CC: 250/2022

                                                                 Date of Filing: 25.11.2022

                                                  Date of Disposal: 01.06.2023

BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BENGALURU – 560 027.

DATED THIS THE 1^st DAY OF JUNE 2023  

CONSUMER COMPLAINT NO. 250/2022     

                                      PRESENT:               

SRI.RAJU K.S,

SMT.REKHA SAYANNAVAR,:MEMBER                                          

Sri. Anchal Arun Kumar,

S/o. Arun Kumar,

Aged about 40 years,

R/t No.663, 3^{rd Cross},

HMT Layout,

Party In person…COMPLAINANT

M/s. Gathabandhan Matrimony Pvt Ltd

No.71/72 Industrial layout

Jyotinivas College Road, 5^th Block   

Bangalore-560095.

Ex-parte

... OPPOSITE PARTY

//JUDGEMENT//

BY SMT. REKHA SAYANNAVAR, MEMBER

The present complaint is filed under section 35 of CP Act 2019 with a prayer to direct the opposite party to pay a sum of Rs.43,000/- with interest at the rate of 24% from  28.08.2022, and to pay a compensation of Rs.30,000/- towards mental agony and Rs.30,000/- towards litigation cost and to  grant such other relief as this commission deems fit in the interest of justice and equity.

Brief facts of the complaint :-

1. The complainant is the party in person. She is a HR Executive in a reputed Multinational Company by Profession and she came across an advertisement regarding matrimonial services published by the opposite party in  “ Times of India ’’  newspaper in the month of April 2022. Since she was actively looking for matrimonial alliances, this advertisement kindled her interest and she approached the office of the opposite party along with her mother. After discussion with the staff of opposite party, the complainant availed a  membership  i.e. `` assisted matrimonial service `` by making  the payment  of  

Rs.43, 000/-, the same was transferred to the account number provided to her on ‘’ Google Pay ‘’ UPI app.on April 27^th and 28^th 2022 and the same was acknowledged by the opposite party via Invoice No.INV-202205-3665 dated May 1, 2022.

2. It is relevant to submit here that as per the conditions of the service package, the opposite party was under an obligation to share profiles of prospective matrimonial matches and arrange meetings with suitable ones.  The complainant was interested to pursue a couple of prospective matches and the same was conveyed to the opposite party.   However, the opposite party on multiple occasions came up with flimsy reasons and avoided to arrange the meetings with the suitable matches.  Such conduct of the opposite party made the complainant suspicious about the genuineness of the service. Further the opposite party had shared few prospective matches with the complainant and shockingly, the said matches were all fake on the face of it and in fact, they were all non-existent.  The Complainant made independent verification of these profiles on Linked in and found out that the opposite party had misused these profiles and misled the complainant. 

3.  Devastated by this, the complainant, contacted the opposite party and sought for refund of her membership fees.  But of no use. The complainant was made to run from pillar to post.  She was constrained to issue legal notice on 01.09.2022 the said legal notice was duly served on the opposite parties. There was no reply and response from the side of the opposite party.  Hence, the complainant left with no other alternatives to approach this Commission for the redressel of her grievances under the Consumer Protection Act 2019 for deficiency of service and un-fair trade practice of the opposite party.  Hence, this complainant. 

4. The notice of this complaint was duly served upon the opposite party remained absent, placed Ex-parte. 

5. The complainant had filed affidavit in the form of  her evidence in chief, EX.P1  to EX.P5 are marked.

6.  Heard the arguments.

7.  The points that would arise for consideration are as under :-

  (1) Whether there is deficiency of service and unfair trade practice on the part of the opposite party?

  (2) Whether the complainant is entitle for the 

      Relief as sought?

       (3) What order?

    7.   Our findings on the aforesaid points are as follows:

POINT NO.1 :  In Affirmative.

POINT NO.2 :  Partly in Affirmative.

POINT NO.3 :  As per the final order for the following;

REASONS

8.  POINT No.1 :  PW-1 had re-iterated the facts of the complaint     through pleadings, affidavit evidence in chief  with documents etc.,  It is the case of the complainant who had purchased  the membership `` Assisted Matrimonial Service’’  of  opposite party by making the payment of Rs.43,000/-on  27^th  and 28^th  of April 2022  i.e   EX.P3. .   As per above mentioned Membership the opposite party ought to have provided good and genuine matrimonial profiles to the complainant. The opposite party had provided fake profiles to the complainant. It is evident from the EX.P5 i.e E-mail communications.  In one of E-mails, sent by Mr. Jagannath Subramanyam to complainant he wrote that he have not shared any profile to opposite party.   The complainant herself verified all the profiles sent by the opposite party on social media also.  She found all are almost fake and not genuine. The opposite party completely cheated the complainant in this regard.  The complainant made the complaint regarding the same to the opposite party by sending many E-mail communications.  She could not get any proper response and even good and genuine matrimonial proposals.  Devasting from the act of the opposite party she also sent legal notice dated 01.09.2022.  But of no use.   Even during the proceedings of this complaint the opposite party remained absent and placed Ex-parte.  Not only this had the opposite party kept on telling over the phone call to the complainant that they will appear before this Commission and settle the matter.  Till today not appeared and not made the refund of the membership fees paid by the complainant.   On perusal of the E-mail dated 27.12.2022 communication the opposite party also admitted to make the refund and mentioned the refund will be proceeded within 90  days   and  not made the payment till this day. Hence the act of the opposite party amounts to unfair trade practices as enumerated U/S  2 (47) of CP Act, 2019  and  deficiency of  service  as  enumerated  U/S 2 (11) of CP Act.  Hence, we answer Point No.1 In Affirmative.

09. POINT No.2 :- The complainant had claimed the amount of Rs.43,000/- with interest  at the rate of 24% per annum  from 28.04.2022. The rate of interest at 24% is an exorbitant one. The complainant is entitled for the refund of membership fees paid of Rs.43,000/- with interest  at the rate of 9% per annum as  the opposite party could not provide any good and genuine matrimonial problems to the complainant.   The complainant to substantiate her claim had produced EX-P4 i.e Tax Invoice.  In addition the complainant is entitled for damages of Rs.50,000/- as the act of the opposite party has caused her an  emotional harm and injury to her dream of getting married to a  genuine profiled  person  as in this busy lifestyle and tight time management  the  opposite party  had cheated the complainant  by providing fake  matrimonial profiles and wasted her valuable time as she is  an HR Executive in a reputed Multinational Company by profession. It amounts to ``INJURY``  as enumerated  U/S 2 (23), of  CP Act, 2019. 

`` Injury `` means any harm whatever, illegally caused to any person, in body, mind or property;

And ``HARM`` as enumerated U/S 2 (22)(ii) & (iii) of C.P Act, 2019 which lays down, in relation to a product liability, includes –

        (ii) personal injury, illness or  death ;

(iii) mental agony or emotional distress attendant to personal injury or illness  or  damaged to property,  or .

And also it amounts to ``PRODUCT LIABILITY``  as enumerated U/S 2 (34) CP Act, 2019 which lays down that

Product liability means the liability of a product manufacturer or  product seller, of  any product or ``SERVICE`` , to compensate for  any harm caused to a consumer by such defective product manufactured or sold or ``BY DEFICIENCY  IN SERVICES `` relating thereto ;.  Hence, they are liable to pay the damages  of Rs.50,000/- to the complainant.   The complainant is also entitled for   compensation of  Rs.30,000/- towards mental agony and financial hardship.  and  Rs.10,000/- towards cost of the litigation. Hence, we answer Point No.2 partly in Affirmative.   

10. POINT NO.3 :- In the result, for the foregoing reasons, we proceed to pass the following.

ORDER

        The complaint allowed in part .      

The opposite party is directed to refund the membership fees paid of Rs.43,000/- with interest  at the rate of 9% per annum from 28.04.2022 till  realization to the  complainant.

The opposite party is directed to pay the damages of Rs.50,000/- to the complainant.

In addition to the complainant is entitled for compensation of Rs.30,000/- towards mental agony and financial hardship and  Rs.10,000/- towards cost of the litigation.

The opposite party shall comply the order within 30 days. In case, if it fails to comply the order within the said period, the above said amount of Rs.90,000/-  carries interest at the rate of 9% per annum from the date of order till realization

Supply free copy of this order to both the parties. 

Applications pending, if any, stand disposed off in terms of the aforesaid judgment.

         (Dictated to the Stenographer, typed by her, the transcript corrected,

          revised and then pronounced in the open commission on 1^st Day of 

         June 2023)

• REKHA SAYANNAVAR)          (RAJU K.S)                 (SHIVARAMA. K)    
•  

//ANNEXURE//

     Witness examined for the complainant side:

     PW-1 The complainant ;-

Documents marked for the complainant side:

1. Certificate U/S  65 (B) of Indian Evidence Act is EX.P1

2. Computer downloaded  linden screen shots EX.P2

3. Computer downloaded payment confirmation  EX.P3

4. Computer downloaded Invoice  dt 01.05.2020 EX.P4

5. Computer downloaded E-mails together EX.P5

Witness examined for the opposite party

• Nil  -

     Documents marked for the Opposite Party

• Nil  -

• REKHA SAYANNAVAR)       (RAJU K.S)            (SHIVARAMA. K)    
•  

CC: 250/2022

Date: 01.06.2023

Com/s By:

Opposite party/s

ORDER

        The complaint allowed in part .        

The opposite party is directed to refund the membership fees paid of Rs.43,000/- with interest  at the rate of 9% per annum from 28.04.2022 till  realization to the  complainant.

The opposite party is directed to pay the damages of Rs.50,000/- to the complainant.

In addition to the complainant is entitled for compensation of Rs.30,000/- towards mental agony and financial hardship and  Rs.10,000/- towards cost of the litigation.

The opposite party shall comply the order within 30 days. In case, if it fails to comply the order within the said period, the above said amount of Rs.90,000/-  carries interest at the rate of 9% per annum from the date of order till realization

Supply free copy of this order to both the parties. 

Applications pending, if any, stand disposed off in terms of the aforesaid judgment.

         (Dictated to the Stenographer, typed by her, the transcript corrected,

           revised and then pronounced in the open commission on 1^st Day of 

           June 2023)

• REKHA SAYANNAVAR)          (RAJU K.S)                 (SHIVARAMA. K)    
•