, only one  profile was suitable  and upon further enquiry there was no  feedback from the opposite parties based on that profile. The opposite parties has failed to look into the details of the profiles before forwarding to the complainant and had not verified if they were suitable to the specifications mentioned by the complainant. Hence the complainant sent an email to the relationship manager of the opposite parties on 07.07.2015, pointing out the deficiency in service and requested them to refund the amount of Rs.1,00,000/- in his mail dated 20.07.2015. But the opposite parties has not replied till date. The complainant had no other option but to file the present complaint.

2. WRITTEN VERSION OF THE   OPPOSITE PARTIES IN BRIEF:

          Originally the complaint was registered as an assisted member on payment of Rs.10,000/- and a Relationship Manager had also been appointed so as to provide personalized assistance by using advanced tools in finding matching members from thousands of profile and an ID has also been created for the complainant vide Assisted Registration ID No.E2993345. In the mean time, Bharat matrimony fresh team called the member and explained about one of such services namely “Elite Matrimony” rendered by the 1^st opposite party which cater to the needs of Rich/Affluent Business/Industrial Family and Professional for the benefit of such/those customers who want to save their time in searching the matching profiles as per their preferences for their prospective life partner. The complainant has chosen to avail the Elite Matrimony services on payment of subscription fee of Rs.1,00,000/- on 05.05.2015 and was given a Profile ID No.EM 146850 for a period of one year. Subscription fee paid by the complainant in respect of Assisted Matrimony membership was refunded to the customer in full during September 2015.  The complainant had been receiving the profiles from 15.05.2015 to 28.11.2015 and has availed the Elite Matrimony Services without any deficiency in service. The Elite  Matrimony service provided by the opposite party does not guarantee positive response from prospective  bride all the time and  also does not guarantee a marriage within the service period. The obligation of opposite parties under this service is only to search, shortlist profiles that match the preferences of the member and later share such profiles. Accordingly, the opposite party has rendered its services to its fullest as they could do. This complaint is liable to be dismissed as there is no deficiency in service.

 

3. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

4. POINT NO :1 

          The opposite parties are running matrimonial services under the name and style of  Kerala Matrimony / Bharat Matrimony Service at Chennai and Kerala which is a platform to enable any customer who register on its website to search for a prosperous alliance for marriage.

          05. The  complainant  had subscribed  for the service of opposite party in Elite Matrimony for a bride for his son  and  paid  subscription fee of Rs.1,00,000/- and  was given a profile ID NO. EM 146850 for a period of one year. The opposite parties tried to send the matching profile  to the complainant.  The complainant was not satisfied with the services as opposite parties were  unable to provide a suitable match within one year from the date of subscription of Rs.1,00,000/- and requested for refund.  According to the complainant, the  promises  by the opposite parties to offer personal attention through relationship manager who shall undertake all activities of behalf of the client was not fulfilled by opposite parties.

           06. The opposite parties would contend that they can only provide profile and it is up to the complainant to take it forward into matrimonial alliance and marriage. Brochure issued by complainant is Ex.A1 and email from opposite parties awaiting the terms and conditions of membership in Elite Matrimony  is Ex.A2 and Ex.A4. Ex.A3 is the receipt issued for the payment of Rs.1,00,000/- towards Elite platinum package  and Ex.A5 is the list  of profiles of bride provided by opposite parties. Ex.A6 is the correspondence between the complainant and opposite parties. The complainant issued lawyer notice under Ex.A7. The complainant had selected a  profile from Lintu  in Ex.A5 responded on 22.05.2015. Correspondence in Ex.A6 reveals that the mail sent by the complainant due to his dissatisfaction  towards the opposite party in responding the picked up profiles as in Ex.A5 and  requested for the refund of the paid amount.  Legal notice in Ex.A7 issued by complainant. Even though the opposite parties opposes in their written version have reported regarding non-refund of 1,00,000/-  they have not filed any documentary evidence to substantiate their version and also not filed any proof affidavit inspite of many opportunities given. Therefore it is concluded by the Forum that the complainant has proved his case with documents  in support.  Hence the claim is proved and opposite parties have committed deficiency in service.

07. POINT NO.2:

          As discussed in point No.1, the deficiency in service by opposite parties is proved.  Therefore the complainant’s contention of sufferings and  mental agony is accepted by this forum. Hence it would be appropriate to order Rs.20,000/- towards cost for deficiency in service and mental agony. The opposite parties are directed to refund the sum of Rs.1,00,000/- paid for elite matrimony services by the complainant  and a sum of Rs.20,000/- towards compensation for mental agony and Rs.2,000/- for cost.

In the result, the complaint is partly allowed. The opposite parties jointly or severally are directed to pay a sum of Rs.1,00,000/- (Rupees one lakh only) towards the Subscription paid to Elite Matrimony  Services with 6% interest from 28.02.2017 till date of realization to the complainant and also a sum of Rs.20,000/-(Rupees twenty thousand only) towards compensation for mental agony and deficiency in service  besides a sum of Rs.2,000/- (Rupees two thousand only) for costs. The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 18^th day of February 2020.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated NIL                     Brochure issued by the opposite parties

Ex.A2 dated 19.09.2014                   Email from the opposite parties

Ex.A3 dated 05.05.2015                   Receipt issued by the opposite parties

Ex.A4 dated 05.05.2015                   Email from the opposite parties

Ex.A5 dated NIL                     List of profiles of brides

Ex.A6 dated NIL                     Other correspondences between the complainant and the opposite parties

Ex.A7 dated 22.07.2016          Lawyers Notice with acknowledgement due

LIST OF DOCUMENTS FILED BY THE   OPPOSITE PARTIES:

 

                                                …. NIL…. 

 

 

MEMBER – I                                                               PRESIDENT