Tamil Nadu

South Chennai

884/2009

S.Senthilnathan - Complainant(s)

Versus

The proprietor - Opp.Party(s)

R.Radha

16 May 2018

ORDER

                                                                        Date of Filing  : 07.10.2009

                                                                          Date of Order : 16.05.2018

 

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.884 /2009

DATED THIS WEDNESDAY THE 16^TH DAY OF MAY 2018

                                 

S. Senthilnathan,

S/o. Mr. S. Shanmuganathan,

Old No.162, New No.344,

II Floor, Thambuchetty Street,

Chennai – 600 001.                                                    .. Complainant.                                                            ..Versus..

 

The Proprietor,

“MALAI MURASU”,

No.246, Anna Salai,

Thousand Lights,

Chennai – 600 006.                                                   ..  Opposite party.

          

Counsel for complainant         :  M/s. R. Radha & others

Counsel for opposite party     :  M/s. K. Mohanamurali & others

 

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 sum of Rs.1,00,000/- 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 as per the order in Application No. 3639/2008 in C.S. No.596/2008, dated:7.8.2008 due publication for substituted service to be given in one issue of Tamil daily Malai Murasu returnable by 06.09.2008.  Accordingly on 26.08.2008, the matter for paper publication was given by the complainant in the office of Malai Murasu and paid a sum of Rs.400/- towards publication and waited for the issue of publication but the matter did not appear in the Malai Murasu evening Tamil dailiy on 27.8.2008.   On enquiry, the opposite party after two days issued a letter dated:28.8.2008 to the complainant stating that actual cost of publication is Rs.2,000/- and the balance amount of Rs.1,600/- is demanded for the release of publication.    Further the complainant submits that, the charges for publication is only Rs.400/-.    The complainant further submits that in Makkal Kural the cost of publication is only Rs.200/- and if the opposite party claimed Rs.2,000/- in clear terms, there shall be no delay caused in publication as per the order of the master court.  Therefore, the complainant issued a legal notice dated:01.09.2008 but no reply received from the opposite party.  Hence the complaint is filed.

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

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.  It is false to state that the advertisement department of the opposite party accepted the payment of Rs.400/- from the complainant as full and final payment and even the receipt dated:26.08.2008 does not confirm this.  The uniform charges of the opposite party for advertisement publication at that time in August 2008 was Rs.2,000/- and only the same was expected from the complainant and not anything else.   The opposite party states that, the charges for publication is Rs.2,000/- but an advance amount of Rs.400/- alone paid by the complainant.  Since the balance amount has not been paid, the publication has not been released and requested the complainant to pay the balance amount of Rs.1,600/-. Therefore, there is no deficiency on the part of the opposite party.   Hence this 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.  In spite of sufficient time is given, the opposite party has not come forward to file his proof affidavit to prove the contentions raised in the written version within the stipulated time and hence evidence of the opposite party is closed. 

4.     The point for consideration is:-

Whether the complainant is entitled for a sum of Rs.1,00,000/- for deficiency in service with cost  as prayed for?

5.     On point:-

     Both parties have not turned up to advance any oral arguments for a long time.  The opposite party after filing the written version has not filed any proof affidavit to prove the contentions raised in the written version.  Perused the records namely the complaint, written version, proof affidavit of the complainant, documents etc.  The complainant pleaded and contended that as per the order in Application No. 3639/2008 in C.S. No.596/2008, dated:7.8.2008 due publication for substituted service to be given in one issue of Tamil daily Malai Murasu returnable by 06.09.2008.  Accordingly the complainant on 26.08.2008 the matter for paper publication was given in the office of Malai Murasu and paid a sum of Rs.400/- towards publication as per Ex.A3  and waited for the issue of publication but the matter did not appear in the Malai Murasu evening Tamil dailiy on  27.8.2008.   On enquiry, the opposite party after two days issued a letter dated:28.8.2008 to      the complainant stating that actual cost of publication is Rs.2,000/- and the balance amount of Rs.1,600/- is demanded for the release of publication.    

6.     Further the contention of the complainant is that, as per Ex.A3, the charges for publication is only Rs.400/-.  The contention of the opposite party in its written version is that, the charges for publication is Rs.2,000/-, as per Ex.A3 an advance amount of Rs.400/- alone paid by the complainant. Since the balance amount has not been paid, the publication has not been released and requested the complainant to pay the balance amount of Rs.1,600/-.  The complainant further contented that in Makkal Kural the cost of publication is only Rs.200/- and if the opposite party claimed Rs.2,000/- in clear terms, there shall be no delay caused in publication as per the order of the master court.    But it is very clear from Ex.A4, that the complainant has not paid the full amount of Rs.2,000/-.   Equally, the opposite party also has not returned the advance amount of Rs.400/- paid by the complainant towards publication amounts to deficiency in service.   Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall refund a sum of Rs.400/- received by way of advance with compensation of Rs.5,000/- and cost of Rs.5,000/- to the complainant.

In the result, this complaint is allowed in part.  The opposite party is  directed to refund a sum of Rs.400/- (Rupees four hundred only) which was received by way of advance and to pay a sum of Rs.5,000/- (Rupees five 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 16^th day of May 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	10.07.2008	Copy of receipt
Ex.A2	11.07.2008	Copy of Paper Publication in Malai Murasu
Ex.A3	26.08.2008	Copy of receipt
Ex.A4	28.08.2008	Copy of letter
Ex.A5	01.09.2008	Copy of legal notice through the complainant’s Counsel to the opposite party
Ex.A6	12.09.2008	Copy of acknowledgement received from the opposite party
Ex.A7	04.11.2008	Copy of Affidavit & Master Summons
Ex.A8	21.11.2008	Copy of receipt issued by Makkal Kural
Ex.A9	22.11.2008	Copy of Paper publication in Makkal Kural

 

OPPOSITE  PARTY SIDE DOCUMENTS:  NIL

 

 

MEMBER –I                                                                      PRESIDENT