BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

10^th DAY OF AUGUST 2015

O R D E R

SRI. P.V SINGRI, PRESIDENT

This complaint is filed by the complainant U/s.12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein after referred as OP) praying to direct the OPs.1 & 2 to pay a sum of Rs.50,000/- to the complainant for the deficiency of service.

2. The brief averments made in the complaint are as under:

That the complainant is practicing advocate at Bangalore.  That in the year 2013, the complainant who was then 33 years of age decided to settle in life by getting married.  Therefore, she approached OP-1 and become premium member in the month of April 2013 by paying Rs.2,990/-.  That the OP-1 did not arrange any meetings and also did not make any efforts for getting a suitable bridegroom to the complainant within a period of 3 months from the date of becoming the member.  That after some time, the complainant created new profile and contacted the OPs and was asked by OP-2 to take the Assisted Matrimony Services by paying Rs.17,000/- with a promise that they would arrange atleast one meeting a week.  That the complainant was further promised that more than 8 proposals will be arranged in a month.  That even after lapse of period of 3 months, the OP-2 did not arrange a single meeting and went on promising that they would arrange face to face meeting at the earliest.  That the complainant has paid the above said amount of Rs.2,990/- to OP-1 and Rs.17,000/- to OP-2 by swiping her debit card.

The OPs failed to provide the required assistance to the complainant in getting the right proposal.  That no efforts were made by OPs in arranging any meetings with the prospective bridegroom despite collecting huge money from the complainant.  That there is a deficiency of service on the part of OPs which resulted in great hardship, inconvenience and mental agony to the complainant.  That the OPs instead of providing the proper service are playing with the emotions of the complainant, as a result of which she is very much mentally harassed.  That because of deficiency of service on the part of OPs.1 & 2 the complainant issued a legal notice to both the OPs pointing out deficiency of service and for refund of money she has paid to them.  That despite service of notice, the OPs have neither complied with the notice nor replied the same.

For the aforesaid reasons, the complainant prays for a direction to the OPs to pay her a sum of Rs.50,000/- with cost.

3. Despite service of notice of complaint, the OPs.1 & 2 remained absent and were placed ex-parte.  Thereafter, the complainant filed her affidavit in lieu of oral evidence.

4. Heard the arguments advanced by the complainant who is in person and perused the allegations made in the complaint, the affidavit filed in lieu of oral evidence, documents and other materials placed on record.

5. As claimed by the complainant, she is a practicing advocate in Bangalore and was aged 33 years as on the date of the transaction in question.  The complainant who is unmarried became the premium member of Community Matrimony the 1^st OP by paying a sum of Rs.2,990/- on 05.04.2013.  OPs.1 & 2 Community Matrimony are engaged in match making of the prospective boys and girls and also in arranging face to face meeting between the eligible boys and girls for the sake of marriage.  The complainant claims that the OP-1 did not arrange a single meeting with any boys within a period of 3 months from the date of becoming member, as promised by them.  Having disappointed with the conduct of OP-1 the complainant contacted OP-2 and the OP-2 advised her to avail the Assisted Matrimony Services by paying a fee of Rs.17,000/-.  He further promised that they would arrange face to face meeting atleast once in a week.  It appears that believing the words of OP-2, the complainant paid Rs.17,000/- to OP-2 on 09.10.2013.  As could be seen from the receipt dated 09.10.2013 issued by OP-2, the Assisted Matrimony Services is for 3 months from the date of becoming member.

6. The complainant claims that even the OP-2 also failed to arrange face to face meeting with any boys and also failed to provide any good proposals within 3 months, as promised.  Therefore the complainant argued that both the OPs despite collecting the requisite fee from her failed to provide her necessary services as promised by them which amounts to deficiency of service.  The learned Advocate/complainant further submitted that the OPs have cheated her by colleting huge money from her in failing to provide any services as undertaken by them.  Therefore, she argued that apart from fees she has paid, both the OPs have also entitled to compensation for the hardship and mental agony suffered by her.  The receipt dated 05.04.2013 goes to establish that the OP-1 has collected fee of Rs.2,990/- from the complainant.  The receipt dated 09.10.2013 goes to show that the OP-2 has collected a fees of Rs.17,000/- from the complainant for providing Assisted Matrimony Services.     

7. As already stated above, the OPs despite service of notice failed to appear and contest the claim put forth by the complainant.  We do not find any reason to disbelieve the allegations made by the complainant against both the OPs.  OPs having engaged in Matrimony match making have failed to provide the necessary services to the complainant despite collecting necessary fees from her.  The conduct of OPs amounts to deficiency of service and also gross negligence on their part in respecting the sentiments of complainant.  Therefore, we are of the opinion that the OPs shall have to be directed to refund the fees collected by them from the complainant.  The OPs are also liable to pay compensation to the complainant for the hardship, inconvenience and mental agony suffered by the complainant for the deficiency of service.  The complainant is also entitled to the cost of proceedings.

8. In the result, we proceed to pass the following:   

       O R D E R

The complaint is allowed in part.  OP-1 shall refund a sum of Rs.2,990/- to the complainant together with compensation of Rs.3,000/-.  OP-2 shall refund Rs.17,000/- to the complainant together with compensation of Rs.3,000/-.

OPs shall pay Rs.5,000/- to the complainant towards cost of this proceedings.  OPs.1 & 2 shall comply this order within a month from today.

Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 10^th day of August 2015)

MEMBER                            MEMBER                     PRESIDENT

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