IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM
DATED THIS THE 30thDAY OF APRIL2021
Present: - Sri.E.M.Muhammed Ibrahim, B.A, LLM. President
Sri.Stanly Harold, B.A.LLB, Member
CC.No.176/2019
MuraleedharanPillai D.,50 years,
S/o DamodaranPillai P.,
Kallumpurathu,
Kottakkakom, Perinad P.O.,
Kollam 691601. : Complainant
V/S
Sumi,
Vivahavedi, Matrimonial,
Vellayittambalam,
Thirumullavaram P.O., Kollam. : Opposite party
ORDER
Sri.Stanly Harold, B.A.LLB, Member
This is acase based on a consumer complaint filed under section 12 of the Consumer Protection Act 1986.
The averments in the complaint in short are as follows.
The complainant is residing on the above said address for the last so many years. The opposite party is conducting a marriage bureau in the name VivahavediMatrimonial inVellayittambalam West Kollam. According to the complainant attracted by the advertisement published by the opposite party in the media he approached opposite party for the purpose for arranging the marriage of his sister’s son. It is further alleged in the complaint that the details of the groom has been produced before the marriage bureau and given an amount of Rs.2,800/- as fee for registration. The opposite party accepted the same acknowledged and registered the details of the groom. At the time of registration the opposite party has promised to provide necessary services. But no proper service was provided to the complainant in spite of repeated request directly and through phone. According to the complainant the opposite party has promised to provide the service for conducting the marriage of the groom taking into account of the age, star etc. and also to arrange to supply the details of the bride and their phone number. But the unfortunately the same were not provided by the opposite party which amounts to deficiency in service. According to the complainant due to the deficiency in service on the side of the opposite party the complainant has sustained monetary loss and mental agony and hence the complainant is to entitled to get back the amount paid by the complainant as registration fee and also entitled to get Rs.5,000/- as compensation and costs.Hence the complaint.
Though noticewas served to the opposite partyshe had neither appeared before the commission nor filed any version. Hence the opposite party has been set exparte. The complainant has filed affidavit by reiterating the averments in the complaint and the duly filled up registration form cum welcome notice has been got marked as Ext.A1.
Heard the counsel for the complainant and perused the records. The unchallenged averments in the complaint coupled with Ext.A1 document would establish that complainant has paid an amount of Rs.2,800/- and got registered for the marriage of his sister’s son with all necessary documents. It is specifically stated in Ext.A1 document that special service provided by the opposite party is with regard to religion, caste, age, education qualification, employment, star and residential place. Thereafter based upon these details the party concerned for the marriage will express their willingness for marriage. The complainant has believed the representation of the opposite party and waited for the replybut in vain. Though the complainant had contacted several times and requested the opposite party to provide him the required service for the marriage he has failed to do so by stating one reason or another. According to the complainant the above act of opposite party is a clear case of deficiency in service as well as unfair trade practice.
It is clear from the available materials that the complainant is a consumer of the opposite party who is a service provider. The opposite party has received an amount of Rs.2,800/- for the purpose of registering the marriage in the bureau . It is also clear from the available materials that after receiving consideration the opposite party has failed to provide the required service and hence there is clear deficiency in service on the part of the opposite party. In the circumstances the complainant is entitled to get refunded the registration fee along with interest.It is also clear from the available materials that the complainant has sustained much mental agony apart from monitory loss. Hence the complainant is also entitled to get a reasonable compensation and costs of the proceedings. In the circumstances the complaint is only to be allowed.
In the result complaint stands allowed in the following terms.
- The opposite party is directed to pay Rs.2,800/- received as registration fee with interest at the rate of 6 % per annum from the date of receipt of registration fee from the complainant.
- The 1st opposite party is also directed to pay Rs.5,000/- as compensation and Rs.2,000/- as costs of the proceedings to the complainant.
- The opposite party is directed to comply with the above directions within 45 days from the date of receipt of a copy of this order failing which the complainant is entitled to recover the same along with interest @ 9 % per annumfor the entire amount except for costsfrom 14.08.2018 onwards from the opposite party and fromthe assets of the Vivahavedi Matrimonial.
Dictated to the Confidential Assistant Smt. Minimol S. transcribed and typed by her corrected by me and pronounced in the Open Forum on this the 30th day of April 2021.
E.M .MUHAMMED IBRAHIM:Sd/-
STANLY HAROLD:Sd/-
Forwarded/by Order
Senior Superintendent
INDEX
Witnesses Examined for the Complainant:-Nil
Documents marked for the complainant
Ext.A1 : complainant has paid an amount of Rs.2,800/- and got registered for the
marriage of his sister’s son
Witnesses Examined for the opposite party:-Nil
Documents marked for opposite party:-Nil
