Tamil Nadu

South Chennai

CC/321/2016

K.Srinivasan - Complainant(s)

Versus

V.Rajagopalan - Opp.Party(s)

Party in Person

30 Aug 2022

ORDER

Date of Complaint Filed : 01.09.2016

Date of Reservation      : 27.08.2022

Date of Order               : 30.08.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                 :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,          : MEMBER II

 

CONSUMER COMPLAINT No.321 /2016

TUESDAY, THE 30^th DAY OF AUGUST 2022

K.Srinivasan,

1^st cross street,

Vengeeswarar Nagar,

Vadapalani,

Chennai – 600 026.                                                                                                                                                    ... Complainant                

 

..Vs..

Mr.V.Rajagopalan,

Editor, Vaithikasri,

New No.488, TT Krishnamachari Road,

Alwarpet,

Chennai – 600 018.                                                                                                                                                  ...  Opposite Party

******

Counsel for Complainant           :   Party in Person.

Counsel for Opposite Party        :   Exparte

 

        On perusal of records, this Commission is delivering the following:

ORDER

Pronounced by Member-II, Thiru. S. Nandagopalan, B.Sc., MBA.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to supply the magazine “Vaithikasri” for 30 months from the coming month and to pay Rs.50,000/- towards mental agony and to pay cost of Rs.5000/-.

 

2.     The averments of Complaint in brief are as follows:-

The Opposite Party is the editor of a monthly Magazine by name "VAITHIKASRI" by circulating to the subscribers as well as in the market. The Complainant subscribed for "VAITHIKA SRI '' for five years by paying Rs.875/- by cheque, vide receipt dated 13.12.2011, for the period from February 2012 to January 2017. Instead the Complainant received a postcard from the Opposite Party on 29.03.2016 stating that his subscription ends by March 2016, and requesting to pay a minimum of Rs.600/- for the subscription, and stopped supplying the magazine for further 2 years i.e from March 2016. Moreover the Complainant made several calls and sent notice by registered post to the Opposite Party. Since there was no reply from the Opposite Party with great effort a Complaint was made at Consumer Association of India, Rajendra Garden, Vettuvankeni, Chennai. The Opposite Party sent a reply letter to the said Complaint stating that they were willing to refund the amount for the left out period instead of supplying the Magazines. The Opposite Party magazine is being published and circulated. Because of his greediness he does not want to supply the magazine and evade from a valid contract. Hence the Complainant opted for redressal by filing a Complaint against the Opposite Party for the Unfair trade practice and Deficiency of service in duties.

 

 

3.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-6  were marked.

4.    In spite of sufficient notice served on the Opposite Party, the Opposite party failed to appear before this commission and they have been called absent and set Ex-parte.     

Points for Consideration:-

1. Whether there is any deficiency in service and unfair trade practise on the part of the Opposite Party?

2. Whether the Complainant is entitled for the reliefs sought for?

3. To what other relief the Complainant is entitled to?

Point No 1 :-

After a careful perusal of records it is an undisputed fact that the Complainant subscribed with Opposite Party for "VAITHIKA SRI '' Magazine for five years by paying Rs.875/- by cheque, vide receipt dated 13.12.2011, for the period from February 2012 to January 2017 as per Ex.A-1. Since the Opposite Party stopped sending the magazines from March 2016 the Complainant sent a letter on 21.04.2016 to the Opposite Party, Ex.A-4 by insisting to resume the delivery of monthly magazine issues till January 2017 as per the commitment given. Meanwhile the Opposite Party violated by not adhering to the commitment given to the complainant, instead sent a postal letter dated 23.04.2016 to the Complainant asking to renew the subscription by paying Rs.600/- for the balance 2 years as per Ex.A-1 which is a clear evidence of Unfair trade practise and deficiency of service on the part of Opposite Party. Moreover as per the Complainants plea the Consumer Association of India even tried to address the violation of Opposite Party by sending a mail on 27.06.2016 by instructing the Opposite Party to redress the grievances of the Complainant immediately as found in Ex.A-5. Instead the Opposite party replied through a letter dated 05.07.2106 to the Consumer Association of India stating that they cannot continue the services rather they want to settle the balance amount of Rs.146/- to the Complainant by denying the plea as per Ex.A-6. Henceforth all these series of events from the Opposite Party end clearly demonstrates the Unfair trade practise and deficiency of service by allowing the Complainant to suffer. Also Opposite Party failed and neglected to deliver the Magazine as agreed. Hence this Commission is of the considered view that the Opposite Party had committed deficiency of service. Accordingly, Point No.1 is answered.

Point No.2 and 3:-

        In view of the foregoing discussions that the Opposite Party had committed deficiency in service, the Opposite Party liable to pay a sum of Rs.5000/- as compensation for the deficiency in service and mental agony caused to the Complainant and a sum of Rs.3000/-. Accordingly, Point Nos 2 and 3 are answered.

In the result the complaint is allowed in part. The Opposite Party is directed to pay a sum of Rs.5,000/- (Rupees Five Thousand Only) as compensation for the deficiency in service and mental agony caused to the Complainant and a sum of Rs.3,000/- (Rupees Three Thousand Only) towards cost to the Complainant, within 8 weeks from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 6% p.a from the date of this order till the date of realisation.

           In the result this complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 30^th of August 2022.  

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	13.12.2011	Copy of Receipt No Nil Dated 13.12.2011
Ex.A2	29.03.2016	Copy of Post card received from “Vaithikasri”
Ex.A3	23.04.2016	Copy of acknowledgement receipt by the “Vaithikasri”
Ex.A4	21.04.2016	Regd letter sent to “Vaithikasri”
Ex.A5	27.06.2016	Copy of CAI to Mr Rajagopalan
Ex.A6	05.07.2016	Letter of Mr.Rajagopalan to CAI

 

 

List of documents filed on the side of the Opposite Party:-

 

 

NIL

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT