Tamil Nadu

South Chennai

CC/358/2015

M/s.Ranganathan - Complainant(s)

Versus

M/s.Samudhrikkha Matrimonial Service - Opp.Party(s)

M/s.R.Balaji

27 Jul 2022

ORDER

Date of Complaint Filed : 04.09.2015

Date of Reservation      : 07.07.2022

Date of Order               : 27.07.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                        THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                :  MEMBER  I 

                        THIRU. S. NANDAGOPALAN., B.Sc., MBA.,        : MEMBER II

 

CONSUMER COMPLAINT No.358/2015

WEDNESDAY, THE 27^th DAY OF JULY 2022

M.Ranganathan,

Advocated,

No.35/12, New No.84, Parti Station,

Avvai Nagar, Choolaimedu,

Chennai – 600 094.                                                                                                                                                ... Complainant                                

 

..Vs..

M/s. Samudhrikkha Matrimonial Services,

Rep. by its Authorised Signatory,

No.113/130, Eldoms Road,

M.A.Tower, 2^nd Floor,

Teynampet,

Chennai – 600 018.                                                                                                                                           ...  Opposite Party

 

******

Counsel for the Complainant          : M/s. V.Sivalingam

Counsel for the Opposite Party       :M/s. P. Kannan

 

        On perusal of records and  having treated the written arguments of the Complainant as oral arguments, we delivered the following:

 

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to directing the Opposite Party to refund the fee of Rs.7,000/- received on 08.08.2014 vide receipt No.5626 from the Complainant together with interest at the rate of 24% per annum from the date of this complaint, till the date of realisation and directing the Opposite Party to pay a sum of Rs.1,50,000/- to the Complainant towards compensation for the deficiency in service of the Opposite Party as undertaken on 08.08.2014 vid.MAT1387-R.Archana together with interest at the rate of 24% per annum from the date of this complaint till the date of realisation.

2.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-4  were marked.   

The Opposite Party submitted his Proof Affidavit and on the side of the Opposite Party, documents Ex.B-1 to Ex.B-3 were marked.     Written Arguments of Opposite Party is closed.

6.     The averments of Complaint in brief are as follows:-

The Complainant states that he was seeking for suitable Horoscope for his daughter R.Archana who is a Degree holder in B.E (CSC) by then and now M.B.A Degree holder. He had also ready registered with Tamilnadu Yadava Mahasabai, Chennai-600 002 seeking for suitable alliance to his daughter. The complainant states that somehow on verifying the complainant's Registration with the said Yadava Hahasab the Opposite Party Party has been insisting the complainant through their staff by name K.shalini through her mobile Mo. 805603509, stating and compelling that the opposite party had got 5 sauitable Horoscopes which is suitable for the complainant's daughter, though the complainant was not willing to accept their constant offer, the said staff shalini frequently asked the complainant to come contact the opposite in person to secure suitable alliance to his daughter.The complainant states that thereupon after several requests by the staff attached to the opposite party. on their behalf, the complainant met the opposite party on 8-8-2014 through the said Miss. R. Shalini. Further the complainant states that on his meeting the opposite party, the opposite party had insisted the complainant to pay a sum of Rs.7000/- being the fee for their service to secure alliance to his daughter since the said amount was only for the SPECIAL CATEGORY SERVICE to be done by the Opposite party. Further the opposite party assured that they will inform   immediately after verifying with the Horoscopes which were having by that time and assured the same will be suitable for his daughter their Believing their representation and assurances the complainant had paid a sum of Rs.7000/- to the opposite Party on 8-8-2014 vide receipt No.5626 and  the opposite party also obtained his signature in the proposal form for Registration purpose. Further as per the assurances and proposal registration, the opposite party alone has to verify the Horoscopes, and finally if the Horoscopes are matched then only, the Opposite party has to inform about the same to the complain am finalise the alliance. Further the opposite party assured to secure suitable alliance for his daughter in a day or two and the same will be intimated to his mobile. Thereupon on the very next day, one saradha attached to the office of the opposite party called him through her mobile and given an ID NUMBER 18. MAS 13871 for future correspondence and assured him to secure suitable alliances to his daughter, in a short time. Further when the complainant questioned about the five Horoscopes informed by the opposite party earlier to the complainant, the opposite party said that the said K. Shalini had informed the same only for the sake of canvassing customers and the said Mrs.Sarada said sorry for the same. Further the said Sarada assured to get a suitable alliance for his daughter soon since the opposite party had registered the service as special Category hence the duty cast, on the opposite party to secure, finalise and inform the suitable alliance to his daughter.

Further the complainant states though it was more than 4-1/2 months by then, nothing heard from the opposite party Bill 12-12-2014. In between those period, since there was no call from the opposite party, the complainant had contacted the said Mrs. Sarada over her mobile and asked her what happed with respect to her assurance to get alliance to his daughter, by that time also, the said staff attached to the opposite party assured to secure a suitable alliance in a short period since the service was registered as special category one and no alliance can be secured by that date. Further sensing the service of the opposite party is not deligent, and they were not doing their service to the satisfaction of the complainant, hence, the complainant caused a notice to the opposite party and also to the said Mrs. Sarada who was incharge of the MAT13871 by then, on 12-12-2014 and the same was duly acknowledged by the opposite party and the said Mrs. Sarada on 15-12-2014 itself but they did not send any reply for the same.  Further the complaint states that after receipt o the said notice, only to escape from the liability on 27-1-2015 in respect of Mat.I.D 8988  pertaining to K.Abirnikumar, Kottaiyur village, Thiruvannamalai District which is 300 Kilo Metres from Chennai, further more the said Horoscope is not suitable for her daughter, except the said Horoscope till date, the opposite party has not send a suitable alliance to his daughter and now it is more than 13 months from the date of Registration, but for the representation of the opposite party he would not have parted with the said money nor agreed for the Registration. Having ensured to get suitable alliance within short time, having received the Registration fee in Special category, duty of the Opposite party is to honour his commitments but not keep they did up their promise, hence, the service of the opposite party is nothing but deficiency in service and dereliction in discharging their duties. Further After the said communication pertaining to HA78988, there was and is no communication at all from the opposite party inspite of the complainants, efforts to contact the opposite party to secure the alliance to his daughter. Because of the act of the opposite party/Complainant who being practicing Advocate, he was cheated by the opposite party by imposing and false promises to get alliance to his daughter R. Archana, keeping alliance all along will prove the deficiency in service by the opposite party, the complainant suffered a lot mentally, as such it is necessary to direct the opposite party to return the row of a. 7000/- collected from him an 8-3-2014 and also direct the opposite party to pay a sun of s.1,50,000/- approximate for their ly towards compensation deficiency in discharging the duty of the opposite party to the complainant in not honouring their assurance to get alliance to his daughter Archana. Hence, the complainant is approaching this Hon'ble court for proper remedy. The cause of action for this complaint arose at Chennai within the jurisdiction of this forum, an 8-8-2014, since the opposite party received Rs.3,000/- from the complainant for securing alliance to his daughter R. Archana, subsequently no response, on 12-12-2014, the complainant caused a notice to the opposite party, on 15-12-2015, the opposite party when received the said notice, subsequently during January, 2015, the opposite party sent a Horoscope of one Abiramikumar, subsequently, there was no response from the opposite party, since the said transaction to secure the Horoscope to his daughter has not been complied or fulfilled as under taken by the opposite party and subsequently. Hence the complaint.

Written Version filed by the Opposite Party is as follows:-

        The opposite party respectfully submits that she is running matrimonial services in a very good manner for several years. The Complainant only came to the Opposite party office and availed a matrimony service for her daughter Ms. Archana who is a divorcee on 08.08.2014 as Special service category member having registration number MAT 13871 for the amount of Rs.7000/- (Seven Thousand only) and its duration is only six months from date of registration and the same was informed to the complainant. The opposite party respectfully further submits that the complainant at the time of registration said ok for the married groom also for his daughter and made endorsement in registration form also. But after few days informed to opposite party to look and approach only unmarried grooms even though his daughter is a divorcee. The Opposite party accepted that also and searched for unmarried grooms. Again few weeks later the complainant called the opposite party and informed that he is ready for Divorced groom without child, if unmarried groom is not available. The opposite party respectfully submits that the complainant's daughter has Ragu - Kethu Dhosam in her Horoscope and he himself mentioned this in the registration form. The complainant's daughter having Chevvai Dhosam also in her Horoscope which is crucial one on the marriage matching between groom and bride and the Complainant was not mentioned this Dhosam at the time of registration. After verifying the Complainant's daughter Horoscope with the Astrologer only the Opposite party came to know this. So opposite party called the complainant and informed that due to Dhosams in her Horoscope it is difficult to secure suitable alliance for her daughter and he has to wait for the same. The opposite party respectfully further submits that after explaining the real facts in securing the suitable alliance for her daughter the complainant sent a legal notice in a hurrily manner dated 12/12/2014 after that came to opposite party office and asked the Opposite party to secure only unmarried grooms for her daughter and made endorsement for the same on 22.12.2014. After that the opposite party after worked and contacted several grooms found out two Horoscope matching suitable alliances for his daughter namely 1.Mr.Abirami Kumar having I.D.No. MAT8988, 2. Mr. Yuvaraj having L.D.No. MAT25548. The opposite party respectfully submits that the complainant denied both the alliances stating that one alliance is very far from Chennai some and other reasons. The complainant's special service category membership actually expires on 08/02/2015 the opposite party agreed to extent the same without collecting any payment from the complainant due to respect towards the complainant. The opposite party respectfully submits that after approached and done Horoscope matching of the above said grooms with the complainant's daughter, the said grooms had declined the proposal of the opposite party due to their personal reasons. Hence there is no lack of service or deficiency of service towards the complainant from the opposite party. As already mentioned earliar that the complainant's daughter has Chevvai Dhosam and also Ragu Kethul Dhosam in her horoscope and find out a groom like same Dhosam with the complainant's criteria is very difficult one and the same also informed to the complainant already. The opposite party respectfully further submits that the complainant's package is Special service category and if it is normal package then the complainant can take the groom details from the opposite party and contact them directly. But in this special service category the opposite party will contact all Horoscope matching suitable alliances and if there is any groom is ready to proceed further then only the opposite party will forward the groom profile for the customer. So the Complainant after explaining after explaining all these facts filed this complaint. Hence prayed to dismiss the complaint.

7.     Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

 

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on  27^th of July 2022.  

 

 

S. NANDAGOPALAN                                                              T.R. SIVAKUMHAR                                                         B.JIJAA

         MEMBER II                                                                            MEMBER I                                                            PRESIDENT

 

 

 

List of documents filed on the side of the Complainant:-

 

 

Ex.A1	08.08.2014	Issued by the Opposite Party to the Complainant
Ex.A2	12.12.2014	Complainant’s notice copy to the Opposite Party
Ex.A3	15.12.2014	Postal acknowledgement signed by Opposite Party
Ex.A4	15.12.2014	Postal acknowledgement signed by Mrs.Sarada a staff incharge of MAT 13871-R.Archana
Ex.A6	31.08.2015	Complainant by the Complainant against Opposite Party

 

 

List of documents filed on the side of the Opposite Party:-

 

Ex.B1	08.08.2014	Registation Form with Photo
Ex.B2	12.12.2014	Groom Profile
Ex.A3		Groom Profile

 

 

 

 

 

S. NANDAGOPALAN                                                                    T.R. SIVAKUMHAR                                                    B.JIJAA

         MEMBER II                                                                                    MEMBER I                                                     PRESIDENT