SRI. SAJEESH.K.P    : MEMBER

    The complainant has filed this complaint  under Sec.35 of the Consumer Protection Act 2019,seeking  direction against the  OP to refund Rs.4900/-  paid to OP towards the price of registration fee and interest  @12% to the complainant.

Complaint in brief :-

   According to complaint,  on 14/1/2024 the complainant approached OP, who is the manager of matrimonial center in search of a bride suitable to complainant.  On the direction of OP, the complainant registered  with the  site  by paying Rs.4900/- .  Whenever complainant tried to contact OP, he received the reply that the search was in progress and so far no service was provided by the OP to the complainant and hence this complaint.

            After filing the complaint commission sent  notice  to OP.  Notice  of OP  returned with  an endorsement “ Intimation given” . But OP not  appeared before the commission and not filed any version.    So  the OP had no version as such in this case  came to be proceed against the OP as set exparte. 

     Even though, the OP has remained ex-parte, it is for the complainant to establish the allegation made by him against the  OP.  Hence the  complainant was  called upon to produce evidence in the form of affidavit and documents.  Accordingly the  complainant  has chosen to produce his affidavit along with 4 documents  marked as Exts.A1 to A4.  Ext.A1 is the  cash invoice issued OP on 14/1/2024, Ext.A2 is the  copy of lawyer notice, Ext.A3 is the postal receipt and Ext.A4 is the return lawyer notice of OP. The complainant was examined as PW1. So the OPs remain absent in this case.  At the end the commission heard the case on merit.

           Let us  have a clear glance in to the relevant  documents produced by  the complainant  since OP remained exparte.   On the perusal of Ext.A1, it is apparent that the complainant  paid Rs.4900/- to OP on 14/1/2024 towards the website registration fee.  From Ext.A2, the commission assumes that the complainant had suffered deficiency  in service from the side of OP.  Even after the payment of consideration and being a consumer of OP,  complainant failed to avail the service from the OP.  Moreover, Exts.A3&A4 show that the complainant had taken steps to avail the service of OP and he failed .  Hence the commission came into a conclusion on the basis of available evidences that the complainant suffered hardship due to the deficiency in service from the side of OP and hence thereby  the complainant is entitled to get compensation.

           In the result complaint is allowed in part.  The opposite party is directed to  pay Rs.4900/- paid by complainant to opposite party and also pay Rs.5000/-  as compensation  for mental agony and Rs.3000/- as cost of litigation to the complainant  within 30 days of receipt of this order.   In default the amount of Rs.4,900/- carries 10% interest per annum from the date of order till realization. If the opposite party fails to comply the order, complainant is at liberty to file execution application against opposite party as per the provisions of Consumer Protection Act 2019. 

Exts:

A1-   Tax invoice

A2- lawyer notice

A3- postal receipt

A4-returned notice

PW1-Sumesh.P.K-Complainant

    Sd/                                               Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                       /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR