Tamil Nadu

South Chennai

CC/334/2013

Mobile Beauty Parlour - Complainant(s)

Versus

Vasumathi - Opp.Party(s)

Saritha Lal

07 Feb 2018

ORDER

                                                                                                                           Date of Filing  : 01.10.2013

                                                                          Date of Order : 07.02.2018

DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, CHENNA (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

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

CC. NO.334 /2013

WEDNESDAY THE 7^th  DAY OF FEBRUARY 2018                                              

1.  Mobile Beauty Parlour,

Rep. by its Partner Vasumathi,

And Dinesh Kumar having

Office at AF4, Shantha Enclave,

Gokulam Colony,

Pammal, Chennai.

2. Vasumathi,

Residing at

7 Rams Apt.,

26/28 Kasthuri Bai Nagar,

4^th Main Road, Adyar,

Chennai 600 020.

3. Dineshkumar,

Residing at

No.10, East Car Street,

Kadambur 628 714.                                    .. Complainants

                                      ..Vs..

Sulekha Com,

Rep. by Mr.G.Lokesh,

Branch Manager,

Block NO.345,

9^th Floor, Fountain Plaza,

Pantheon Road Egmore,

Chennai 600 008.                                       ..  Opposite party

 

 

Counsel for complainants         :  M/s.  Sarita Lal   

Counsel for opposite party     :  M/s. Shobhana M.P.   

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 seeking direction to pay a sum of Rs.4412/- with interest and also to pay a sum of Rs.50,000/- as compensation for mental agony and to pay cost of the complaint. 

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

          The complainants submit that  for advertising the complainants Mobile Beauty Parlor contacted the opposite party Sulekha.com which is renowned advertisement agent popular for its Classifieds and it in Yellow pages.   Further the complainants state that the opposite party promised  the complainants  to accommodate the business of such Mobile Beauty Parlor also.   Hence the complainants submitted the yellow page order form and paid a sum of Rs.4412/- including service charges.   Despite the promise made by the opposite party to create the new category for the venture of the complainant and to publish it within the stipulated time of one week from the date of application the opposite party fails to adhere to;  which caused great mental agony to the complainants. 

Hence the complainants issued legal notice dated 24.9.2012.  But the opposite party has not given any reply.    As such the act of the opposite party amounts to deficiency in service which caused mental agony and hardship to the complainants.   

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

The  opposite party deny each and every allegations except those that are specifically admitted herein. The opposite party state that the complainant requested the opposite party to create a new category and the same was accepted by the opposite party and the same was implemented.   The opposite party further state that  he has delivered so for a number of leads which the complainants has not been able to convert into business propositions primarily owing to lack of ability on their part as well as being unable to exploit the leads to is maximum potential.   Consequently the opposite party has not failed in meeting their commitments.   The opposite party also state that in keeping with the commitments made to the complainant and as agreed they have delivered leads to them.  Hence there is no deficiency in service on the part of the opposite  parties and the complaint is liable to be dismissed.

3.     In order to prove the averments of the complaint, the complainants has filed proof affidavit as their evidence and documents Ex.A1 to Ex.A5 marked.  Proof affidavit of the opposite party not filed and no documents  marked on the side of the  opposite party.

4.      The points for consideration is :

1. Whether the complainants are entitled to a sum of Rs.4412/- with interest as prayed for ?

2. Whether the complainants entitled to a sum of Rs.50,000/- towards compensation for mental agony with cost as prayed for? 

5.   POINTS 1 & 2 :

          Heard complainant counsel.  The opposite party has not filed proof affidavit and documents to prove the contentions raised in the written version;  But filed written arguments.  Perused the records (viz) complaint, written version, proof affidavit of complainants and documents.  The complainants pleaded and contended that for advertising the complainants Mobile Beauty Parlor contacted the opposite party Sulekha.com which is renowned advertisement agent popular for its Classifieds and it in Yellow pages is admitted.   Further the contention of the complainants is that the opposite party promised to the complainants  to accommodate the business of such Mobile Beauty Parlor also.   Hence the complainants submitted the yellow page order form and paid a sum of Rs.4412/- including service charges.  Further the contention of the complainants is that for due advertisement a new category was created by the opposite party as promised and the literature as per Ex.A2 was given for due advertisement which is read as follows:

      “Advertisement to be published in Sulekha Classifieds :

Name : Mobile Beauty Parlour.

Pamper yourself has never been so easy.  We are just a call away.  Enjoy a relaxing day at your home and rejuvenate your body, mind and soul.   We at mobile beauty parlour offer wide variety of services from hair massage to royal pedicure.  

Unisex, and we undertake bridal services as well.

For memorable experience Call 893948487

Contact details:  As mentioned in the registration form.

The opposite party  has not complied for creating the new category which caused great mental agony proves the unfair trade practice and deficiency in service. Hence the complainants issued legal notice dated 24.9.2012 as per Ex.A5.  The opposite party has not given any reply.  Hence the complainants are constrained to file this complaint claiming compensation.

6.     The contention of the opposite party is that admittedly the complainants submitted yellow page order form for the due advertisement to generate business.   As per the terms and conditions if the complainants is not satisfied about the advertisement “the customer can cancel the advertisement on Sulekha yellow pages within 7 working days from the date of advertisement going live”.   The complainant immediately after seeing the advertisement that  to send due emails Ex.A4 and requested to refund the deposit amount.   While so the opposite party Manager one Mr.Kannan contacted the complainants and admitted to refund the amount after due processing period of 90 days.  Further the contention of the opposite party is that the complainant has not cancelled the contract within the prescribed period and charged all the advertisement.  But it is very clear that the literature advertisement is not satisfied by the complainant proves the deficiency  in service.    Considering the facts and circumstances of the case this forum is of the considered view that  the opposite party shall pay a sum of Rs.4412/ with interest at the rate of 9% p.a. from the date of complaint i.e. 1.10.2013 to till the date of this order i.e. 7.2.2018  and also shall pay compensation of Rs.5,000/- for mental agony with cost of Rs.5000/- and the points are answered accordingly.

In the result the complaint is allowed in part.   The opposite party shall pay a sum of Rs.4412/ (Rupees Four thousand four hundred and twelve only ) with interest at the rate of 9% p.a. from the date of complaint i.e. 1.10.2013 to till the date of this order i.e. 7.2.2018  and also shall pay compensation of Rs.5,000/- (Rupees five thousand only)  for mental agony with cost of Rs.5000/- (Rupees five thousand only) to the complainants. 

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 Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 7^th day of February 2018. 

 

MEMBER –I                            MEMBER-II                              PRESIDENT.

COMPLAINANT SIDE DOCUMENTS:

Ex.A1-  5.3.2012   - Copy of yellow pages order form     

Ex.A2-         -        - Copy of literature to be published. 

Ex.A3-                - Copy of Actual literature published by the opp. party.

Ex.A4- Apil-May     - Pint of email communication.

Ex.A5- 24.9.2012  - Copy of legal notice.

OPPOSITE  PARTY SIDE DOCUMENTS:  ..Nil..

MEMBER –I                            MEMBER-II                              PRESIDENT.