By. Sri. Chandran Alachery, Member:
The complaint is filed Under Section 12 of the Consumer Protection Act of 1986 for an Order directing the opposite party to give Rs.1,050/- being the Registration Charge paid and taxi charge of Rs.200/- along with Rs.10,000/- as compensation and Rs.1,000/- as cost of the proceedings to the complainant.
2. The case of the complainant in brief as follows:- On reading the news paper advertisement dated 04.07.2010 published in Mathrubhumi daily, the complainant contacted the opposite party through telephone and enquired about a suitable marriage alliance. The opposite party then send bio-data form to the complainant and directed the complainant to fill the bio-data and send it back to the opposite party along with Rs.1,050/- as registration fee. The opposite party promised the complainant to send him suitable bio-data of ladies with their address and phone numbers. But the opposite party send only two phone numbers of ladies. The complainant when contacted the two ladies, the complainant understood that the marriage of one is already over and the engagement of other also over. On 20.07.2010, the complainant directly approached the opposite party's institution and enquired about it. Then the opposite party informed the complainant that they will contact him on or before 24.07.2010 and insulted him by saying that the complainant is very old etc... Thereafter the opposite party did not respond and contacted the complainant. On 27.07.2010, the complainant send a Notice to the opposite party, but the opposite party after getting the Notice did not acted upon. Aggrieved by this, the complainant filed this complaint before the Forum to redress his grievances.
3. On receipt of complaint, Notice was issued to the opposite party and the opposite party appeared before the Forum and filed version. The complainant filed proof affidavit and the complainant is examined as PW1 and Exts.A1 to A3 were marked. The opposite party also filed affidavit and opposite party is examined as OPW1 and Exts.B1 and B2 are marked. On going through the documents and evidence of complainant and opposite party, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of the opposite party?
2. Relief and Cost.
5. Point No.1:- The complainant produced copy of Notice and Acknowledgment Card to prove that he had send Notice to the opposite party. Copy of Notice and Acknowledgment Card are marked as Ext.A1 series. Ext.A2 series are also Copy of Second Notice and Acknowledgment Card. Ext.A3 series are the documents which shows that the opposite party had send the names of two ladies with address and phone number as the suitable alliance to the complainant. The complainant after getting the Ext.A3 series had contacted the ladies in the given phone number but understood that the marriage of one is over and the engagement of the other one is already over. The opposite party filed two documents and marked Exts.B1 and B2. Ext.B1 is the details of candidate ie the details of complainant and Ext.B2 is the names of ladies written in the letter pad of opposite party institution. The case of the opposite party is that the opposite party supplied sufficient details of ladies as per Ext.B2 to the complainant. But the complainant denied the receipt of Ext.B2 by him. He states that the opposite party never send Ext.B2 to him. More over, Ext.B2 did not contain the address and phone numbers of ladies. It contain only some names by which the complainant cannot contact anybody. On perusal by the Forum, it is found that the complainant cannot contact anybody with the help of Ext.B2. The opposite party received Ext.A1 series and Ext.A2 series and the Acknowledgment card contains the signature and seal of opposite party. The opposite party did not send any reply to Exts.A1 and A2 series. The opposite party received Rs.1,050/- as Registration Fee from the complainant. But the opposite party did not arrange any suitable marriage alliance to the complainant. It is found that no effective steps are taken by the opposite party to arrange suitable alliance for the complainant. The opposite party did not produce any strong evidence to disprove the case of the complainant. Collecting Registration Fees and keeping idle is nothing but deficiency of service. By analysing the whole evidences, the Forum found that there is deficiency of service from the part of the opposite party in dealing the matter. So Point No.1 is found accordingly.
6. Point No.2:- Since the Point No.1 is found against the opposite party, the opposite party is liable to compensate the complainant.
In the result, the opposite party is directed to pay Rs.1,050/- (Rupees One Thousand and Fifty) only being the Registration Fee collected from the complainant with a compensation of Rs.1,000/- (Rupees One Thousand) only and cost of Rs.1,000/- (Rupees One Thousand) only to the complainant within 30 days from the date of receipt of this Order, failing which the complainant is entitled to get an interest at the rate of 12% per annum thereafter till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 2nd day of May 2014.
Date of Filing:28.05.2012.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. P. M. Kurian. Complainant.
Witness for the Opposite Party:
OPW1. Suresh. Marriage Bureau, Kottakal.
Exhibits for the complainant:
A1(Series). Copy of Notice, Acknowledgment Card and Postal Receipt.
A2(Series). Copy of Notice, Acknowledgment Card and Postal Receipt.
A3(Series). Letter and Letter cover.
Exhibits for the opposite Party.
B1. Details of Candidate.
B2. Copy of Letter pad with names of ladies.
Sd/-
PRESIDENT, CDRF, WAYANAD.
