Date of filing : 24-10-2010
Date of order : 30-01-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.108/2011
Dated this, the 30th day of January 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
A. Balakrishnan Nair, } Complainant
Noonhikkanam House,
Po.Madikkai, Via. Nileshwar.
(In Person)
1. Sumathi, W/o. Ravi, } Opposite parties
Agent, Mathrubhoomi Daily,
Po. Madikkai, Via. NIleshwar.
(Adv. Geentha.N.V. Hosdurg)
2. Senior Manager,
Mathrubhoomi, Kannur.
(Adv. A. M. Abdul Jamal, Kasaragod)
O R D E R
SMT.K.G.BEENA, MEMBER
The grievance of the complainant Sri.Balakrishnan Nair is that as a subscriber of Mathrubhoomi Daily, his agent willfully delayed the supply of news paper to the complainant and was very irregular in supplying the same.
2. According to opposite party No.1, the complainant was very irregular in paying monthly subscription bills issued to him. He pays the amount only after several requests. Being a lady this caused inconvenience to opposite party No.1 as she has to approach the complainant several times demanding the bill amount. Hence the supply of news paper to the complainant is stopped from May 2011 after informing him regarding the same. Opposite party No.2 also filed a detailed version. According to opposite party No.2 there is no truth or bonafides on the part of the complainant in preferring this complaint against opposite party No.2 complainant not entitled any relief. No amount have been received by opposite parties from complainant. There is no negligence, deficiency of service or unfair trade practice on the part of opposite parties. No loss, injury, or hardship has been caused to the complainant on account of this opposite party.
3. Complainant is examined as PW1. He faced cross-examination by the counsels of opposite parties 1 & 2. Both sides heard and documents perused.
4. The questions to be answered in this case are:
1. Whether there is deficiency of service on the part of opposite parties?
2. If so, what is the relief?
5. For convenience both these issues can be discussed together.
Here the complainant was a subscriber of Mathrubhoomi daily for the last twenty five years. His complaint is that agent willfully delayed the supply of news paper to the complaint and was very irregular in supplying the same. There is a strong allegation in the version of opposite party No.1 against the complainant that his subscription amount from February 2011 was due and he is not having the habit of paying bills. Complainant has not taken any steps to produce those receipts. As a retired teacher it is hard to believe that complainant paid money without receipts.
6. Complainant seeking relief from opposite party No.1. But from May 2011 opposite party No.1 discontinued agency. She supplied news paper to the complainant till April 30th 2011. Complainant failed to prove deficiency of service on the part of opposite party No.1 there was no materials on record to prove that the complainant approached the forum with clean hands.
7. In the light of the above discussions we are of the view that complainant approached the Forum without clean hands.
In the result, complaint is dismissed with no order as to costs.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Ext.B1.Photocopy of Agency Application.
PW1. Balakrishnan Nair.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
