Tamil Nadu

South Chennai

825/2009

M/s.Balaji Electric Works,V.Yuvaraj - Complainant(s)

Versus

The Managing Director,Sulekha .com,New Media Pvt,Ltd. - Opp.Party(s)

K.Govi Ganesan,K.Nagarajan

02 May 2018

ORDER

                                                                        Date of Filing  : 19.08.2009

                                                                          Date of Order : 02.05.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.825 /2009

DATED THIS WEDNESDAY THE 02^ND DAY OF MAY 2018

                                 

M/s. Balaji Electric Works,

Rep. by its Sole Proprietor

Mr. V.  Yuvaraj,

S/o. Mr. D. Venkatakrishnan,

No.16, Selvarangaraja Street,

Little Mount,

Saidapet,

Chennai – 600 015.                                                .. Complainant.                                                       

 

                                                                         ..Versus..

 

1. The Managing Director,

Sulekha.Com New Media Private Limited,

No.484 & 485, Pantheon Plaza 4^th Floor,

Pantheon  Road,

Egmore,

Chennai – 600 008.

 

2.  The Branch In-charge,

Branch Office,

M/s. Sulekah.com New Media Private Limited,

9^th floor, Fountain Plaza,

Old No.345, New No.115/260,

Pantheon Road,

Egmore,

Egmore – 600 008.                                             ..  Opposite parties.

          

Counsel for complainant         :  M/s. K. Govi Ganesan & others

Counsel for Opposite parties  :  M/s. Chethan Sagar

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 seeking a refund of Rs.22,472/- paid by way of cheques bearing nos.380197 dated:04.02.2009 and 380198 dated:04.03.2009 drawn on M/s. Karnataka Bank Ltd. Chennai Branch and to pay a sum of Rs.50,000/- towards compensation for mental agony and to pay the cost of the complaint.

1. The averments of the complaint in brief are as follows:-

 

The complainant submits that he approached the opposite parties and paid a sum of Rs.22,472/- by way of two cheques bearing Nos.380197 dated:04.02.2009 and 380198 dated:04.03.2009 drawn on Karnataka Bank Ltd. for advertisement.The complainant submits that the subject for advertisement is “Electrical Turn Key Projects” in the opposite party website namely Sulekha.com for a period of one year from the date of honouring the cheque.The opposite party also assured to advertise the subject matter “Electrical Turn Key Projects” in their upcoming yellow pages book.The complainant further states that the opposite parties have not advertised as promised under the “Electrical Turn Key Projects” but advertised their category under the head “Electrical Job Seekers” category.The complainant submits that he never requested the opposite parties for advertising in the category under“Electrical Job Seekers”but only sought for the services under “Electrical Turn Key Projects” resulting several phone calls from the public caused great inconvenience which amounts to deficiency in service.Hence the complainant issued legal notice dated:21.03.2009 but the opposite parties neither sent any reply nor paid the money.Hence the complaint is filed.

  2.    The brief averments in the written version filed by the opposite parties is as follows:

The opposite parties specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.   The opposite parties state that they had undertaken to provide the service of advertising the complainant’s commercial entity for one year.   Further the opposite parties state that, the said service of advertisement was used officially by the complainant for commercial purpose augmenting profit.  Hence the complainant is not a Consumer under Section 2 (1)(d) of the Consumer Protection Act, 1986.  Further the opposite parties state that, under the terms and conditions, the order form and advertisement listing bills provides Rs.20,000/- alone charged for advertisement in yellow pages of the opposite parties and the balance amount towards tax.  Further the opposite parties state that, the allegation of wrong category advertisement never arise because that the opposite party advertised only under the “Electrical Maintenance Service” category.  Further the opposite parties state that, the fact of advertisement was correctly effected in the website of the opposite parties as “Electrical Maintenance Service” category and the name of the complainant stands published with his address, phone number, website address, email id etc. are substantiated by the copy of screen shot in the copy of the advertisement.  Further the opposite parties state that, there is no scope for mental agony to the extent of claiming compensation since the opposite party has not committed any deficiency in service.  Hence the complaint is liable to be dismissed.

3.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A9 are marked.  Proof affidavit of the opposite parties filed and documents Ex.B1 to Ex.B5 are filed and marked on the side of the opposite parties.

4.     The points for consideration is

1. Whether the complainant is entitled to get refund of a sum of Rs.22,472/- paid towards advertisement as prayed for?

2. Whether the complainant entitled to a sum of Rs.50,000/- towards compensation for mental agony and deficiency in service with cost as prayed for?

 

5.     On point:

Both parties filed their respective written arguments.  Perused the records namely the complaint, written version, proof affidavits, documents etc.  Admittedly, the complainant approached the opposite parties and paid a sum of Rs.22,472/- by way of cheques drawn on Karnataka Bank Ltd. for advertisement.  Ex.A1 is the Order Form and  Ex.A2 is the Proforma invoice proves the payment towards advertisement. The complainant pleaded and contended that the subject for advertisement is “Electrical Turn Key Projects” in the opposite party website namely Sulekha.com for a period of one year from the date of honouring the cheque.    The opposite parties also assured to advertise the subject matter “Electrical Turn Key Projects” in their upcoming yellow pages book.  The complainant further contended that the opposite parties has not advertised as promised under the “Electrical Turn Key Projects”  but advertised their category under the head “Electrical Job Seekers” category.  The contention of the complainant is that he never requested the opposite parties for advertising in the category under  “Electrical Job Seekers” but only sought for the services under “Electrical Turn Key Projects” resulting several phone calls from the public caused great inconvenience which amounts to deficiency in service since it is apparently clear from the Order Form Ex.A1 that “Electrical Turn Key Projects Drawings & Maintenance”.  The complainant is claiming a sum of Rs.22,472/- paid towards advertisement charges and claiming a sum of Rs.50,000/- towards compensation for mental agony. 

6.     The contention of the opposite parties is that admittedly, the opposite parties had undertaken to provide the service of advertising the complainant’s  commercial entity for one year.  Further the contention of the opposite parties is that, the said service of advertisement was used officially by the complainant for commercial purpose augmenting profit.  Hence the complainant is not a Consumer under Section 2 (1)(d) of the Consumer Protection Act, 1986.   But it is very clear from the facts that, the complainant is a commercial entity placed an order for advertisement in yellow pages under the head “Electrical Turn Key Projects”.  Mere advertisement shall not create commercial business.  Further the contention of the opposite parties is that, under the terms and conditions, the order form and advertisement listing bills provides Rs.20,000/- alone charged for advertisement in yellow pages of the opposite party and the balance amount towards tax.  Further the contention of the opposite parties is that, the allegation of wrong category advertisement never arise because as per Ex.A9, it is very clear that the opposite party advertised under the electrical maintenance service category.  But Ex.A9 was originated by the opposite party against the contents in Ex.A1.   Further the contention of the opposite parties is that, the fact of advertisement was correctly effected in the website of the opposite party as electrical maintenance service category and the name of the complainant stands published with his address, phone number, website address, email id etc. are substantiated by the copy of screen shot in the copy of the advertisement.  But on a careful perusal of Ex.B2, there is nothing about “Electrical Turn Key Project Category”.  Further the contention of the opposite party is that, there is no scope for mental agony to the extent of claiming compensation since the opposite party has not committed any deficiency in service.  But from the pleadings, it is very clear that due to the wrong advertisement, there may be several phone calls which may caused inconvenience.  Considering the facts and circumstances of the case this Forum is of the considered view that, the opposite parties shall refund a sum of Rs.22,472/- and to pay a sum of Rs.10,000/- towards compensation for mental agony with cost of Rs.5,000/-.

In the result, this complaint is allowed in part.  The  opposite parties 1 & 2 are jointly and severally directed to refund a sum of Rs.22,472/-(Rupees twenty two thousand four hundred and seventy two only) to the complainant and to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 02^nd day of May 2018. 

 

MEMBER –I                                                               PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

		Copy of order form No.45192
	Feb. 2009	Copy of Proforma Invoice
		Copy of letter sent by the complainant to the opposite party
		Copy of letter sent by the complainant to the opposite party
		Copy of letter sent by the complainant to the opposite party
		Copy of legal notice sent to the opposite party
		Copy of acknowledgement card
		Copy of acknowledgement card
		Copy of Sulekha.com classified Yellow pages

 

OPPOSITE  PARTIES SIDE DOCUMENTS:

Ex.B1	02.02.2009	Copy of the yellow pages Order Form along with terms and condition overleaf
Ex.B2		Copy of screenshot of the advertisement in the website of the opposite parties
Ex.B3		Copy of the summary of lists of genuine yellow pages leads/ reference provided by the opposite party to the complainant as a gesture of goodwill.
Ex.B4	05.02.2010	Copy of the letter of authority of Mr. V.S. Ravi.
Ex.B5	10.04.2010	Copy of letter dated:10.04.2010

 

 

MEMBER –I                                                               PRESIDENT