BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 31st day of October, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.146/2009

Between

Complainant : Rajan S/o Kunjan,

Mayikkal House,

Panikkankudy P.O,

Idukki District.

(By Adv: K.M.Sanu)

And

Opposite Parties : 1. Suresh S/o Narayanan,

Kozhitharayil House,

Panikkankudy P.O.

Idukki District. (Secretary, SNDP Branch No.3663,

Panikkankudy)

2. C.S.Sajeevan S/o Sivan,

Chazhikkarayil House,

Panikkankudy P.O.

Idukki District. (President, SNDP Branch No.3663,

Panikkankudy)

(By Adv: Pratheesh Prabha)

O R D E R

SMT.SHEELA JACOB(MEMBER)

The complainant is a member of the SNDP Branch No.3663, in which the Ist opposite party is the Secretary and the 2^nd opposite party is the President. The marriage of Rejitha, the daughter of the complainant was fixed to be conducted on 19.04.2009 and the fact was intimated to the opposite parties and necessary fees also was remitted. The complainant's daughter has attended the pre-marriage course on 9.04.2009 and the certificate was issued to the Ist opposite party but they imposed fine of Rs.1,000/- and that was also remitted. The opposite parties were participated in the marriage. As per the custom precedent and procedure of the community, the opposite parties are bound to register the marriage in the relevant records maintained by the Ist opposite party. Though the request was made to the Adimali SNDP Union Secretary on 27.05.2009, but he did not give any reply. Alleging that the act of the opposite party amounts to deficiency in service, the complaint has been filed for directing the opposite party to register the marriage of the daughter of the complainant in the records of the Ist opposite party and to issue a marriage certificate. Also to pay compensation to the tune of Rs.50,000/-.

2. Notice was served to the opposite parties, but no written version was filed by the opposite parties. So the opposite parties were called exparte.

3. The complainant has given evidence as PW1 and Exts.P1 to P5 were marked.

4. The POINT :- The complainant was examined as PW1. According to the complainant, the marriage of the complainant's daughter was took place in his residence on 19.04.2009. Ext.P1 is the receipt for payment of service charges including for marriage certificate. Ext.P2 is the receipt for payment of monthly installments. Ext.P3 is the receipt for payment of Rs.1,000/- for pre-marriage course fine. Ext.P4 is a copy of the notice sent by the complainant to the Adimali SNDP Union Secretary. Ext.P5 is a copy of the notice sent by the complainant to the Ist opposite party, but the opposite party did not give any reply or never issued the marriage certificate. The complainant would allege that it was due to the laches of the opposite party that the non-issuance of marriage certificate to the complainant. The complainant was remitted necessary fees and fine amount for the pre-marriage course. But the opposite parties were not ready to issue the marriage certificate. From this, it is evident that the opposite parties should register the marriage of the complainant's daughter which took place in his residence as on the date of the celebration and to issue the marriage certificate to the complainant. Therefore there was clear deficiency in service on the part of the opposite parties. So the suitable course appears to us is to direct the opposite parties to issue marriage certificate. The complainant is also entitled to the cost of this petition which we would fix at Rs.1,500/-.
 

In the result, the opposite parties are directed to issue marriage certificate to the complainant within 15 days from the date of receipt of this order and Rs.1,500/- as cost of this petition within 15 days of receipt of a copy of this order, failing which the amount shall carry 12% interest from the date of default.

Pronounced in the Open Forum on this the 31^st day of October, 2009

Sd/-

SMT.SHEELA JACOB(MEMBER)

Sd/-

I agree SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

I agree SMT.BINDU SOMAN(MEMBER)

APPENDIX

Depositions :

On the side of Complainant :

PW1 - Rajan

On the side of Opposite Parties :

Nil

Exhibits:

On the side of Complainant:

Ext.P1 - True copy of Cash Receipt dated 9.04.2009 for Rs.850/-

Ext.P2 - True copy of Receipt dated 30.11.2008 for Rs.1,160/-

Ext.P3 - True copy of Receipt dated 15.11.2009 for Rs.1,000/-

Ext.P4 - True copy of complainant's complaint dated 27.05.2009 addressed to the Secretary, SNDP Union, Adimali

Ext.P5 - True copy of Complainant's complaint dated 3.07.2009 addressed to the Ist opposite party

On the side of Opposite Parties:

Nil