By Smt. Beena. M, Member:
This is a complaint filed under Section 12 of Consumer Protection Act 1986.
2. Complainant’s case in brief is as follows:- The opposite party is the proprietor of the marriage bureau, named as Orkid matrimony, situated at Manjeri. The complainant is a 48 years aged unmarried man, contacted the opposite party through phone in response to a matrimonial advertisement. The opposite party given assurance to the complainant that they will arrange suitable bride and asked him to send Rs.1,575/-. The complainant accordingly send the amount as money order on November 2017, after that the complainant received the addresses and phone numbers of the women’s parents. However, after making the payment, the complainant found that the contact number of women’s family given to him was fake. The complainant have aged parents and they are ailing also. The complainant on several occasions contacted the opposite party through phone and intimated about the happenings, but there is no response from the side of the opposite party. Eventually , a letter send to the opposite party but there was no reply. The complainant has filed the instant consumer complaint alleging that the aforesaid acts amounts to deficiency in service and unfair trade practice on the part of the opposite party and seeking
one lakh rupees as compensation towards the difficulties he faced and for mental agony.
3. After the registration of the case the Forum issued notice to the opposite party and but he did not turn to appear before this Forum and hence the name called and set ex-party.
4. The Complainant examined as PW-1 and Exts. A1 & A2 marked.
5. On perusal of complaint and documents the Forum raised the following points for consideration:-
1. Whether the complainant is entitle for getting compensation from the
Opposite party?
6. Since the opposite party is ex party in the proceedings the document produced by the complainant and the allegations set forth in the complaint and oral testimony are unchallenged. We have gone through the complaint, documents, proof affidavit. Here the complainant through the present complaint has alleged that opposite party by their sweet talks and false promises made him intend to cheat the complainant. The complainant had to face humiliation by interacting with the unknown persons. Also, for providing defective and deficient
services, the complainant even served a letter dated 15/01/2018 upon the opposite party. Here the complainant had succeeded to prove his case, the Opposite party has failed to provide the promised services to the complainant. There is no reason to disbelieve the statements of the complainant. So the forum can safely conclude that deficiency of service happened from the opposite party’s part and the complainant had suffered inconveniences. So, these point is answered against the Opposite parties.
In the result, the complaint is partly allowed as follows:- Opposite party is directed to pay Rs. 10,000/- (Rupees Ten thousand only) as compensation on account of deficiency in service and causing mental and physical harassment to the to the complainant. The order shall be complied within 30 days of its receipt, failing which the opposite party shall become liable to pay interest @ 6% per annum, from the date of registration till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 18th day of January 2020.
Date of filing:10.04.2018.
PRESIDENT: Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant.:-
PW1. Subhash. K Complainant.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:
A1. Address
A2. Letter. dt:15.01.2018.
Exhibits for the Opposite Party:-
Nil.
