DISTRICT CONSUMER DISPUTES REDRESSAL FORUM  PALAKKAD

Dated this the 17^th day of July 2018

Present   : Smt.Shiny.P.R. President

              : Smt.Suma.K.P. Member                                Date of filing:  06/03/2018

              : Sri.V.P.Anantha Narayanan, Member

CC/36/2018

C. Gangadharan

S/o. A. Govindan Nair (Late),

R/A 15/2(1), T.B. Road, Sunshine Villa,          -  Complainant           

Opposite  L.S.N. Convent,

Ottapalam , Palakkad Dist,

Pin - 679 102

(By party in person)

                                                          Vs

1. The Chairman & Managing Director,

Matrimony Co.Ltd., No. 94, T.V.H,

Beliciaa Towers, 10^th Floor,

Tower 2, MRC Nagar,

Mandaveli, Chennai – 600028

2. Elite Matrimony .Com,

No. 94, TVH, Beliciaa Towers,- Opposite parties

M.R.C Nagar, Mandaveli,

Chennai – 600028

3. Kerala Matrimony

376,376A JosJunction 3^rd Floor,

Joise Annexe Building,

M.G. Road, Cochin -082 016

                                                          O R D E R

By Smt.Suma.K.P. Member

          The complainant herein had a daughter, named Doctor.Sreja, Aged 32 years.  She is now studying in the final year for Doctorate in Medicine (DM-Cardiac Anesthesia) in Amritha Institute of Medical Sciences, Kochi.  For the past eight years the complainant has registered Doctors Sreja’s name with Kerala Matrimony (3^rd opposite party) as registration number – 2788146 for match making purpose preferably from medical professionals.  Some how the complainant could not finalize any bride groom either from the opposite parties or from the other sources.  Whenever there is a break in continuation of membership in Kerala Matrimony, the marketing staff of 3^rd opposite party used to continuously contact the complainant over phone to renew registration with so many assurances.  After getting renewal payment, the concerned staff will disappear till the next renewal time. 

          Meanwhile, the complainant met an advertisement in Times of India dated.21.02.2018 (Kerala Edition) provided by Elitematrimony.com.  On 22^nd January the complainant contacted the phone number mentioned in the advertisement of 2^nd opposite party and has briefed her profile of Dr.Sreja.  She wanted the complainant to register with 2^nd opposite party to enable them to process further and also sent the details of the membership details and its services.  Since the daughter of the complainant was a registered member of 3^rd opposite party for the past eight years or so, the complainant informed the 3^rd opposite party as per the advertisement given by 2^nd opposite party in Times of India daily dated.21.01.2018, and the complainant’s desire to take membership of the 2^nd opposite party with 3 months with lowest rates provided so that the 3^rd opposite party can process the above mentioned advertisement.  The 3^rd opposite party promised the complainant that they will follow up the subject match fixing proposal as soon as the complainant becomes a paid member of 2^nd opposite party.  The complainant requested 3^rd opposite party to give discount from the quoted membership fee of Rs.59,000/- for “gold” category.  The 3^rd opposite party offered Rs.50,000/- and also informed that it is valid only for that day and the complainant agreed to the said membership fee of Rs.50,000/- and within one hour after confirmation of the deal the complainant handed over a cheque for Rs.50,000/- drawn on matrimony.com Ltd, which was cleared by matrimony.com (Ltd) on 05.02.2018.  The email from the 3^rd opposite party confirms the partner preference for the daughter of the complainant and also informed that one or two profiles per week will be send.  Even though the complainant became the member of 2^nd opposite party for processing the advertised proposal for a bride groom from a doctor (MBBS, MD) there was no mention in the email about that case.  The complainant again insisted the 2^nd opposite party to process the doctor’s case but they were evading to give a direct reply.  The advertisement appeared in Times of India dated.21.01.2018, was again repeated in times of India dated.11.02.2018, 25.02.2018 & 04.03.2018.  Complainant alleges that if the advertisement was based on real facts, the 2^nd opposite party could have initiated of processing procedure as per the request of the complainant.  In this situation the complainant doubts whether the advertisement given by the 2^nd opposite party is genuine or a ghost beneficiary as a part of business strategy followed by them to enroll more members with 2^nd opposite party. 

          No valuable benefits as promised by the opposite parties has been transferred to the complainant after accepting the membership fee of Rs.50,000/-.  The procedure followed by the opposite parties to conclude the deal with the complainant was not in accordance with the relevant law on the subject.  The promise made by 2^nd & 3^rd opposite parties are not true and they had no intention for performing it.  2^nd opposite party & 3^rd opposite partiwa does not contain any bride groom profiles as per the requirement of the complainant.  The complainant has no permission to access the data bank of the 2^nd opposite party.  The opposite parties do not care to respond to customer care of the receipt of good amount of membership fee and they do not have any business ethics. 

          Advertisement in Times of India dated.04^th march 2018 has a significant change from other above mentioned advertisement wherein it was stated that bride groom is a divorced man.  From the above it is clear that the opposite party wanted to misrepresent the customers in order to attract them to enroll with the 2^nd opposite party.  Complainant further alleges that on each occasion the complainant has pinpointed the desire to register with 2^nd opposite party was only to get process the above mentioned advertised match fixing case.  All the opposite parties are in hand and have cheated the complainant hence he had approached before the Forum for the redressal of his grievance and also to direct all the opposite parties either jointly or severally to be responsible to pay an amount of Rs.18,00,000/- to the complainant as compensation.  The deficiency of service on the part of opposite parties has damaged the complainant’s daughter’s social status and the complainant has to overlook some other materializing match fixing proposals.  It has caused heavy financial loss to the complainant.  Hence he has also claim Rs.1,00,000/- towards mental agony suffered by him and also to order the opposite parties to refund the registration fee of Rs.50,000/- realized by them with penal interest @ 18% p.a till realization of the amount along with cost of this proceedings. 

          Notice was issued to the opposite parties for appearance.  They sent a letter seeking time for filing version but no version was filed by the opposite parties thereafter.  Complainant filed chief affidavit along with documents.  Ext.A1 to A14 was marked from the side of the complainant.  Evidence was closed and the matter was heard. 

The following issues that arise for consideration are.

1. Whether there is any deficiency of service from the part of opposite parties?
2. If so, what are the relief and cost?

Issues 1 & 2

          We have perused the documents as well the affidavits produced before the Forum.  It is evident from the documents that the complainant was cheated by the opposite parties by giving false promises and taking huge amount from the complainant.  There is no contra evidence before the Forum to disprove the allegations stated in the complaint.  Hence the complaint is allowed and we hereby direct the 2^nd opposite party to refund an amount of Rs.50,000/- (Rupees fifty thousand only) collected from the complainant with 6% interest till realization.  We also direct the opposite parties jointly and severally to pay Rs.50,000/- (Rupees fifty thousand only) as compensation along with Rs.5,000/- (Rupees five thousand only) as cost of this proceedings.    

The aforesaid amount shall be paid within one month from the date of receipt of this order; failing which the complainant is entitled to realize 9% interest p.a from the opposite party on the total amount due to him from the date of this order till realization.

          Pronounced in the open court on this the 17^th day of July 2018.

           Sd/-

                   Shiny.P.R

                   President 

                         Sd/-       

                   Suma.K.P

                    Member

           Sd/-

    V.P.Anantha Narayanan

                   Member

Appendix

Exhibits marked on the side of complainant

Ext.A1          -  Elite Matrimony Advertisement in Times of India dated.21.01.2018

Ext.A2          -  Copy of Email message from Elite Matrimony (2 pages) dated.25.01.2018

Ext.A3          -  Copy of Terms and conditions of Membership in Elite Matrimony (2 pages)

Ext.A4          -  Copy of Matrimony.com Brochure (2 pages)

Ext.A5          -  Copy of Email from M/s Nima, Elite Matrimony (3 pages) dated.29.01.2018

Ext.A6          -  Copy of Email from Elite Matrimony (2 pages) dated.29.01.2018

Ext.A7          -  Copy of Email from Elite Matrimony (2 pages) dated.29.01.2018

Ext.A8          -  Copy of Email to Elite Matrimony from Gangadharan dated.13.02.2018

Ext.A9          -  Copy of Email from Elite Matrimony dated.17.02.2018

Ext.A10- Copy of Bank of Baroda Account statement of C.Gangadharan

             dated.21.02.2018

Ext.A11- Elite Matrimony Advertisement in Times of India dated.11.02.2018

Ext.A12- Mathrubhumi Advertisement provided by C.Gangadharan dated.18.02.2018

Ext.A13- Elite Matrimony Advertisement in Times of India dated.25.02.2018

Ext.A14- Elite Matrimony.com Advertisment dated.04.03.2018

Exhibits marked on the side of Opposite parties

Nil

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite parties

Nil

Cost

          Rs.5,000/-