Chandigarh

DF-I

CC/178/2020

Manjit Singh - Complainant(s)

Versus

Wedding wish Pvt. Ltd. - Opp.Party(s)

Ravi Inder Singh

05 Feb 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/178/2020
Date of Institution	:	10/06/2020
Date of Decision	:	05/02/2024

 

1. Manjit Singh, R/o H.No.404, Phase 10 Mohali, Punjab.
2. Jaideep Singh R/o H.No.404, Phase-10 Mohali Punjab.

 

...Complainants

VERSUS

 

1. Wedding wish Pvt. Ltd., through its Directors, SCO No.226 Level 1, Sector 36-D, Chandigarh.

 

Second Address: S.C.O 57, Level-II, VIP Road, Zirakpur Distt. Mohali, Punjab.

 

2. Smt. Aditi B Singla, Managing Director Wedding Wish Pvt. Ltd., SCO No.226, Level 1, Sector 36-D. Chandigarh.

 

Second Address: S.C.O 57 Level-II, VIP Road, Zirakpur Distt. Mohali, Punjab.

 

3. Vibha, Managing Director Wedding Wish Pvt. Ltd., S.C.O No.226, Level 1, Sector 36-D, Chandigarh.

 

Second Address: S.C.O 57, Level-II, VIP Road, Zirakpur Distt. Mohali, Punjab.

 

4. Deepa, Managing Director Wedding Wish Pvt. Ltd., S.C.O No.226, Level 1, Sector 36-D, Chandigarh.

 

Second Address: S.C.O 57, Level-II, VIP Road, Zirakpur Distt. Mohali, Punjab.

 

5. Richa, Profile Manager, Wedding Wish Pvt. Ltd., S.C.O No.226, Level 1, Sector 36-D, Chandigarh.

 

Second Address: S.C.O 57, Level-II, VIP Road, Zirakpur Distt. Mohali, Punjab.

 

...Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Ravi Inder Singh, Advocate for Complainants (through VC).
	:	Ms.Aditi B Singla, OP No.2 in person, being Managing Director of OP No.1 (through VC).
	:	OP No.3 to 5 ex-parte.

 

Per Suresh Kumar Sardana, Member

1.      Averments are that the complainant No.1 was finding a suitable match to marry his nephew i.e., complainant No.2. The complainant visited the office of the OP’s and entered into the service agreement dated 11.04.2018 and paid sum of Rs.50,000/- to the OP’s (Annexure C-1 & C-2). As per the agreement 21 profiles were to be uploaded within a span of 9 months. They failed to provide suitable matches for the complainant No.2. The complainants have time and again approached the OP's through telephone and also through WhatsApp that suitable profile as per her requirement is not being provided and has even shown their anguish to the OP's (Annexure C-3). The profiles sent through emails by the OPs were not suitable and upto the match of the complainant No.2 (Annexure C-4) colly. The complainants visited the office of the OPs many times as the OPs were not providing proper services. The OPs are befooling innocent people and extracting their hard-earned money from them. Hence, is the present consumer complaint.
2.     OP No.1 to 4 contested the consumer complaint, filed their written reply and stated that as per the terms and conditions of service agreement executed between the complainant No.1 and OPs were bound to provide 21 profiles to the complainant No.2 but till date OPs had provided 37 profiles to the complainants on the request of the complainant No.2 (Annexure R-2). It is further stated that the present complaint is not maintainable in the present form as such specific clause of service agreement, whereby it was clearly explained by opposite parties to complainant prior to signing of service agreement that membership fees once submitted by client is non- refundable and non-transferable. Hence complainant is bound by the terms and condition of the service agreement. On these lines, the case is sought to be defended by OP No.1 to 4.

     Thereafter, none puts in appearance on behalf of OP No.3 & 4. Hence, OP No.3 & 4 are proceeded against ex-parte on 31.07.2023.

3.     Notice of the complaint was sent to OP No.5 seeking its version of the case. However, nobody appeared on behalf of OP No.5 despite service, therefore, it was proceeded ex-parte on 28.08.2020.
4.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
5.     Parties led evidence by way of affidavits and documents.
6.     We have heard the learned counsel for the complainants & Managing Director of OP No.1 and gone through the record of the case.
7.     It is evident from the Service Agreement (Annexure C-2) that the Complainant paid a total sum of Rs.50,000/- to the OPs for availing their services. A thorough glance at the Service Agreement, available at Pg. No.18 of the paper book, makes it emphatically clear that the Membership subscribed by the Complainant was vaild for nine months and during the period of membership the OPs were to upload 21 profiles in the account of the Complainant. 
8.     It is important to note that according to the profile chart annexed by the Complainant at Pg. No.21 of the paper book, his profile was activated on 24.04.2018 and the same was valid upto 15.02.2019. The said chart also shows the number of profiles and dates when the same were uploaded in the account of the Complainant. On perusal of the charts, it is observed that 21 profiles have been uploaded. Moreover, the Complainant himself in Annexure R-1 has admitted that the OPs had uploaded the said profiles in his account and also made a request for some complimentary profiles.
9.     However, from perusal of complaint, it is observed that on many occasions complainant felt humiliated/harassed while talking to unknown persons and that defective profiles were sent which were not in consonance with the requirements of the complainant. All this makes a clear pointer towards the fact that it was the negligent and careless attitude of the OPs who despite framing their own terms & conditions being firm and clear, made situations very often where the complainant instead of finding a suitable match had to face frustration by talking to unknown persons with mismatching profiles/particulars.
10.     The complainant in the prayer clause has sought refund of the whole amount paid by him, along with interest. However, per material on record, we cannot grant said relief in toto to the Complainant, for the sole reason that for working on the profile of the Complainant and arranging meetings/conference, the OPs must have used their official machinery/manpower, for which we deem it appropriate to deduct 50% from the total amount towards administrative charges & services rendered.
11.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

i) to refund an amount of ₹25,000/- (after deducting 50% towards administrative charges & services rendered from the membership fee of Rs.50,000/-) to the complainant.

ii) to pay an amount of ₹5000/- to the complainant as compensation for causing mental agony and harassment to him.

3. to pay ₹7500/- to the complainant as costs of litigation.

12.     This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
13.     Pending miscellaneous application, if any, also stands disposed of.
14.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
05/02/2024			[Pawanjit Singh]
Ls			President
			Sd/-
			[Suresh Kumar Sardana]
			Member