Tamil Nadu

South Chennai

CC/215/2019

R Chandrasekaran - Complainant(s)

Versus

Sundar Thiagarajan Aanda Vikatan Publishers - Opp.Party(s)

Party in person

27 Oct 2022

ORDER

Date of Complaint Filed: 01.08.2019

Date of Reservation     : 26.09.2022

Date of Order              : 27.10.2022

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                            : PRESIDENT

                         THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                         THIRU. S. NANDAGOPALAN., B.Sc., MBA.,    : MEMBER II

 

CONSUMER COMPLAINT No.215/2019

THURSDAY, THE 27^th DAY OF OCTOBER 2022

R.Chandrasekaran,

9/25, Raghavendra Colony,

Chinmayanagar,

Virugambakkam,

Chennai – 600 092.                                                    ... Complainant               

 

..Vs..

 

Sundar Thiagarajan,

Head/Sales & Subscription Division,

Ananda Vikatan Publishers Private Ltd,

757, Anna Salai,

Chennai – 600 002.                                                     ...  Opposite Party

******

Counsel for the Complainant       :Party in Person

Counsel for the Opposite Party    :M/s. M/s. N.Ramesh

 

On perusal of records and on endorsement made by the Complainant having treated the written arguments of the Complainant as oral arguments, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to pay Rs.2449/- towards cost of annual subscription paid to Vikatan Publishers and committed to be refunded by them and to pay Rs.25,000/- for the deficiency and denial of service by the Opposite Party and to pay Rs.25,000/- for the harassment and the resultant stress, tension & mental agony caused to the Complainant and to pay Rs.15,000/- for unfair trade practice along with cost of Rs.5,000/-.

2.     The averments of Complaint in brief are as follows:-

     The Complainant had subscribed to three Vikatan Publications namely, Junior Vikatan, Shankthi Vikatan, Pasumai Vikatan during 2018 on yearly basis which were door delivered by a local hawker of the Opposite Party’s authorised vendor. The Complainant had renewed the subscription for the year 2019 by paying a sum of Rs.2449/- which was collected in person by the collection agent of the Opposite Party. The Complainant received an email acknowledgement from the Opposite Party on 06.02.2019 specifying the subscription No.SUBS0092427. As per their confirmation the delivery of magazines should have started on 17.02.2019. Subsequently there was no delivery of magazines. When the Complainant contacted the Opposite Party, the Opposite Party pestered to take delivery via postal mode. As the Complainant did not want to take delivery by post the Complainant decided to cancel the subscription and wrote a mail on 16.03.2019 to the Opposite Party. On 06.4.2019 the Complainant received an email response from the Opposite Party offering apology for the inconvenience and confirming their refund process which was expected to take 25 days for the refund to be effected. On 17.04.2019 the Complainant received email from the Opposite Party stating that the subscription amount would be refunded within 2 weeks. However the Complainant kept receiving few magazines via postal against Complainants willingness. Thereafter the postal delivery was abruptly stopped. The Opposite Party had not refunded the amounts due to the negligent attitude and by not meeting the contractual obligation in delivery of publications the Complainant had to undergo mental torture. The Complainant has to be compensated for not refunding the subscription amount despite their assurance of refunding in two weeks. Hence the Complaint.

3. Written Version filed by the Opposite Party in brief is as follows:-

        The Complainant subscribed with three magazines namely Juniror Vikatan, Sakthi Vikatan, Pasumai Vikatan   by his subscription application dated 24.01.2019. A receipt dated 01.02.2019 for payment of Rs.2449/- was issued to the Complainant. On verification of the subscription application dated 24.01.2019 and receipt dated 01.02.2019 it is seen that the mode of delivery of magazine has been mentioned as by post-by ordinary mail. Therefore magazine were delivered by post to the Complainant. The Complainant had sent email dated 16.03.2019 and asked for refund as the Complainant did not want delivery of magazine by post. Already Junior Vikatan Magazine (1 and 2 ) -9 issues, Pasumai Vikatan 6 issues, Sakthi Vikatan 6 issues were delivered to the Complainant by post. The subsequent request to change the mode of delivery is not permissible. Anyhow the Opposite Party had sent a reply mail on 06.04.2019 accepting the request for cancellation. The Complainant was informed about the refund cheque No.955218 dated 25.04.2019 drawn on Axis Bank Limited,, Chennai for a sum of Rs.2014/- was made ready after deducting the cost of delivered magazine. The Complainant refused to accept reduced refund to resolve the dispute, after discussion the management decided to refund the full subscription amount without any deduction for the delivered magazines. Thus full subscription of amount Rs.2449/- was paid back to the Complainant by cheque bearing No.007835 dated 26.08.2019 drawn on Axis Bank, Chennai along with a covering letter dated 27.08.2019. There is no deficiency on the part of the Opposite Party. The Opposite Party never agreed to deliver magazines through vendor as alleged. The Complainant requested delivery of magazine by post and later wanted to change mode of delivery. Therefore there is no breach of contract by the Opposite Party and there is no deficiency of service. The subscription amount was also paid back to the Complainant. There is no cause of action to file this complaint. Hence the complaint is prayed to be dismissed.   

4.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-7  were marked. 5.    The Opposite Parties submitted his Written Version. Proof Affidavit of Opposite Party was closed and no document was marked on the side of Opposite Party.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:

Admittedly the Complainant had paid Annual Subscription of Rs.2449/-  for one year  in respect of magazines of the Opposite Party namely Junior Vikatan, Sakthi Vikatan and Pasumai Vikatan for the year 2019 and in support of the same he has produced a receipt dated 24.01.2019, Ex.A-1.  The Opposite Party had acknowledged the payment made by the Complainant and issued subscription No. SUBS0092427 by email dated 06.02.2019, Ex.A-2. The dispute arose when the Complainant sought for deliver of magazines through local hawker and not by post mail. The Opposite Party insisted the Complainant to take delivery of magazines through post which the Complainant refused. The Opposite Party has averred that the Subscription Application dated 24.01.2019 and the Receipt dated 01.02.2019 contains mode of delivery of magazines by post, however the Opposite Party did not produce the documents to prove their case.

As the Opposite Party did not deliver magazines after receiving the subscription amount and when the Complainant made repeated demands the Opposite Party pestered to take delivery by post the Complainant had decided to cancel the subscription and sent a mail dated 16.03.2019, Ex.A-4 and letter dated 01.04.2019, Ex.A-5 to the Opposite Party to cancel his subscription and for refund of the subscription amount. In response to the Complainant’s grievance, the Opposite Party had apologized for the inconvenience caused to the Complainant and accepted to refund the subscription amount by e-mail dated 06.04.2019, Ex.A-6 and e-mail dated 17.04.2019, Ex.A-7.

According to the Complainant, the Opposite Party despite making assurance for refund of the subscription amount had not refunded the amount. The Opposite Party had averred that they had informed the Complainant to collect the cheque No.955218 dated 25.04.2019 drawn on Axis Bank Ltd., for a sum of Rs.2014/- after deducting the cost of delivered magazines but the Complainant refused to accept the cheque and demanded full subscription amount. In order to resolve the dispute the Opposite Party in consultation with the Management had decided to refund the full subscription amount and paid the Complainant by Cheque bearing No.007835 dated 26.08.2019 drawn on Axis Bank, Chennai along with a covering letter dated 27.08.2019 and that there is no deficiency on their part.

Though the Opposite Party contend that they had refunded the full subscription to the Complainant by cheque, the Opposite Party had failed to prove their case by filing Proof Affidavit and supporting documents.

 In view of the aforesaid discussions, we are of the considered view that the Opposite party had failed and neglected to deliver the magazines as agreed and even after cancellation of the subscription failed to refund the subscription amount after making assurance of refunding the subscription amount and hence the Opposite Party had committed deficiency of service. Accordingly, Point No.1 is answered in favour of the Complainant and against the Opposite Party.

Point Nos.2 and 3:-

As point No.1 is answered in favour of the Complainant and found that the Opposite Party had committed deficiency in service, the Opposite Party is liable to refund a sum of Rs.2449/- towards cost of annual subscription paid to Vikatan Publishers and to pay a sum of Rs.5000/- towards the deficiency in service committed by the Opposite Party along with cost of Rs.3000/-. The Complainant is not entitled for any other relief. Accordingly, Point Nos.2 and 3 are answered partly in favour of the Complainant.

In the result the Complaint is allowed in part. The Opposite Party is directed to refund a sum of Rs.2449/- (Rupees Two Thousand Four Hundred and Forty Nine Only) towards cost of annual subscription paid to Vikatan Publishers and to pay a sum of Rs.5000/- (Rupees Five Thousand Only) towards the deficiency in service committed by the Opposite Party along  with cost of Rs.3,000/- (Rupees Three Thousand Only) to the Complainant, within 8 weeks from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% p.a from the date of receipt of this order till the date of realisation.

In the result the Complaint is allowed.

 

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 27^th of October 2022.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT

 

 

List of documents filed on the side of the Complainant:-

 

 

Ex.A1	24.01.2019	Payment acknowledgement No.3529
Ex.A2	06.02.2019	Email acknowledgement by Opposite Party
Ex.A3	12.03.2019	SMS message to Durai, Customer Service
Ex.A4	16.03.2019	Email to Customer Service
Ex.A5	01.04.2019	RPAD letter to Opposite Party
Ex.A6	06.04.2019	Email acknowledgement confirming refund
Ex.A7	17.04.2019	Email to Customer Service objecting to postal delivery

 

 

 

List of documents filed on the side of the Opposite Parties:-

 

NIL

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT