D.O.F. 05.11.2012
D.O.O. 05.12.2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
Present: Sri. K.Gopalan : President
Smt. Sona Jayaraman K. : Member
Sri. Babu Sebastian : Member
Dated this the 5th day of December, 2013.
C.C.No.355/2012
C. Velayudhan,
Thazhath Vadakke Veedu,
Temple Road, Cherukunnu P.O. : Complainant
Kannur
(Rep. by Adv. C. Krishnan)
The Director,
Readers Digest Sweepstakes Committee
K9, Connaught Circus, : Opposite Party
New Delhi – 110001
O R D E R
Sri. Babu Sebastian, Member
This is a complaint filed under Section 12 of the Consumer Protection Act for an order directing the opposite party to refund Rs.449 as amount received from the complainant and Rs.5000 as compensation together with Rs.1000 as cost of these proceedings.
The case of the complainant in brief is as follows : The complainant has subscribed the magazine ‘Reader Digest’ as per the offer of annual subscription of Rs.449 for an year. The complainant paid the said amount on 17.09.2011 to the opposite party. The opposite party acknowledge the receipt of Rs.449. As per the terms stated by the opposite party, the complainant will get the magazine for a period of one year. But opposite party did not keep the word and did not deliver the magazine to complainant. So complainant sent notice to opposite party for non-delivery of magazine for which opposite party did not make any reply. Again complainant sent another notice to the opposite party regarding the same. Meantime complainant received a letter from opposite party admitting the receipt of the amount Rs.449 and also admitting the failure from the part of the opposite party. Even after that the opposite party did not deliver a single copy of the magazine to the complainant. Hence this complaint.
After receiving the complaint Forum sent notice to the opposite party. Eventhough proper notice was served and sufficient time was granted to 1st opposite party, he remain absent before the Forum.
In the absence of opposite party, evidence of complainant was taken. Complainant filed chief affidavit and Ext.A1 to A11 marked on his side.
The main point is to be considered is whether there is any deficiency on the part of the opposite party and if so what is the remedy?
The case of the complaint is that he has paid Rs.449 for the subscription of the magazine ‘Readers Digest’. Ext.A1 is the counter receipt of the DD, which shows that he had made the payment. Though Ext.A4 letter from the opposite party acknowledge the complainant as one of his privileged customer he did not issue a single copy of the magazine to the complainant. It is not justifiable. Hence we are of opinion that there is deficiency in service on the part of opposite party, for which he is answerable. Hence we hold the view that opposite party is liable for compensating the loss of the complainant. Opposite party did not even mind to come forward and adduce evidence before the Forum. The non-appearance of the opposite party itself is an iradication of deficiency of service on the part of the opposite party. The way of approach of opposite party makes it clear that he has not taken any interest to make solution for the grievance of the complainant. Hence we have no hesitation to hold that opposite party is liable to return the amount of Rs.449 paid by the complainant and a sum of Rs.1000 as compensation. Complainant is also entitled for an amount of Rs.500 as cost.
In the result, the complaint is allowed directing the opposite party to refund the amount of Rs.449 (Rupees Four Hundred Fourty Nine only) received from the complainant and to pay Rs.1000 (Rupees One Thousand only) as a compensation and Rs.500 (Rupees Five Hundred only) as cost of the litigation to the complainant, within one month from the date of receipt of this order, failing which the complaint is allowed to execute the order against the opposite party under the provision of the Consumer Protection Act.
Dated this the 5th day of December, 2013.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the Complainant
A1. DD acknowledgment.
A2. Letter from OP.
A3. Reply letter dated 17.11.2011.
A4. Letter from OP dated 12.02.2012.
A5. Reply letter dated 17.02.2012.
A6. Postal receipt.
A7. Letter from OP dated 27.02.2012.
A8. Reply letter dated 22.03.2012.
A9. Postal acknowledgment.
A10.Copy of lawyer notice dated 14.05.2012.
A11.Postal acknowledgment.
Exhibits for the opposite party
Nil
Witness examined for the complainant
PW1. Complainant
Witness examined for opposite party
Nil
/forwarded by order/
SENIOR SUPERINTENDENT
