IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOLLAM

DATED THIS THE   7^th  DAY OF DECEMBER 2021

Present: -    Sri. E.M.Muhammed Ibrahim, B.A, LLM. President

         Smt.S.Sandhya   Rani. Bsc, LLB ,Member

         Sri.Stanly Harold, B.A.LLB, Member

    CC.No.176/2021

Sasi R.,

Nidhin Nivas,

Tholoor, Aylara P.O.,

Yeroor Grama Panchayat,

Kollam 691312                                                                    :           Complainant

V/S

The Managing Editor,

Good News Weekly Kanjikuzhy,

Muttambalam P.O., Kottayam 686994.                         :          Opposite party

ORDER

Sri.Stanly Harold, B.A.LLB, Member

          This is a case based on a complaint filed U/s 35 of the Consumer Protection Act 2019.

          The averments in the complaint in short are as follows:-

          The complainant on 22.12.2020 subscribed to the weekly printed and published by the opposite party in the name and style “Good News Weekly” by paying Rs.300/- The opposite party though accepted the subscription fee in advance, even after the repeated request has not cared to send the weekly promptly as promised.  Hence the complainant issued a notice on 05.04.2021 to which he received a reply and also a weekly but thereafter the opposite party again refused to send the weekly.  The complainant being the consumer of the opposite party is entitled to receive the weekly promptly.  The act of the opposite party in not sending the weekly after receiving subscription amounts to deficiency in service and the opposite party is bound to compensate the complainant who claims Rs.5,000/- as compensation. Hence the complaint.

          In response the notice issued from the commission the opposite did not appear nor filed any version.  Hence the opposite party is set exparte.  The complainant has filed affidavit by reiterating the averments in the complaint and

got marked Ext.P1 and Ext.P2 documents.  Ext.P1 is the postal receipt showing the sending of Rs.300/- to the opposite party as annual subscription for the weekly.  Ext.P2 is the postal receipt evidencing the sending of notice by the complainant to the opposite party on 05.04.2021.  Heard the complainant who appeared and argued in person and perused the records.

The unchallenged averments in the complaint coupled with the Ext.P1 and Ext.P2 documents would establish that the opposite party even after receipt of annual subscription has failed to supply the weekly to the complainant.  According to the complainant he had subscribed with “ Good  News Weekly ” in order to enhance his religious faith and belief in Jesus Christ by acquiring more knowledge and awareness about gospels and wordings of the Holy Bible.  This right of the complainant has been denied by the opposite party in not supplying the copy of weekly as agreed.  The above act of the opposite party definitely amounts to deficiency in service and unfair trade practice and the opposite party is bound to compensate the complainant.  On evaluating the entire materials available on record that the complainant would come under the definition of the consumer and there is clear deficiency in service and unfair trade practice on the side of the opposite party.  Therefore the complaint is only to be allowed. 

In the result complaint stands allowed in following terms.

1. Directing the opposite party is to supply the copy of Good News Weekly regularly for the remaining period of 51 weeks or to return Rs.294/- with interest at the rate of 6% per annum from the date of receipt subscription fee.
2. Opposite party is also directed to pay Rs.1,000/- as compensation and Rs.500/- as costs of the proceedings.
3. The opposite party is directed to comply with above directions within 45 days from the date of receipt of a copy of this order failing which complainant is entitled to recover Rs.1794/- along with interest @ 9 % p.a. for the entire amount except for costs from opposite party and from their assets. 

           Dictated to the Confidential Assistant  Smt. Minimol.S transcribed and typed by her corrected by me and pronounced in the  Open Commission this the 7^th  day of  December 2021.

                  STANLY HAROLD:Sd/-                 

    E.M .MUHAMMED IBRAHIM:Sd/-

           S.SANDHYA  RANI:Sd/-

Forwarded/by Order

                                                                                       Senior superintendent

INDEX

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext.P1             : postal receipt

Ext.P2             : postal receipt evidencing the sending of notice by the complainant to the

                          opposite party on 05.04.2021

Witnesses Examined for the opposite party:-Nil

Documents marked for opposite party:-Nil