1     The complainant Sh. Pritpal Singh filed the present complaint under the Consumer Protection Act against Pandit Sunil Vats -Opposite Party (O.P.) for recovery of Rs. 1,400/- as excess fee and Rs. 5,00,000/- as damages etc. 
2    The case of the complainant in brief is that the complainant was viewing T.V. Channel i.e. Big T.V. Reliance Channel No. 428 Sudarshan Channel where program Vedic Rawan Sahita was being telecasted and it was being declared that for exact future prediction, a phone call be given on the number being telecasted on the T.V and complainant being induced by this T.V. programme, gave a phone call but it was not responded and then after 2 to 4 Hours, the complainant received a phone call on his number 98146-54324 from 01142737373 at about 11.27 A.M. on 13.12.2015 and the phone call continued for 19.14 minutes  and initially opposite party demanded Rs.3,500/- for giving future prediction of life but after prolonged bargaining, opposite party agreed to provide future prediction for 3 lives for Rs. 2,100/- and also agreed to give future prediction of the complainant as well as his son though in one booklet to which complainant agreed; that on 2.1.2016, official of Postal Department brought a parcel and demanded amount of Rs. 3,500/- and on receiving the message from his house, the complainant immediately gave a phone call on phone No. 011427373 and inquired about excess amount being demanded and then a person who attended the phone call, told the complainant that Pandit Ji is not available and he should receive the parcel and after the arrival of Pandit Ji, the excess amount would be returned and the family of the complainant received the parcel and paid Rs. 3,500/- but after opening the parcel, the complainant found that it contained the booklet containing some prediction regarding his son Jatinder Singh only which was also not according to their requirement as was promised during the conversation; that booklet contained only about 25% of the required information as promised during the conversation; that thereafter the complainant gave phone calls several times to the opposite party but with no effect as the excess amount was not returned nor complete information was supplied nor the damages as claimed by the complainant was paid. Hence complaint was filed. 
3    After formal admission of the complaint, notice was issued to the opposite party and opposite party was declared to have been duly served through registered cover but none appeared on behalf of opposite party and consequently opposite party was proceeded against ex-parte vide detailed order dated 21.4.2016.
4    The complainant tendered in ex-parte evidence his affidavit Ex. C-1 alongwith documents Ex. C-2 to C-5 and closed his evidence. 
5    We have heard the complainant in-person and have gone through the file minutely. 
6    The complainant tendered in evidence his affidavit Ex. C-1 reiterating all the allegations of the complaint in it in verbatim and also stated regarding the various phone calls given by the complainant to the opposite party but the excess amount was not returned nor the complete information as promised by the opposite party was supplied. The complainant also proved receipt of Rs. 3,500/- Ex. C-2 and cover of booklet Ex. C-3 which shows that information was supplied only relating to Jatinder Singh and not of complainant himself. The complainant also proved two C.Ds in proof of conversation took place between the complainant and opposite party and also supplied the text of conversation took place between the complainant and opposite party. 
7    The opposite party was proceeded against ex-parte and as such, there is no rebuttal or challenge to the evidence of the complainant produced on the file and the evidence of the complainant goes unchallenged and unrebutted and there is no reason on the file to disbelieve the same. Otherwise also, due notice was given to the opposite party and opposite party was declared to have been duly served through registered cover but neither opposite party nor anybody else on his behalf appeared in the complaint in order to contest the allegations of the complainant and it shows that opposite party has nothing to say against the claim of the complainant. In view of unchallenged and unrebutted evidence, the complainant has succeeded in proving his case against the opposite party. 
8    In view of above discussion, the complaint succeeds and same is allowed ex-parte in favour of complainant and against the opposite party and the complainant is held entitled to recover Rs. 1,400/- (Rs. One thousand and four hundred only) from the Opposite Party as excess charged fee. The Opposite Party is directed to prepare the future prediction of the complainant within one month from the receipt of copy of order failing which the complainant is entitled to recover Rs.  1,050/- (Rs. One Thousand and fifty only) on this account as complainant has paid Rs. 1,050/- to Opposite Party as fee for preparing his future prediction. The complainant is also held entitled to recover compensation on account of harassment and mental agony due to act and conduct of Opposite Party to the extent of Rs. 3,000/- (Rs. Three Thousand Only) and complainant is also held entitled to Rs. 1,000/- (One Thousand only) as litigation expenses. The Opposite Party is directed to comply with the order within one month from the date of receipt of copy of order. Copy of order be supplied to the parties free of costs under the law. File be consigned to record room.
Announced in Open Forum
Dated: 6.10.2016