Date of Filing : 31-12-2008 Date of Order : 15-06-2009 IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD C.C.No.307/08 Dated this, the 15th day of June 2008. PRESENT SRI.K.T.SIDHIQ : PRESIDENT SMT.P.RAMADEVI : MEMBER SMT.P.P.SHYMALADEVI : MEMBER Thomas. M.J., Menamparambil House, } Complainant Kanjirathady, Rajapuram.Po, Kasaragod.Dt. 671532. (In Person) Don Bosco Publishing Centre, Po.Vattiyoorkavu, } Opposite party Thiruvananthapuram. (Exparte) O R D E R SRI.K.T.SIDHIQ, PRESIDENT Briefly stated The case of the complainant Sri.Thomas is that he advanced a sum of Rs.380/- towards the pre publication value of the book worth Rs.480/- ‘Sachitra Kerala Vijnana Kosham’. As per the stipulation the balance Rs.100/- he need to pay only at the time of receiving the book by V.P.P. 2. But the opposite party being the publishers of the book so far not sent him the book. Hence the complaint 3. Notice to opposite party eventhough served they remained absent. Hence opposite party was set exparte. 4. Complainant adduced evidence as PW1 and Exts A1 to A5 marked. 5. PW1 deposed that he paid the amount on 22-10-09 and thereafter Exts A1 and A5 received in which the opposite party expressed their apology for the delay in publishing the book and also seeking further time for sending the book. The complainant deposed that he was expecting the delivery of book and therefore the delay in filing the complaint is caused. He filed IA 78/09 to condone the delay. Considering the evidence adduced by the complainant and the extension of time sought by the opposite parties as seen in Exts A1 & A5 the delay in filing the complaint is condoned. 6. Complainant Heard. According to the complainant the opposite party had collected amount not only from him but from several other teachers also that apart only very recently i.e. in 2008 the opposite party had published the book but no copy was sent to him. Further opposite party’s agent again came to his institution in 2008 with the very same kind of brochurs of ‘Sachitra Kerala Vijnana Kosham’. Then only he came to know about the unfair trade practice of the opposite party. Considering the evidence adduced by the complainant, the complaint is allowed and the opposite party is directed to issue a copy of the ‘Sachitra Kerala Vijnana Kosham’ to the complainant with a cost of Rs.2000/-. On receipt of the book the complainant shall pay Rs.100/- that is due to the opposite party as per the stipulation at the time of booking. Opposite party further directed to remit Rs.5000/-in the Consumer Legal Aid Account attached to the Forum in view of the appropriation of advance amounts collected by way of booking from hundreds of unidentifiable consumers. Time for compliance is limited to 30 days from the date of receipt of copy of order. Failing which proceedings U/s 25 & 27 of the CP Act will be initiated. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Exts. A1.10-8-99 letter sent by OP to complainant. A2. Receipt of registration fee A3 Brochur A4 Brochur A5. 10-3-2000 copy of letter PW1.Thomas.M.J. Sd/- Sd/- Sd/- MEMBER MEMBER PRESIDENT Pj/ Forwarded by Order SENIOR SUPERINTENDENT
......................K.T.Sidhiq
......................P.P.Shymaladevi
......................P.Ramadevi | | 
