Complainant by filing this complaint has submitted that on 14.12.2012 he went to the op for publishing a book named Viswa Sristi O Manab Itihaser Swarup for printing and publication and ops agreed to publish and print 1,000 copies of the said book at a final cost of Rs.16,000/- and accordingly complainant paid Rs.1,000/- on 14.12.2012 and also paid Rs.6,000/- and it was agreed to deliver the same within one month from the date of 14.12.2012.

          But ultimately op delivered the said books after lapse of 3 months when the books were found wet and thereafter some of the books were taken from one or two packets when it was found that some are torn, tattered and wet and also binding is found loose.  But entire total amount of Rs.16,000/- was paid by installment and ultimately on 15.03.2013.  But after finding the said position of the books it was impossible for the complainant to sell it.  So, complainant went to the op who abused him and drove him away.  Thereafter complainant sent a registered letter asking the op to settle the matter and to supply perfect books but they did not answer and ultimately finding no other alternative he prayed for redressal either to pay compensation or to deliver useful and fit new books.

          Against that op by filing written statement has submitted that it is admitted position that he received Rs.16,000/- for 1000 copies of book as required by him for printing and publishing.  But there was no oral contract to deliver the same within one month or within specific time as stated by the complainant. 

          It is further submitted that at the time of placing order of printing and binding 1000 copies of book, complainant gave Rs.16,000/- but it was agreed some amount would be paid when the format will be ready and final payment at the time of supply but complainant failed to pay as per delivery under taking and for which format was not ready and in the meantime complainant complained to the Samity and after discussion Samity undertook the responsibility and after that op getting assurances from the Samity prepared the copies of the book and duly supplied to the complainant.

          Practically complainant raised an objection of some defects in respect of the books such as wet condition, torn, not properly stitched etc. but same are completely false and fabricated and only to damage the goodwill of the op complainant has taken such plea.  But fact remains that complainant took delivery of all the books after verifying the conditions of the copies of the book and first party never demanded CD and complainant did not trust, so it is lying with the op which will be handed over to the District Forum after reply of the complainant.

          It is also submitted that op never abused, never used any slang languages, never drove him away and all the allegations are false and practically only to defame the ops business status and dignity the  defamatory statement is made in the complaint and has prayed for dismissal of this case.

                                               Decision with reasons

          After hearing both the parties personally before this Forum and also considering the complaint and the written version including the physic of books named and style Viswa Sristi O Manab Itihaser Swarup (Bed) written by Panditacharyay Kalishankar Chakravorty (Bramhabid) which were produced by the complainant and were handed over to this open Forum and op also handed over it and observing it minutely said the books are found damage and pages are found below quality and same are torn and outer cover of the book are found loose and at the same time the condition of the book is not fit for sale and at this stage op was asked whether the quality of the pages of the book are up to the mark and in reply he submitted no doubt it is low quality paper because complainant intended to order it at a low cost i.e. Rs.16,000/- and there are two forma (64 pages) and if good quality of paper was required by the complainant in that case the cost amount would be more than Rs.16,000/-.  So, as per capacity of the complainant papers were supplied and then it was printed, it was corrected by the complainant and at that time complainant observed the quality but did not raise any objection and then the books were made bound and same are supplied.  But it is admitted by the op that complainant raised objection by showing some books out of 980 and above.  But probably complainant did not properly handle after delivery of the same.  But some of the books are found damaged.

          In this regard at this stage op produced some copies of that books which are kept in the custody of the op and after considering those books we have gathered stitching is very worst and pages are of very worst qualities and pages are found not dry but wet because after placing question to the op personally by the Forum op expressed that those papers were purchased from the shops who are selling low quality pages at low rate.

          Practically after considering the particular book and some copies one after another it is found that he practically binding of books are worst in nature.  At the same time pages are very worst in quality and the pages are not fit for the books.  But such a page is generally used for Time Tables sold by the hawkers and another factor is that the persons who are engaged for binding purpose had no knowledge to bind and for which pages are found loose and binding, stitching are not up to the mark and till now it is found that pages are wet in nature and considering that fact it is proved that nowadays two forma of book if it is printed and published with proper process a book containing of 64 pages costs at least Rs.32/- per book and it is a general charge in respect of all charges for printing a book by any publisher that is a minimum.  But in this case the present complainant claiming as a Brambhabid (that means he claimed as a super soul) is well aware of the fact that he went to print 1000 copies of said books written by him at a cost of Rs.16,000/-.  So, invariably he was aware of the fact what would be the quality of the pages and what would be the quality of printing and no doubt op is found also as known publisher who published such sort of low cost books in the market and invariably he gave him heavy relaxation in respect of printing cost and printed of 1,000 copies of books with two forma (64 pages) at a cost of Rs.16,000/-.

          Considering that fact we have gathered that quality depends upon the price paid by the person who wants to publish or print such books in the market and there are several quality of papers if he wants good quality papers for use for printing and publishing invariably cost shall be high and if newspapers type pages are used cost shall be low and in this case newspapers sheets or papers were used.  So, cost was within Rs.16,000/- for printing, publishing and binding 1000 copies of book for the complainant.  So, considering all the above aspects we have gathered that in the receipt there is no such contract what type of quality of paper to be supplied for printing, what will be the cost of binding and stitching of the said books etc.  But complainant paid Rs.16,000/- by installment and truth is that complainant did not pay the amount at a time and similarly op delivered the same no doubt on 25.02.2013 i.e. 980 copies of books but at the time of delivery or receive of the same by the complainant he did not check any book.  It is quite impossible but complainant’s case is that when he reached at house and opened the packets and in each packet there were 20 books and allegation is that he observed the defects after opening the same.

          Anyhow whatever it may be that fact remains papers are wet in condition with loose binding, stitching and torn, so many pages are found loose and in fact it was not properly dried at the time of binding or at the time for some reasons or otherwise it became wet and now the position is that the books must be repaired but fact remains that complainant has failed to sell out the same for certain defects and defects are apparent and op no doubt submitted that as because papers were not of good quality.  So, such a paper are often found wet but there was no scope to supply any high quality papers because cost was very low and in the above situation we find that chance is not here to penalize the op hundred percent.  But some of the bindings of the books are found not up to the mark but regarding pages due to its quality we cannot say anything because cost of printing was very low and considering supply of 980 books having per book consist of 64 pages.

          But unfortunate matter is that what we have gathered that in some cases even the cover pages are stitched and in alternative position that means not caring to the front page but it is completely upside down.  Then it is clear that binding, stitching was very poor and no doubt at the time of binding and stitching it was not compressed because it is mandatory before stitching and binding all the forma pages would be placed, thereafter to be sized by cutting after that it was compressed by heat roller so that wet may be dried, that was not done.  Practically in casual manner and by un-skilled hands binding of those books were done for which several defects are detected.  But at this stage we find that except binding defective and placing of front cover of the books are no doubt unfit for sale at this stage.

          So, in the above situation we are of opinion that op must have to pay some compensation except there are no other defects but another factor is that there was no contract in between the complainant and the op what type of papers shall be supplied for printing and what type of binding shall be made.  But fact remains that the op received Rs.16,000/- and it is the duty of the op that even though quality of the pages was low in nature but he must have to supply after proper binding and stitching and compressing and that is the duty on the part of the op and for which we are convinced to hold that there was some deficiency on the part of the present op the publisher and trader and when the total value of the cost of printing, binding, stitching was Rs.16,000/- then we feel that there is no necessity to impost any penalty but in view of that op shall have to pay a sum of Rs.7,000/- as compensation and litigation cost Rs.500/- to the complainant and for deficient manner of service and thus the complaint succeeds.

          Hence, it is

                                                        ORDERED

          That the complaint be and the same is allowed with cost of Rs.500/- against the ops.

          Ops are hereby directed to pay a sum of Rs.7,000/- to the complainant as compensation for not giving proper service and not for preparing the printed books and op shall have to pay the said amount i.e. Rs. 7,500/- within one month from the date of this order to the complainant and without any fail failing which for disobeyance of the Forum’s order and for adopting unfair trade practice ops shall be paid punitive damages of Rs.10,000/- and which shall be paid by the ops before this Forum.

          Ops shall have to comply the order very strictly failing which penal proceeding shall be started against him and further penalty of Rs.10,000/- shall be imposed as per provision of section 27 of C.P. Act 1986.