DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER
wednesday the 26th day of April, 2023
C.C.221/2022
Complainant
C.K. Balan
Sree Kausthubham, Thattari Parambil,
Vellimadukunnu P.O,
Kozhikode – 673 012.
Opposite Party
1. Mrs. Keerthy,
Lakshmi Matrimony,
K.M.S Tower, Thazhe Palam,
Tirur – 676 101.
Suppl.2.
Lakshmi Matrimony,
K.M.S Tower, Thazhe Palam,
Tirur – 676 101.
Rep. by, Sindhu,
Lakshmi Matrimony Managing Partner,
(impleaded as per Order dated 22-10-2022 in IA No.274/22)
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT
This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.
- The case of the complainant, in brief, is as follows:
Seeing the advertisement of ‘Lakshmi Matrimony’ in the newspaper, the complainant contacted the opposite parties in the telephone numbers given in the advertisement. The first opposite party attended the call. The complainant enquired about a suitable proposal for his son. The first opposite party stated that suitable proposals were available and that she would sent the list of such persons by post and that the registration fee of Rs.1,500/- should be paid by the complainant. On 06-07-2022 he received a VPL cover from the postal department, for which, he had to pay Rs.1,500/- and Rs.75/- as postal charges. The cover contained a list showing the bio-data of some girls, which was already sent by the opposite parties to some other persons and returned by them. On contacting the first opposite party, she agreed to send a fresh list. But no such list is received so far. The telephone calls are not properly attended by the opposite parties. He was cheated by the opposite parties. Hence the complaint claiming compensation of Rs.25,000/- along with Rs.5,000/- as cost of proceedings.
- The supplemental second opposite party was impleaded as per order dated 22-10-2022 in IA No.274/2022.
- Despite receipt of notice, the opposite parties failed to appear and they were set ex-parte.
- The points that arise for determination in this complaint are :
- Whether there was any deficiency of service or unfair trade practice on the part of the opposite parties, as alleged?
- Reliefs and costs.
- The complainant was examined as PW1 and Exts A1 to A3 were marked.
- Heard.
- Point No.1– The complainant has approached this Commission alleging deficiency of service and unfair trade practice on the part of the opposite parties. The specific allegation is that there was neglect on the part of the opposite parties to provide adequate service in the matter of marriage proposals, in spite of having collected Rs.1,500/- towards registration fee.
- PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the newspaper advertisement, Ext.A2 is the copy of the list forwarded by the opposite parties and Ext.A3 is the photo copy of the envelope.
- The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version. The opposite parties have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A3. Deficiency of service and unfair trade practice on the part of the opposite parties stand proved. The act of the opposite parties has resulted in mental agony and monetary loss to the complainant, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs.5,000/- will be reasonable compensation in this case. The complainant is also entitled to get Rs.3,000/- as cost of proceedings.
- Point No.2 : In the light of the finding on the above point, the complaint is disposed of as follows:
- CC 221/2022 is allowed in part.
- The opposite parties are hereby directed to pay a sum of Rs.5,000/- (Rupees Five Thousand only) as compensation to the complainant.
- The opposite parties are directed to pay a sum of Rs.3,000/-(Rupees three thousand only) as cost of the proceedings to the complainant.
- The order shall be complied with within 30 days of the receipt of copy of this order.
Pronounced in open Commission on this the 26thday of April 2023.
Date of Filing: 25-08-2022.
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PRESIDENT
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MEMBER
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MEMBER
APPENDIX
Exhibits for the Complainant :
Ext.A1 - Copy of the newspaper advertisement.
Ext.A2 - copy of the list.
Ext.A3 - photo copy of the envelope.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 - C.K. Balan
Witnesses for the opposite parties
Nil.
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PRESIDENT
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MEMBER
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MEMBER
Forwarded/ By Order
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Assistant Registrar.
