Chandigarh

DF-I

CC/575/2019

Jagbir Singh Grewal - Complainant(s)

Versus

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

Gaurav Bhardwaj Adv.

07 Feb 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/575/2019
Date of Institution	:	04/06/2019
Date of Decision	:	07/02/2022

 

Jagbir Singh Grewal, Resident of #49, Silver City, Zirakpur, District Mohali.

… Complainant

V E R S U S

Wedding Wish Pvt. Ltd., SCO No.226, Level-I & II, Sector-36D, Chandigarh through its Managing Director.

… Opposite Party

CORAM :	RAJAN DEWAN	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Gaurav Bhardwaj, Counsel for complainant.
	:	None for OP.

 

Per Surjeet kaur, Member

1.      Briefly stated the allegations are that the complainant after going through huge advertisement of the Opposite Party-Company and in response to a call given by the customer service relation department of the company, approached the Opposite Party for hiring their service for finding a suitable match for his daughter. As per complaint, the complainant visited the office of the Opposite Party on 11.07.2018 and after discussions, he paid Rs.20,000/- to the Opposite Party and a pre-registration form was filled and handed over to the complainant. Copy of the pre-registration form which is annexed as Annexure C-1. As per the form, total amount was settled at Rs.1,20,000/-. The complainant further paid an amount of Rs.40,000/- in cash on 12.07.2018 and Rs.60,000/- on 13.07.2018 to the Opposite Party. The receipt of said which is annexed as Annexure C-2. A service agreement was duly signed on 13.07.2018 and the Opposite Party was to send the profiles of the suitable grooms from his community for his daughter and specifically doctor grooms, since the daughter of the complainant is a qualified Doctor and is serving in Indian Army. The said agreement is valid upto December 2019. Copy of the service agreement which is annexed as Annexure C-3 & C-4.The complainant thereafter waited patiently for the profiles. The profiles of the grooms were never sent on the specified dates and the Opposite Party gave excuse that their server was down or computer operator was on leave.

         The complainant also noticed that the profiles which were sent to the complainant were picked up from various matrimonial sites, such as Bharat Matrimony, Jeevan Saathi, Sikh Matrimony and Shadi.com etc., not even a single profile was sent by the Opposite Party independently. Meaningless profiles from different castes and different professions were being sent and same matrimonial profiles were sent repeatedly again and again. The complainant gave the request to the Opposite Party to refund his amount. The said request was duly received by the employee of the Opposite Party on 28.02.2019, but till date the Opposite Party has not refunded the amount to the complainant. A copy of the request is annexed as Annexure C-5. Hence, this present consumer complaint.

2.     Opposite Party appeared, but failed to file reply & evidence despite several opportunities. Therefore, defence of Opposite Party was struck off vide order dated 27.08.2021.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the complainant and gone through the record of the case. After perusal of record, our findings are as under:-
5.     Evidently, as per Annexure C-1 and C-2, the complainant paid amount of Rs.20,000/- on 11.07.2018, Rs.40,000/- on 12.07.2018 and remaining amount of Rs.60,000/- on 13.07.2018 respectively to the Opposite Party for the purpose of getting a good match for her daughter. The sole grouse of the complainant is that, despite charging hefty amount the Opposite Party could not collect/convey appropriate profiles matching with the profile of the daughter of the complainant who is qualified Doctor serving in Indian Army. The complainant claims that since the clauses contained in the agreement Annexure C-3 were to the disadvantage of the complainant, therefore, he is entitled to the refund of the amount. Annexure C-5 give clear cut idea of the frustration of the complainant to show that the claim or projections made by the Opposite Party initially and after sending the agreement were totally contrary.
6.     It is thus established beyond all reasonable doubts that the complaint of the Complainant is genuine. The harassment suffered by the Complainant is also writ large. The Opposite Party has certainly and definitely indulged into unfair trade practice as it ought to have promptly refunded the amount paid to the Complainant, which it failed to do and propelled this unwarranted, uncalled for litigation upon the Complainant. At any rate, the Opposite Party even did not bother to redress the grievance of the Complainant despite having approached for the same by the Complainant time and again. Thus, finding a definite deficiency in service on the part of the Opposite Party, we have no other alternative, but to allow the present complaint against the Opposite Party.
7.     The Complainant in the prayer clause has sought refund of the whole amount paid by her, 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, the Opposite Party must have used its official machinery/manpower, for which we deem it appropriate to deduct 10% from the total amount towards administrative charges.
8.     In view of the foregoings, we are of the opinion that the present complaint must succeed. The same is accordingly partly allowed. Opposite Party is directed as under:-

1. To refund amount of ₹1,08,000/- (after deducting 10% towards administrative charges from the membership fee of Rs.1,20,000/-) to the complainant;
2. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to the complainant;
3. to pay ₹7,000/- to the complainant as costs of litigation.

9.     This order be complied with by the Opposite Party within thirty days from the date of receipt of its certified copy, failing which, it 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.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
07/02/2022	[Surjeet Kaur]	[Suresh Kumar Sardana]	[Rajan Dewan]
Ls	Member	Member	President