CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.

Present

Smt. Bindhu M.Thomas, President(I/C)

Sri. K.N. Radhakrishnan, Member

                                            

CC No 161/12

                                                                          Monday the 30^th day of July, 2012

 

Petitioner                                              : Dr.Abraham Daniel

                                                               Principal,

                                                               Henry baker College,

                                                               Melukavumattam, Kottayam.

                                                           

 

                                                            Vs.

 

Opposite party                                     :   Director,

                                                               New Light Publishing Company,

                                                                Makayiram, Post Box No.6610,

                                                                Ambalathara, Thiruvananthapuram 695 026.

 

 

 

 

            The case of the complainant present on 30-3-12 is as follows.

            The complainant had given orders for subscribing 23 academic journals on

 27-3-2009 for Rs.29479/- as full payment for the invoice receipt for Rs.27425 dtd

 13-3-2009 and by DD for Rs.2054. On receiving the amount the opposite party had assured the complainant that they will sent the journals regularly as the full payment is made. After the payment of the subscription the opposite parties were not regular in sending the journals. Many times emails were sent and they replied that the fault is from the part of publishers and they assured to speed up the delivery of journals. Even after 2 years the opposite party did not sent most of the journals. As most of the journals subscribed for 2 years. The complainant sent a registered letter to the opposite party on 6-4-2011 asking them to return the balance amount of Rs.27332 with 12% interest and a compensation for loss and hardships. But the opposite party did not even reply or return the amount due to the complainant till this date. Hence this complaint.

            The notice was served with the opposite party. But they did not appear either in person or through their counsel even after accepting the notice from this forum. Hence opposite party set expartee

            The complainant was examined as PW1, and the documents produced by him were marked as Exts. A1 to A5.

            Heard complainant. The case of the complainant stands un-challenged by the opposite party. The case of the complainant is that even after accepting the payments from him, the opposite party has not sent the journals properly as they offered at the time of order for issuing journals. So we have no reasons to dis-believe the case of the complainant. We are of the opinion that the case of the complainant is to be allowed.

            In the result the complaint is allowed as follows. We direct the opposite party to refund Rs.27,296/- to the complainant with interest @ 10% per annum from the date of filing of this complaint(ie 30-3-12) till the date of payment and pay Rs.1500/- as costs of these proceedings. The order shall be complied with within a period of one month from the date of receipt of a copy of this order. If the order is not complied within one month the amount will carry interest @10% per annum from the date of order till realization.

           

Sri. K.N. Radhakrishnan, Member                    Sd/-

Smt. Bindhu M.Thomas, President(I/C) Sd/-

 

Appendix

Ext.A1-is the copy of receipt of Rs.27425/-

Ext.A2 is the copy of DD for Rs.2054/-

Ext.A3-is the copy of invoice dtd 27-3-09

Ext.A4-is the copy of letter

Ext.A5-is the copy of statement.

 

By Order,