BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30th day of November, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.12/2009

Between

Complainant : Asokan S/o Gopalan,

Oledathu House,

Prakash P.O,

Idukki District.

(By Adv: K.M.Sanu)

And

Opposite Parties : 1. Samjith S/o Thankachan,

Secretary,

SNDP Branch No.1747,

Prakash P.O, Prakash.

(By Adv: Fenil Jose)

2. The Secretary,

Idukki SNDP Union,

Idukki Colony P.O,

Cheruthony.

(By Adv: Sibi Thomas)

3. The General Secretary,

SNDP Yogam,

Kollam.

(By Adv: Sibi Thomas)

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
 

Complainant is a member of SNDP Branch No.1747 named Prakash. He is promptly paying all the contributions and monthly fee of the SNDP Branch. The marriage of the complainant's daughter Anjana was fixed on 25.01.2009 with one Mr.Arun, Vattamala House, Kattappana. The pre-marriage course was also attended by the daughter of the complainant as per the direction of the SNDP branch and Rs.250/- was paid as fee for the same. The marriage fixing ceremony was on 4.01.2009. After that the complainant applied for getting the "Vivaha pathrika" to the opposite party. The complainant was ready to pay the dues regarding the monthly contribution to the opposite party. But the opposite party deliberately denied to issue the "Vivaha pathrika" to the complainant for the marriage of his daughter. So a complaint was filed by 60 members of the branch to the Secretary of SNDP Union on 14.01.2009. But there was no effect for the same. The complainant is ready to pay any of the dues to the opposite party and this petition is filed for getting the pathrika of the marriage of his daughter and also for compensation.
 

2. The Ist opposite party filed a written version stating that the complainant is a member of the opposite party's SNDP Branch named Prakash. But the complainant is a chronic defaulter of the monthly payments and contributions to the branch. The complainant came to the residence of the Ist opposite party on 27.12.2008 evening and invited the marriage fixing ceremony of his daughter on 4.01.2009 at 10.30 a.m. at the residence of the bride-groom. At that time it was informed to the complainant that the Ist opposite party had to go to Kottayam on the same day for getting the treatment records of his father. A committee was formed on 31.12.2008 and it was decided to appoint one Mr.Sasi Pezhumkal to participate in the marriage fixing ceremony of the complainant's daughter. These matters were also informed to the complainant. But the complainant was not ready to accompany with Sasi Pezhumkal and so they started journey before the arrival of the said Sasi pezhumkal. The relatives of the bride-groom asked about the non-participation of the SNDP branch, caused mental agony to the complainant. So the complainant tresspassed in the house of the Ist opposite party in the evening at 6.30 p.m, assaulted the mother of the Ist opposite party and abused his mother and sister. The mother of the Ist opposite party was admitted in hospital and a complaint was filed before the Kattappana Police Station. The Kattappana police registered a case against the complainant as Crime No.13/09 under Section 452, 324, 341, 354, 323 and 506(1) of IPC. A false complaint as Crime No.25/09 was also filed by the wife of the complainant against the Ist opposite party at Idukki Police Station for defending from the above crime. The branch committee has given notice to the complainant about the illegal act of the complainant. But the complainant never approached the opposite party or the SNDP Branch. Only because the complainant avoided Mr.Sasi Pezhumkal, the SNDP branch was not aware of the date and time of the marriage of the daughter of the complainant. The daughter of the complainant never participated in any of the pre-marriage courses conducted by the SNDP Prakash branch. Because of serious heart disease, the Ist opposite party was engaged in the treatment of his father and availed leave from the SNDP branch. Charge was given to the President of the branch. For the treatment of his father, the Ist opposite party was in Sri.Sathyasai Institute of Higher Medical Sciences at Prasanthigram in Ananthapur District. After that a notice was received from this Forum. The complainant never applied for getting the marriage pathrika for his daughter. He never paid the entire dues in the branch as the monthly fee. The Ist opposite party's mother filed a petition against the complainant and so the complainant publicly declared that he never want any marriage pathriaka from the Ist opposite party, he would avail the same from the Court. So the complainant never approached the opposite party for getting the vivaha pathrika. The petition is only for harassing the opposite party and may be dismissed.
 

3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to ?
 

4. The evidence consists of the oral testimony of PW1 and Exts.P1 to P5 marked on the side of the complainant and the oral testimony of DW1 and Exts.R1 to R6 marked on the side of the opposite parties.
 

5. The POINT :- The only dispute is that the opposite party denied to issue the vivaha pathrika to the complainant for the marriage of his daughter. Later when this complaint was filed, the vivaha pathrika was issued by the Ist opposite party to the complainant as per the order of this Forum dated 19.01.2009. Complainant was examined as PW1. PW1 deposed that he was ready to pay all the dues to the opposite party branch and he was paying them regularly. Ext.P1 is the copy of the pass book of the SNDP Union, Prakash branch of the complainant. Ext.P2 is the mass petition filed by the complainant and his relatives to the Secretary, SNDP Union for getting the marriage pathriaka for his daughter. Ext.P3 is the copy of the invitation letter for the marriage of his daughter dated 25.01.2009. Ext.P4 is the chart fixing the date of marriage of the complainant's daughter. PW1 deposed that the opposite party deliberately denied the marriage pathrika of the daughter as per the application of the complainant. The opposite party received Rs.3,014/- as feefor the dues at the branch office for the monthly contributions. PW1 and his family suffered a lot because of the non-issuance of the marriage pathrika and they were in a fear that the marriage could not be conducted on the fixed day because of the non-availability of the pathrika. The Ist opposite party was examined as DW1. DW1 deposed that he informed the complainant that he would not be able to participate in the marriage fixing ceremony of the complainant's daughter and so one Sasi Pezhumkal was authorised to participate in the same as an official staff of the opposite party. The copy of the minutes for appointing the said Sasi Pezhumkal is marked as Ext.R1. But the complainant was not ready to participate the said Sasi Pezhumkal in the function so they avoided the said person. The relatives of the bride-groom enquired about the non-participation of the SNDP official members and it made mental agony to the complainant. So the complainant tresspassed to the house of the Ist opposite party in the evening and assaulted the mother of DW1. So a complaint was filed against PW1 by the mother of DW1 at Kattappana Police Station. Kattappana Police registered a crime as No.13/2009 under Section 452, 324, 341, 354, 323 and 506(1) of IPC, copy of which is marked as Ext.R2. Because of the same the complainant never approached the opposite party for getting the marriage pathrika of the daughter of the complainant. DW1 was at “Prasanthigram” for the treatment of his father's heart disease. So the charge of the Ist opposite party was given to the 2^nd opposite party.
 

6. As per the complainant, the opposite party deliberately denied the marriage pathrika to his daughter even though he was paying the monthly contributions and fee regularly. Ext.P1 is the copy of the passbook of the complainant issued from the SNDP Union, Prakash branch. But it is seen from Ext.P1 that the complainant has paid the monthly fee to the opposite party only upto 28.03.2007. PW1 admitted that he paid Rs.3,014/- to the opposite party at the time of getting the marriage pathrika on 23.01.2009 from this Forum as per I.A No.2/2009. It means that there is a due of Rs.3,014/- to the opposite party. As per the opposite party the complainant was a chronic defaulter of the monthly payments. Ext.R5(series) is the receipt and marriage certificate issued from the opposite party in the name of Anjana Asokan, the daughter of the complainant. Ext.R4 (series) is the monthly payment register of the complainant at the SNDP Branch. Ext.R2 is the copy of the FIR showing that the complainant is the accused in crime No.13/09 at Kattappana Police station, in which the defacto complainant is one Saradha, mother of Ist opposite party and the main offence is the complainant tried to “outrage the modesty of the woman”. So we think that the complainant was in enmity with the Ist opposite party and he is a chronic defaulter of the monthly payments in the SNDP Branch. But he received the marriage pathrika before the marriage as per the direction of this Forum. So the complaint is filed because of the enmity between the parties and there is no deficiency is seen from the part of the opposite party.
 

Hence the petition is dismissed.

Pronounced in the Open Forum on this the 3^0th day of November, 2009

                               Sd/-

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

                               Sd/-
 

I agree SMT.SHEELA JACOB(MEMBER)

                               Sd/-
 

I agree SMT.BINDU SOMAN(MEMBER) 

APPENDIX

Depositions :

On the side of Complainant :

PW1 - Asokan

On the side of Opposite Parties :

DW1 - C.T.Samjith

Exhibits:

On the side of Complainant:

Ext.P1 - Photocopy of Pass Book of complainant

Ext.P2 - Photocopy of Mass Petition filed by 62 branch members(including the complainant) of SNDP Prakash branch to the Secretary, SNDP Union,

Idukki

Ext.P3 - Photocopy of Invitation Letter

Ext.P4 - Photocopy of Chart dated 4.01.2009 for fixing the date of marriage

Ext.P5 - Photocopy of letter dated 20.01.2009 issued by the General Secretary,

SNDP Yogam, Kollam

On the side of Opposite Parties :

Ext.R1 - True copy of Minutes dated 31.12.2008

Ext.R2 - Photocopy of FIR

Ext.R3(a) - Photocopy of Railway ticket dated 18.01.2009

Ext.R3(b) - Photocopy of 'Patient Registration Card'

Ext.R4(series) - Monthly payment register of the complainant at the Prakash SNDP Branch

Ext.R5(a) - Receipt dated 23.01.2009 for RS.850/-

Ext.R5(b) - Receipt dated 23.01.2009 for Rs.2,164/-

Ext.R5(c) - Marriage Certificate of complainant's daughter

Ext.R6 - Photocopy of Application dated 16.01.2009 submitted before the Secretary, SNDP Union, Idukki by 96 members of Prakash SNDP branch