Date of Filing:30.11.2021

Date of Disposal:28.04.2023

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

ORDER

SRI CHANDRASHEKAR.S.NOOLA, MEMBER

1. The complainant has submitted this complaint in accordance with Section 35 of the Consumer Protection Act of 2019. The complainant then requests that this Commission order the opposite party to provide a return of Rs.55,000/- with interest at 24% per annum, compensation of Rs.50,000/- for mental stress, harassment, and suffering, and legal charges of Rs.5,000/-.

2. The following are the complaint's key facts: 

The complainant was enticed by the advertisement to attend the Mrs. India Universe contest and paid Rs.4,000/- as registration fees by visiting the website www.mrsindia.co.in. Following a video audition, the complainant was chosen as one of the platform's finalists and was asked to pay Rs.1,55,000/- as Pageant fees. Following a discussion with the opposing party's representative, the complainant was asked to pay Rs.55,000/- as a part payment of the Pageant fees out of the total of Rs.1,55,000/-. And the complainant paid the amount in contention.

3. The complainant claims that he hired a personal trainer of her choice and that the opposite party representative informed him that "if you select one of the opposite party trainer associated then the complainant would get extra points from the judges at the competition and they would help the complainant get extra marks and also help the complainant win in the above said pigeon." The complaint was taken aback by this request and chose to withdraw from the beauty pageant. On the same day, within 24 hours, the complainant sent an email to the opposing party requesting a refund of Rs.55,000/-.

4. Notice to OP duly served, but OP did chosen file version and  affidavit.

5. The points that arise for our consideration are;

1. Whether the Complainant prove that there is deficiency of service on the part of the OPs as alleged in the complaint and thereby prove that he is entitle for the relief sought?
2. What order?

6. The findings on the above points are as under:

Point No.1               :       Affirmative

Point No.2               :       As per final order

REASONS

7. POINT NO.1:- Perusing the data, it is observed that the complainant had paid Rs.55,000/- as part of a total payment of Rs.1,55,000/- to participate in the Mrs. India Universe contest. The complainant claims that after conversing with a company’s representative, she became unsatisfied with the mode of selection and opted to withdraw from the competition, which she reported to the opposite party through email dated March 25, 2021 and identified as document number-7.

8. The complainant has not used the opposite party's services and has opted out, alleging unprofessional conduct by the opposite party, despite the fact that there is no concrete evidence given by the complainant in this regard, only relaying on email communication supported by affidavit. The opposite party remained ex-parte.

9. In the light of the foregoing discussion, the commission determines that the opposite party has to refund the fee of Rs.55,000/- collected from the complainant, along with compensation of Rs.3,000/- and litigation costs of Rs.2,000/-, within 45 days of receipt of this order, or pay 6% interest until the date of full payment. Accordingly, the Point No.1 we answer Partly in affirmative.

10. POINT NO.2:- In the result, we passed the following:

ORDER

1. The complaint filed by the Complainant U/s 35 of the Consumer Protection Act, 2019 is allowed in part.

2. The OP is directed to refund Rs.55,000/- to the complainant.  The OP is further directed to pay a sum of  Rs.3,000/- as compensation for deficiency and Rs.2,000/- towards litigation charges.

3. The OP is  further  directed to pay the above said amount to the complainant within 45 days from the date of the receipt of the copy of this order, failing which, the said amount shall carry interest @ 6% per annum from the date of filing the complaint till its realization.

4. Furnish free copy of this order to both the parties. 

 (Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 18^th April 2023)

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)             (CHANDRASHEKAR S.NOOLA)       

         MEMBER                                        MEMBER

Witness examined on behalf of the complainant by

way of affidavit:

Smt.Priya Paramitha Paul-who being the complainant

Documents produced by the complainant:

Witness examined on behalf of the OP-1 by way of affidavit: Nil

Documents produced by the OP: Nil

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)          (CHANDRASHEKAR S.NOOLA)

         MEMBER                                     MEMBER

SKA*