DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Friday the 14^th day of July 2023

C.C.121/2023

Complainant

Lyla B.Das

Thusharam

Calicut – 673 012.

Opposite Party

             Insight Publica

             Proprietor Mr. Sumesh,

             Building next to Bismi Supermarket,

             Nadakkavu,

             Calicut – 673 011.

ORDER

By Sri. P.C. PAULACHEN – PRESIDENT 

         This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.      The case of the complainant, in brief, is as follows:

The complainant had written and self published a book titled “Reading Beyond the lines: A treatise on Consciousness, Energy, Spirituality and Healing” and put it up as an ebook in Kindle format in the Amazon link , Bangalore. The complainant had also got a few books printed by Thomson Press, New Delhi. Since the number of print copies she had was not enough, she was looking out for a printing service at Kozhikode for more number of print books at a cheaper price, which she could put up on Amazon.

3. From the internet, she found ‘Insight Publica’ (https://www.insight publica.com/) as a publishing firm and she visited the firm on November 5, 2022, carrying with her a sample print copy. The proprietor Mr. Sumesh convinced her that their firm had a publishing scheme which she could use (https://www.insightpulica.com/ publish-your - book): The plan named - Plan VVIP - included design, print, publishing on e-commerce sites, social media publicity and 50 print copies. The cost of the plan was stated to be Rs.49,000/-.

4. Since her book design was already done, the complainant visited the firm in November 8, 2022 with the print files she had. Mr. Sumesh suggested that she could publish under the name of his publishing firm. Since she owned the copyright of the book she permitted the changing the publisher name to that of insight Publica, on the new proposed print copy. She also handed over 5 copies of the print book she already had (with the publisher name, Maiya Publishing). Mr.sumesh arranged for an Amazon seller site for linking it to her ebook. The complainant transferred Rs.20,000/- to the opposite party using Gpay app. On November 14, 2022 she transferred Rs.30,000/- more.

5. By January 30, 2023 the complainant realised that the services of the respondent were not satisfactory. The lack of transparency and lack of communications and the unfulfilled promises made her uncomfortable to remain in this arrangement. She had paid for 50 print books, but it seemed that only 5 copies were printed. 2 copies were given to her, and 3 were listed as ‘stock’ on Amazon. If the listing was for a ‘print on demand’ style of printing, it was not necessary for the opposite party to take Rs.50,000/- from her in advance.

6. In January 2023, the opposite party arranged to put up the new print books on Amazon website. The price of the book listed on Amazon was Rs.1,200/- which was far too high for anyone to buy, especially for a first time author. So she demanded the opposite party to list the price as Rs.500/- even though the print cost might be more. The opposite party said that they have listed it on Flipkart with price around Rs.850/-.

7. Because she did not like the way the things were moving on, in January 30, 2023 she asked the opposite party by e-mail to remove the listing of the book. In the next week, she found it removed. Later, she sent e-mails asking for the balance money after subtracting the service charge and print cost. She also asked for the payment of three books given by her. But the opposite party stated that he would not return the money due to her. Hence the complaint to direct the opposite party to return the money along with compensation for the mental harassment caused to her and to furnish her the Amazon report of the 3 books sold and the money due to her.

8. The notice issued from this Commission was served on the opposite party. Despite service of notice, the opposite party chose to remain absent and hence set ex-parte.

9. The points that arise for determination in this complaint are:

1.          Whether there was any deficiency of service on the part of the opposite party, as alleged?
2.          Reliefs and costs.

10. The complainant was examined as PW1 and Exts A1 to A4 were marked. 

11. Heard.

12. Point No.1–The complainant is alleging deficiency of service on the part of the opposite party. She is seeking refund of the money paid to the opposite party along with compensation for the mental harassment and also a direction to the opposite party to give her the Amazon report of the three books sold and the money due to her.  

13. PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the case history with dates, Ext A2 is the screen shot of emails, Ext A3 is the screen shot of Gpay transaction and Ext A4 is the Amazon website screen shot.

14.  The evidence of PW1 stands unchallenged.The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim of the complainant. The case of the complainant stands proved through the testimony of PW1 and Ext A1 to Ext A4. Deficiency of service on the part of the opposite party is established and proved. The opposite party is bound to refund Rs.50,000/- to the complainant.  Undoubtedly, the complainant was put to intense mental agony and hardship due to the deficient service on the part of the opposite party, for which, she is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 10,000/- will be reasonable compensation in this case.

15.   Point No.2:  In the light of teh finding on the above point, the complaint is disposed of as follows:

1. CC 121/2023 is allowed.  
2. The opposite party is hereby directed to pay a sum of Rs.50,000/- (Rupees fifty thousand only) to the complainant.
3. The opposite party is directed to pay a sum of Rs.10,000/-(Rupees ten thousand only) to the complainant as compensation for the mental agony and hardship suffered.
4. The payment as aforestated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs.50,000/- shall carry an interest of 6% per annum from the date of this order till actual payment.
5. No order as to costs.

Pronounced in open Commission on this the 14^th day of July 2023.

Date of Filing: 21-03-2023.

                                       Sd/-                                              Sd/-                                             Sd/-

                                PRESIDENT                                MEMBER                                  MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 - Case history with dates.

Ext A2 - Screen shot of emails.

Ext A3 - Screen shot of Gpay transaction.

Ext A4 - Amazon website screen shot.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -  Lyla B.Das (Complainant).

Witnesses for the opposite party 

Nil.

                                      Sd/-                                              Sd/-                                             Sd/-

                                PRESIDENT                                MEMBER                                  MEMBER

                                                    True copy,

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                                                   Assistant Registrar.