Tamil Nadu

South Chennai

CC/121/2014

Dr. S.Natesan - Complainant(s)

Versus

The Times Of India, - Opp.Party(s)

P.Arumugarajan

31 Oct 2019

ORDER

                                                                  Complaint presented on : 07.03.2014

                                                                    Date of Order               : 31.10.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

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

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.121/2014

DATED THIS THURSDAY THE 31^ST DAY OF OCTOBER 2019

                                 

Dr. S. Natesan,

S/o. Late. K. Subramaniam,

Flat No.15, Door No.26,

P.A. Astalakshmi Flat,

M.G. Road,

Thiruvanmiyur,

Chennai – 600 041.                                                         .. Complainant.                                                    

..Versus..

The Manager,

The Times of India,

No.123, Charmier’s Road,

Nandanam,

Chennai – 600 035.                                                    ..  Opposite party.

          

Counsel for the complainant  :  M/s. P. Arumugarajan & another

Opposite party                        :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.299/- paid by him towards the subscription period from 01.01.2013 to 31.12.2013 with interest at 18% p.a. and to pay a sum of Rs.90,000/- towards compensation for mental pain and agony suffered by the complainant with cost.

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

The complainant submits that he is a Doctor by Profession and a senior citizen.  He has subscribed for the opposite party’s daily newspaper, Chennai Edition ever since they commenced publication at Chennai.  The complainant submits that he subscribed for the latest subscription for the period from 01.01.2013 to 31.12.2013 under order form No.NAL003716 and he has been paid entire amount of Rs.299/- for the said subscription period.  The complainant submits that without any trouble he has received daily newspaper upto 01.10.2013 but thereafter, he has not received the paper.   The complainant submits that he has made several complaints to the opposite party through phone and email and they had also replied back asking the complainant for details of the order made to rectify the defect.  The complainant submits that he had also given all details to the opposite party as required by them in email dated:12.10.2013.  The opposite party also assured through email to rectify the problem but the opposite party has not resolved the problem and the complainant has not got his copy of the daily newspaper.   Therefore on 26.11.2013, the complainant issued a legal notice to the opposite party and the same was received by the opposite party on 28.11.2013 but the opposite party has not sent any reply.   The act of the opposite party amount to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.     Inspite of receipt of notice the opposite party has not come forward to appear before this Forum and hence, the opposite party was set ex-parte.

3.     Though the opposite party remained Ex-parte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to Ex.A7 are marked.  

5.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.299/- paid by him towards the subscription period from 01.01.2013 to 31.12.2013 with interest at the rate of 18% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.90,000/- towards compensation for mental pain and agony with cost as prayed for?

6.      On point:-

The opposite party after receipt of the notice has not entered appearance before this Forum and remained ex-parte.   The complainant has filed his proof affidavit and made an endorsement as ‘No written argument in this case for the complainant’. The complainant has not turned up to advance any oral argument also for a long time.  Hence, oral argument of the complainant is closed.  Perused the records namely; the complaint, proof affidavit and documents of the complainant.   The complainant pleaded and contended that he is a Doctor by Profession and a senior citizen.  He has subscribed for the opposite party’s daily newspaper, Chennai Edition ever since they commenced publication at Chennai as per Ex.A1 & Ex.A2.  Further the contention of the complainant is that he subscribed for the latest subscription for the period from 01.01.2013 to 31.12.2013 under order form No.NAL003716 and he has been paid entire amount of rs.299/- for the said subscription period as per Ex.A3.  Further the contention of the complainant is that without any trouble he has received daily newspaper upto 01.10.2013 but thereafter, he has not received the paper.   Further the contention of the complainant is that he has made several complaints to the opposite party through phone and email and they had also replied back asking the complainant furnish details of the order made in order to rectify the defect as per Ex.A4(S). 

7.     Further the contention of the complainant is that he had also given all details to the opposite party as required by them in email dated:12.10.2013 as per Ex.A4(S).   The opposite party also assured through Ex.A4(S) (email dated:12.10.2013 & 21.10.2013) to rectify the problem.  But the opposite party has not resolved the problem and the complainant has not received his copy of the daily newspaper. Therefore on 26.11.2014, the complainant issued a legal notice to the opposite party to restore daily supply of newspaper and to compensate for the deficiency in service in supply of the daily newspaper. The opposite party in spite of repeated notice has not restored the daily supply of newspaper sent a letter dated:31.12.2013 subscription expires renewal for next 12 months as per Ex.A7.  Thus, the opposite party is guilty of committed gross deficiency in service and unfair trade practice.   The opposite party remained ex-parte and has not come forward to file written version and proof affidavit to answer the claim of the complainant in this case.   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.49.83 for the remaining period of supply of the newspaper to the complainant with a compensation of Rs.10,000/- for mental agony, deficiency in service and unfair trade practice with 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.49.83/- (Rupees Forty nine and eighty three paise only) for the remaining period in which the newspaper was not supplied to the complainant and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony, deficiency in service and unfair trade practice with cost of Rs.5,000/- to the complainant.

The above amounts shall be payable within 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 31^th day of October 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	16.12.2010	Copy of Order cum Receipt
Ex.A2	18.12.2011	Copy of Order cum Receipt
Ex.A3	01.01.2013	Copy of Order cum Receipt
Ex.A4	09.10.2013	Copy of email communications to the opposite party
Ex.A5	26.11.2013	Copy of legal notice to the opposite party
Ex.A6	28.11.2013	Copy of acknowledgement card of the opposite party for the receipt of the above legal notice
Ex.A7	31.12.2013	Copy of my subscription expires – letter by TOI

 

 

MEMBER                                                                                                                                                                         PRESIDENT