Kerala

Thiruvananthapuram

181/2003

MR Suresh - Complainant(s)

Versus

MD - Opp.Party(s)

30 Apr 2008

ORDER


Thiruvananthapuram
Consumer Disputes Redressal Forum,Vazhuthacaud
consumer case(CC) No. 181/2003

MR Suresh
...........Appellant(s)

Vs.

MD
Mr Anil Metre
...........Respondent(s)


BEFORE:
1. Smt. Beena Kumari. A 2. Smt. S.K.Sreela 3. Sri G. Sivaprasad

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD, THIRUVANANTHAPURAM. PRESENT SRI. G. SIVAPRASAD : PRESIDENT SMT. BEENAKUMARI. A : MEMBER SMT. S.K.SREELA : MEMBER O.P.No.181/2003 Dated : 30.04.2008 Complainant : M.R. Suresh, T.C 9/1794(1), Chaithanya, Pattanikunnu Lane, Sasthamangalam P.O, Thiruvananthapuram – 695 010. Opposite parties : 1.The Spectrum Magazines Limited, Secular House, Institutional Area, Aruna Asaf Ali Marg, New Delhi – 110 067 represented by its Managing Director. 2.Mr. Anil Metre/Editor & Publisher, The Spectrum Magazines Limited, Secular House, Institutional Area, Aruna Asaf Ali Marg, New Delhi – 110 067. This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 25.10.2004, the order was not prepared accordingly. This Forum assumed office on 08.02.2008 and re-heard the complaint. This O.P having been heard on 15.04.2008, the Forum on 30.04.2008 delivered the following : ORDER SMT. S.K.SREELA : MEMBER The case of the complainant is as follows : Lured by the advertisements of opposite parties offering various gifts to the subscribers of A&M Magazine, the complainant subscribed to the magazine published and sold by the opposite parties by sending the completed application form on 01.12.2000 and by remitting an amount of Rs. 2695/- against subscription charges for a period of 5 years. The opposite parties sent A&M Magazine irregularly and in a perfunctory manner for sometime and after February 2002 the complainant stopped getting any issue of the magazine. The complainant informed the opposite parties with regard to the same and reminded the opposite parties to give the various gifts as offered by them for which subsequently a second offer was substituted by the opposite parties. Upon acceptance of the revised offer by the complainant, the opposite parties sent Spectrum Tote bag and the remaining subscription gifts are yet to be received by the complainant. Even after repeated requests, there was no positive response from the opposite parties. Hence this complaint for refund of subscription amount of Rs. 2695/- less by proportionate cost of supply amounting to Rs. 2425/- along with interest and for compensation and costs. The opposite parties remain exparte. The complainant, PW1, has filed affidavit in support of his case which stands unchallenged. Exts. P1 to P15 were marked on his part. The issues to be considered are:- (i)Whether there is deficiency in service and unfair trade practice on the part of the opposite parties? (ii)Reliefs and costs. Points (i) & (ii):- The complainant submits that he had subscribed to the A&M Magazine of the opposite parties by paying Rs. 2695/- against the subscription charges for a period of 5 years. Ext. P1, which is the receipt/acknowledgement card evidences that the complainant has become a subscriber of the A&M Best of Business Offer of Spectrum Magazines Ltd. Ext. P1 goes to prove that the subscription of the complainant commences on 15.12.2000 which is valid till 15.12.2005. The receipt of Rs. 2695/- for the said subscription is also acknowledged wherein the mode of payment is mentioned as credit card. Ext. P2 is the transaction details of the credit card of the complainant wherein Rs. 2695/- has been credited in the name of Spectrum Magazines. The complainant's allegation is that the advertisements of the opposite parties offered various gift items which were not given to the complainant accordingly. Response sheet attached to Ext. P3 confirms the said offer of various gift items by the opposite parties, wherein for a subscription of 5 years, VIP Elanza, VIP Strolley, VIP Tote bag, VIP discount voucher altogether free VIP Gifts worth Rs. 3490/- has been offered. The complainant alleges that he has not received any of the said items and when the same was informed to the opposite parties second offer was made by the opposite parties. Ext. P5 goes to prove that an alternate gift option has been offered to the complainant for a total worth of Rs. 3565/-. The complainant alleges that besides the receipt of Spectrum Tote bag no other things mentioned in Ext. P5 have been delivered to him. The documents on record goes to prove that, the complainant had not received the gifts offered by the opposite parties and the complainant has not received the magazines after 28.02.2002. The documents on record has established the case of the complainant and the complainant has succeeded in proving his complaint. The non-issuance of the gifts offered and the magazines constitutes grave deficiency in service and unfair trade practice on the part of the opposite parties. The complainant claims refund of Rs. 2695/- less the cost of the magazines supplied to him, which comes to Rs. 2425/- according to the complainant. The opposite parties are exparte and since they have not challenged the same to prove otherwise, this Forum is inclined to accept the same. In the result the opposite parties are directed to refund an amount of Rs. 2425/- with 12% interest from 15.12.2000 till the date of payment along with an amount of Rs. 500/- towards costs of the proceedings. The opposite parties are directed to stop such unfair trade practice herein after. Order of compliance one month, failing which execution can be enunciated. 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 Forum, this the day of 30th April , 2008. G. SIVAPRASAD President. BEENAKUMARI. A : MEMBER S.K.SREELA : MEMBER O.P.No. 181/2003 APPENDIX I COMPLAINANT'S WITNESS : PW1 - M.R. Suresh II COMPLAINANT'S DOCUMENTS : P1 - Receipt cum acknowledgement card issued by the opposite party. P2 - Credit Card Statement from HSBC. P3 - Catalogue of offer dated November 2000. P4 - Catalogue of offer dated December 2000. P5 - Letter dated 03.09.2001 from the opposite party. P6 - Letter dated 01.11.2001 issued by the opposite party. P7 - Letter dated 02.11.2001 issued by the opposite party. P8 - True copy of COINPAR notice dated 24.04.2002. P9 - Reply letter dated 17.05.2002 issued by opposite party. P10 - Copy of remind letter dated 23.08.2001 to the opposite party. P11 - Copy of remind letter dated 11.09.2001. P12 - Copy of remind letter dated 19.11.2001. P13 - Copy of remind letter dated 15.01.2002. P14 - Copy of remind letter dated 28.05.2002. P15 - Copy of remind letter dated 07.08.2002. III OPPOSITE PARTIES' WITNESS : NIL IV OPPOSITE PARTIES' DOCUMENTS : NIL President




......................Smt. Beena Kumari. A
......................Smt. S.K.Sreela
......................Sri G. Sivaprasad