DISTRICT CONSUMER DISPUTES REDRESSAL FORUM. BOLANGIR.
…………………….
Presents:-
1.Sri P.Samantara, President.
2.Sri G.K.Rath, Member.
Dated, Bolangir the 19th day of February 2016.
C.C. No. 67 of 2015
Keshab Pradhan, son of Jagannath Pradhan, Resident of village-Barpadar, P.O- Budula.
Dist- Bolangir.
.. .. .. Complainant.
-Versus-
Director, Arihant Publication India Ltd. E-Division, Corporate Office,
Daryaganj, New Delhi-110002.
.. .. .. Opp.Party.
Advocate for the complainant- None.
Advocate for the Opp.Party. – None.
Date of filing of the case- 03.09.2015
Date of order -19.02.2016
JUDGMENT.
Sri P.Samantara, President.
1. Succinctly put, the complainant averred, he placed for order in purchase of six nos of books from M/S. Arihant Publication India Ltd, E-Division, Corporate Office, Daryaganj, New Delhi-110002, against paid consideration of Rs 1,068/- on 24th Feb 2015 but against the promise till the date, no one turn out to send the book or make refund in payment of DD No.# 42585 (PNB) and also stated, in online India post verification shows, the article has been dispatched from Daryaganj, Post office of New Delhi.
2. Further stated, the correspondence with company both head office and corporate office, same has been dispatched but not received at his end. The non reaching of booked books landed him irreparable loss along with mental agony and despair in preparation of competitive examination, which is a great loss and suffering, which can be compensated for such so inaction, callousness and deviation of promise to pay or send. Non-reach of books is a deficiency of service and praying necessary action be enforce to get the books and reliefs deems fit for such negligence.
3. Relied on demand Draft copy, letters, India Post receipt copy, E-booking tips and affidavit.
4. Pursuant to notice, the O.P neither appeared nor sent any version against the sufficient notice awaiting beyond statutory times.
5. As we see, the statutory times has been elapsed from the date of notice so it is preferred to decide the case u/s.13(2) © of the Consumer Protection Act on merit.
6. Heard the complainant and perused the record.
7. Perusal of record reveals, the notice is sufficient u/s.28-A(4) of C.P.Act and the O.P has failed to take any action or represent his case ;within such long span of time.
8. The petitioner has paid the booking cost in advance and through demand Draft, so paying the consideration the petitioner is a consumer and the case suffers no barred of limitation and jurisdiction and the cause of action arises at Bolangir. Thus case is maintainable under C.P.Act.
9. Again the correspondence with the company and phone calls as made by the petitioner transpires, the transaction has been effected and the O.P made over phone that the books ordered has been mailed accordingly, but non reached of same to the petitioner’s end which amounts to fault, imperfection, short coming and nature & manner of performance which is deficiency of service within the definition of term 2(g) of the Consumer Protection Act.
10. In view of the above made discussion, we find the O.P has failed to render service as assured and promised within the company’s domain in getting advance consideration which landed him to pay the compensation and refund at earliest. Thus it is ordered.
ORDER
The O.P Arihant Publication India Ltd. is liable to refund the amount received Rs 1,068/-(Rupees one thousand sixty eight) only, along with compensation of Rs 1,000/-(Rupees one thousand) only, for the loss, harassment and mental agony sustained hitherto along with litigation expenses incurred within 30 days of this order, failing which @ 12% per annum interest will accrue till realization of same.
ORDER PRONOUNCED IN OPEN FORUM THIS THE 19TH DAY OF FEBRUARY 2016.
(G.K.RATH) (P.SAMANTARA)
MEMBER. PRESIDENT.
