DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 1547/2015
D.No.________________ Dated:___________________
IN THE MATTER OF:
AMIRAN D/o MOHAMMAD VAKIL,
R/o B-5/58, SWARN JAYANTI VIHAR,
TIKRI KHURD, NARELA, DELHI-110040.… COMPLAINANT
Versus
MY PARTNER INTERNET SERVICE,
S15-B, FLAT No.-A1, OPP.-S.M. WORLD,
SHALIMAR GARDEN, EXTN.-II,
SAHIBABAD, GHAZIABAD. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 27.11.2015
Date of decision: 14.03.2019
SH. M.K. GUPTA, PRESIDENT
ORDER
1. The complainant has filed the present complaint against the OP under Section 12 & 14 of the Consumer Protection Act, 1986 therebyalleging that in the month of August-2015, the complainant booked a Matrimonial service online at home and one representative of OP came at the premises of the complainant and booked a Matrimonial Application from the complainant and received
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Rs.4,000/- vide receipt no.210 dated 05.09.2015 for Matrimonial Services. The complainant further alleged that the complainant providedher Bio-Data and one photo-graph for updatationat Matrimonial site at www.mypartnetindia.com and the official of OP gave ID no. M218349 and at the time of booking, the representative of OP committed for to provide resume of 6 to 7 suitable partner per month, toarrange meeting between both parties at his own cost & to provide suitable partner within three months. The complainant further alleged that the official of OP did not provide the resume of suitable partner, nor picked up the phone calls of the complainant and the complainant also shocked when the complainant found the photograph uploaded at the Matrimonial site is fake and details are also fake and data provided by OP is also fake, the mobile no. of was also fake and facts and circumstances the act and omission on the part of OP comes under the unfair trade practice. The complainant further alleged that there is an unfair trade practice and deficiency in service on the part of OP and OP has cheated the complainant.
2. On these allegations the complainant has filed the complaint praying for direction to OP to refund the total amount of Rs.4,000/- alongwith interest from the date of booking as well as compensation of Rs.75,000/- for causing her mental agony and harassment and has also prayed for litigation cost of Rs.1,100/-.
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3. Notice to OP was issued through speed post for appearance on 12.01.2016 and OP avoided to receive the notice as per track report “delivery attempted: unclaimed” but none for OP appeared on 12.01.2016 & 15.03.2016 and as such OP has been proceeded ex-parte vide order dated 15.03.2016.
4. In order to prove hercase the complainant filed her affidavit in evidence and also filed written arguments. The complainant also placed on record copy of receipt no. 210 dated 05.09.2015 of Rs.4,000/- issued by OP, copy of photo-graph and copy of Matrimonial ID.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of thecomplainant. Moreover,it appears that even after receiving notice of this case from this forum, the OP has kept mum and has not bothered to answer the case of the complainant. It seems that OP has no case at all in its favour. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
6. Accordingly, OP is directed as under:
i) To refund to the complainant an amount of Rs.4,000/- which was paid by the complainant to OP.
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ii) To pay to the complainant an amount of Rs.2,000/- as compensation for causing mental agony and harassment.
iii) To pay to the complainant an amount of Rs.1,000/- towards cost of litigation.
7. The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 14th day of March, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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