BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD : THIRUVANANTHAPURAM<br /> PRESENT:<br /> <br /> SHRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENA KUMARI.A : MEMBER<br /> SMT. S.K. SREELA : MEMBER<br /> <br /> OP.NO.247/2004 Filed on 11..06..2004<br /> DATED: 29..03..2008<br /> <br /> Complainant:<br /> G. Natesan, Revathy, Cherunniyoor,<br /> Cherunniyoor -P.O., Varkala – 695 142.<br /> <br /> Opposite party:<br /> Siddhique Ul Akbar, Arafa, Pangode – P.O.,Kallara.<br /> Addl. 2nd op.party:<br /> Administrative Officer, Our Kaumudi,<br /> Kerala Kaumudi Office, Pettah, Tvpm.<br /> <br /> 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 04..02..2005, 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 17..03..2008, the Forum on 29..03..2008 delivered the following:<br /> <br /> ORDER<br /> <br /> SMT. BEENA KUMARI.A., MEMBER<br /> <br /> The complainant in this case is Shri.G. Natesan and the Ist opposite party is Siddhique Ul Akbar who is the agent of 2nd opposite party Kerala Kaumudi. The complainant filed the complaint against the opposite parties to realise Rs.1,600/- from the opposite parties which was paid by him under the scheme of 'Our Kaumudi', along with costs and compensation for his loss and sufferings.<br /> 2. The opposite parties remained ex-parte.<br /> 3. The points that would arise for consideration are:<br /> (i) Whether there is deficiency in service and unfair trade practice from the part of the opposite parties?<br /> (ii) Whether the complainant is entitled to get reliefs claimed?<br /> <br /> 4. Points (i) & (ii): The complainant paid an amount of Rs.1,600/- to the Ist opposite party for the subscriptions under the scheme 'Our Kaumudi' on the inspiration of his friend Shri. Radhakrishnan. The Ist opposite party is the agent of 2nd opposite party. The complainant and his friend joined the scheme by paying the amount through the Ist opposite party. The subscriptions under the scheme were getting promptly his friend. But the complainant has not received any subscription under this scheme till date.<br /> 5. He went to the 2nd opposite party's office and enquired about the same, then the 2nd opposite party replied that the Ist opposite party did not paid the amount to the 2nd opposite party. But the Ist opposite party informed the complainant that he had paid the amount to the 2nd opposite party. Though the complainant paid the amount to the opposite parties for getting the benefit under the scheme 'Our Kaumudi' he has not received the same. Hence the acts of the opposite parties amounting to their unfair trade practice and deficiency in service.<br /> 6. The complainant was examined as PW1 and marked the pre paid coupon as Ext.P1. The Ext.P1 document shows that the complainant paid Rs.1,600/- to the opposite parties for the subscriptions under the Scheme 'Our Kaumudi', which is apparently an acceptance of the said amount for the subscription towards the scheme. As per it the opposite parties are obliged to make themselves assured that the complainant is getting the benefits under Scheme.<br /> 7. On the perusal of the available document and on record deposition of the complainant this Forum has come to the conclusion that there is unfair trade practice and deficiency in service on the part of the opposite parties and the complainant is entitled to get the reliefs prayed for. The opposite parties are jointly and severally liable to refund the amount to the complainant with costs and compensation.<br /> In the result, an order is passed as follows: The opposite parties are directed to refund Rs.1,600/-(Rupees One thousand six hundred only) to the complainant with interest at 12% from May 2003 till realisation with costs Rs.2 50/- (Rupees two hundred and fifty only) and Rs.500/- (Rupees five hundred only) towards compensation for his grievances. Time for compliance two months, failing which execution can be taken.<br /> 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.<br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 24th day of March, 2008.<br /> <br /> G.SIVAPRASAD,<br /> PRESIDENT.<br /> BEENA KUMARI. A : MEMBER<br /> <br /> S.K. SREELA : MEMBER<br /> <br /> ad.<br /> O.P.No.247/2004<br /> <br /> APPENDIX<br /> <br /> 1.Complainant's witness:<br /> <br /> PW1 : G. Natesan<br /> 2.Complainant's documents:<br /> <br /> Ext. P1 : Photocopy of prepaid coupon TRACK No.604424<br /> <br /> 3.Opposite parties' witness : N I L<br /> <br /> 4.Opposite parties' documents : N I L<br /> <br /> <br /> <br /> <br /> PRESIDENT.<br /> <br /> ad.