Jharkhand

Bokaro

CC/110/2022

Amredra Kumar - Complainant(s)

Versus

Paras Yadav National Book Centre - Opp.Party(s)

11 Apr 2023

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-02-07-2022

Date of final hearing-11-04-2023

 Date of Order-11-04-2023

Case No. 110/2022

Amrendra Kumar S/o Sri Mahadeo Sharma

 R/o 241, Yaduvansh Nagar, Chas, Bokaro, Jharkhand

Vs.

Paras Yadav Book Seller National Book Centre,

 Ram Nagar Colony, Near Muskan Hospital, Chas,

P.O. and P.S.- Chas, District- Bokaro Jharkhand, Pin 827013

 Present:-

                             Shri Jai Prakash Narayan Pandey, President

Shri Bhawani Prasad Lal Das, Sr. Member

                  Smt. Baby Kumari, Member

PER- J.P.N Pandey, President

-:Order:-

1. Complainant’s case in short is that he purchased books from O.P. for Rs. 3795/- on 18.04.2022 and 30.04.2022 respectively for which only hand written receipt was given and O.P. realized the maximum printed price of the books. However he has not supplied the Hindi Grammar book for which O.P. realized Rs. 355/- later on said book was supplied and its printed price was Rs. 220/-only. It is further case that O.P. received Rs. 135/- excess from the printed price and has not returned it, hence legal notice was issued having no impact. Thereafter, this case has been filed with prayer to direct the O.P. to pay Rs. 135/- (excess price), Rs. 10,000/- for various type of harassment, Rs. 30,000/- for violation of his legal right, Rs. 1000/- the cost of legal notice and Rs. 10,000/- as litigation cost.
2. Inspite of due service of notice O.P. appeared before the Commission but he has not filed W.S. Vide order dt. 28.09.2022 case is being proceeded ex-parte against the O.P.
3. Complainant has examined himself as witness and proved the contents of the complaint petition.
4. On perusal of annexure-A it appears that complainant has paid Rs. 1775/- and Rs. 2020/- to the O.P. for purchase of 10 books of U.K.G. and 9 books of class IV. Annexure-B series are the photo copy of the different books on which its price has already been printed through which it is being proved that the book related to Hindi Grammar was having price of Rs. 220/- only. At page 4 of the complaint petition, complainant has inserted a table related to name of the books and its price which is in accordance with annexure-B series and its total value comes to the tune of Rs. 1885/- but O.P. has realized Rs. 2020/-. In this way it is very much clear that O.P. has received Rs. 135/- excess from the printed price of the books for which complainant is entitled to get back from the O.P.
5.  In light of above discussion we are of the view that complainant is able to show that O.P. has received Rs. 135/- excess from the complainant for which he is entitled to realize from O.P. So far quantum of compensation and violation of legal right is concerned on this point there is no any specific or concrete evidence for calculation or assessment. However, the act of the O.P. is definitely not recognized by any society or person hence we are of the view that complainant is entitled to get compensation and litigation cost.
6. Accordingly prayer of the complainant is being allowed in the following manner:-

O.P. Paras Yadav Book Seller as mentioned above is directed to pay Rs. 135/- (the excess price of the book) to the complainant within 45 days from receipt or production of the copy of this order and also to pay Rs. 1500/- compensation and Rs. 1000/- as litigation cost within above mentioned period, failing which he will be liable to pay interest on Rs. 135/- @ 10% per annum from 02.07.2022 ( the date of filing of the case).

 

 

J.P.N. Pandey)

                                                                                      President

 

 

(B.P.L Das)

   Sr. Member

                                                                            

                  

                                                                               (Baby Kumari)

                                                                                       Member