DATE OF FILING : 17.8.2010

BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 28^th day of January, 2011

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.177/2010

Between

Complainant : Babu, S/o Thankappan,

Nadapparambil House,

Kumaramangalam,

Idukki District.

(By Adv: Lissy M.M.)

And

Opposite Party : The Manager,

J.C. Groups Business Revolutions,

Near Boat Jetty,

Ernakulam District.

(By Advs: P.R. Milton and Fenil Jose)

O R D E R

SRI. LAIJU RAMAKRISHNAN (PRESIDENT)

The complainant is an auto driver in Thodupuzha town. One Mr.Dileep Kumar. S, Bharaniyil House, Vengalloor, who is working at abroad with family, entrusted the complainant to sell his property which is of 17 cents of land and a house having market value of 1.25 crores. The complainant advertised in Malayala Manorama daily with the phone number, for the sale of this property. So the office staff of the opposite party one Mr.Sini contacted the complainant through telephone and convinced that they were providing advertisements in TV Channels such as Jeevan TV and Jaihind TV in real estate and also in 8 internet web sites with video clippings for a small amount as commission. The agent of the opposite party and a videographer approached the complainant on 4.11.2009 and the video clippings of the spot were taken and received an advance of Rs.5,000/- from the complainant. Again on 7.11.2009, they have received Rs.4,000/- and receipt was given for the same. After that the date was given to the complainant in which the advertisements of the complainant was proposed to be telecasted. But the same was not telecasted on that day and even after 15 days as per the reply of the opposite party when enquired about the same. Several times the complainant contacted the opposite party about this, but never telecasted the same, so the complainant sent a lawyer's notice demanding the amount paid by the complainant and no reply was given by them. So the petition is filed for getting back the amount paid by him and also for compensation.

2. As per the written version filed by the opposite party, the opposite party has agreed to advertise the property details given by the complainant in TV channels such as Jaihind TV and Jeevan TV and also agreed to put the same in the website of the opposite party. As agreed by the opposite party regarding the advertisement of the property proposed for sale, the opposite party has visited the proposed property for sale and shooting of the site was done on 4.11.2009. As agreed by the opposite party, the property and its details were telecasted through Television Channels. The opposite party has telecasted the property and its details through Jeevan TV in its programme

(contd...2)

- 2 -

Kerala Property show on 15^th, 22^nd and 29^th November 2009 and through Jaihind TV on 24^th, 25^th and 26^th November. The opposite party has a website channel for advertising the Real Estate matters. Those who are interested to purchase and sale of properties may get the details from the website also. The opposite party had advertised the property details given by the complainant in the website. The advertisement was given in the Real Estate Website namely “propextv.com”. The print out of the property advertised by the opposite party in the said website is also produced. The advertisement in the website is still there in the website. The complainant without verifying the real facts, filed the above complaint for unlawful enrichment. The opposite party has no other commitments than to advertise the programme through TV channels and website. If the property details shown through the TV channels is not sold, the opposite party has nothing to do with the same. So there is no deficiency from the part of the opposite party.

3. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to?

4. No oral evidence adduced by both the parties. Exts. P1 to P3 marked on the side of the complainant and Exts. R1 to R3 marked on the side of the opposite party.

5. The POINT : - As per the complainant, they have given Rs.9,000/- to the opposite party as per the agreement with them to advertise the property which is of 17 cents of land and a building for the purpose of sale, in TV channels such as Jeevan TV and Jaihind TV and also in the 8

websites of internet. Ext.P2(series) are the copies of the bill issued to the complainant by the opposite party for the receipt of Rs.9,000/-. The opposite party never advertised the same through TV channels and through internet websites. So the complainant several times reminded about the same and a lawyer's notice was issued to the opposite party on 5^th January, 2009, demanding the amount paid by the complainant and also for compensation. But it was returned unclaimed and the copy of the same is marked as Ext.P1. Ext.P3 is the returned cover of the lawyer's notice with AD Card. As per the opposite party, they admitted that they have agreed to advertise the matter in TV channels such as Jeevan TV and Jaihind TV, also in their website and received an amount as per the agreement between them. But they have duly advertised the same in the channels as offered by them in Jeevan TV in its programme named “Kerala Property” show on 15^th, 22^nd and 29^th November 2009 and in Jaihind TV on 24^th, 25^th, and on 26^th November. Ext.R1 is the certificate of telecast issued from the Jeevan Telecasting Corporation Ltd., and also the invoice issued by the Jeevan Telecasting Corporation Ltd., for advertising the same in the title 'Business Revolutions' and in the banner Charles Williams. Ext.R2 is the copy of the telecast certificate issued from the Jaihind TV dated 30.11.2009 stating that they have telecasted the programme Kerala Property show in Jaihind Malayalam channel. Ext.R3 is the copy of the internet website dated 6.12.2009 in the name and style propextv.com, in which it is stated that property details as property Id: 4957, property type: house, district: Idukki, place: Thodupuzha, owner: Babu and contact number and detailed place of the property and description of the house are also given and 4 photographs of the house also shown.

As per Ext.R3 documents produced by the opposite party, the copy of the advertisement given by them, in internet the opposite party has given the advertisement in the internet in their website named propextv.com, in which the details of the complainant's building and 3 images of the property are also included. But Exts .R1 and R2 details never shows that the details given by the complainant has been included in the telecast details of the advertisement in Jeevan TV and Jaihind TV, both of the details mentions only about the J.C. Group. Mr.Charles Williams has

(cont......3)

- 3 -

given as client and programme has been advertised in Kerala Property show, time and specifications were also given. But the specification of the property of the complainant, name of the complainant and details of the complainant's property has not been mentioned in Exts. R1 and R2. So there is no evidence to show that the opposite party has given advertisement in Jeevan TV and Jaihind TV for the proposed sale of the property of the complainant. So it was deficiency from the part of the opposite party after receiving the amount from the complainant, they never tried to provide the advertisement. The opposite party has received Rs.9,000/- from the complainant, but they have done the advertisement only in the website provided by them. So we think that the opposite party should return Rs.5,000/- to the complainant for non-providing the advertisement in TV channels. There is no evidence produced by the complainant to show that the complainant caused mental agony and financial loss due to the act of the opposite party.

Hence the petition partially allowed. The opposite party is directed to pay Rs.5,000/- to the complainant as per Ext.P2(a) and Rs.1,500/- as cost of this petition within one month of receipt of a copy of this order failing which the amount shall carry 12% interest per annum from the date of default.

Pronounced in the Open Forum on this the 28^th day of January, 2011

Sd/- SRI. LAIJU RAMAKRISHNAN (PRESIDENT)

Sd/-

SMT. SHEELA JACOB (MEMBER)

Sd/-

SMT. BINDHU SOMAN (MEMBER)

APPENDIX

Depositions :

On the side of the Complainant :

Nil.

On the side of the Opposite Party :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1 - Copy of the lawyer's notice issued by the complainant dated 5.1.2009.

Ext.P2(a & b) - Copies of the cash receipt issued by the opposite party on 4.11.2009 and

on 7.10.2009.

Ext.P3 - The returned cover of the lawyer's notice with AD Card.

On the side of the Opposite Party :

Ext.R1 - The certificate of telecast and invoice issued from the Jeevan Telecasting

Corporation Ltd., Kochi.

Ext.R2 - Telecast certificates of Jaihind TV dated 30.11.2009 and 31.12.2009.

Ext.R3 - Copy of the internet website 'propextv.com' dated 6.12.2009.