BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSA FORUM
CACHAR :: SILCHAR
Con. Case No. 24 of 2014
Kanu Aich, ……………………………………………………………………… Complainant.
-V/S-
1) M/S Das Printers,
Chengcoorie Road, Ambicapatty, Silchar-1.
Represented by its Proprietor, Sri Babla Das, ………………………………. O.P. No.1
2) M/S Subir Printers,
Shyamananda Lane, Silchar-5.
Represented by its Proprietor, Sri Abani Biswas, ………………………… O.P. No.2
Present: - Sri Bishnu Debnath, President,
District Consumer Forum,
Cachar, Silchar.
Mrs. Chandana Purkayastha, Member,
District Consumer Forum,
Cachar, Silchar.
Shri Kamal Kumar Sarda, Member,
District Consumer Forum,
Cachar, Silchar.
Appeared :- Sri Biswadeep Chakraborty, Advocate for the complainant.
None is appeared of O.P sides.
Date of Evidence………………. 23-05-2015
Date of written argument……… 26-05-2015
Date judgment……………… 02-05-2017
JUDGMENT AND ORDER
(Sri Bishnu Debnath)
1. The complaint brought U/S 12 of the Consumer Protection Act 1986 against M/S Das Printers of Chengcoorie Road, Silchar and against M/S Subir Printers, Shyamananda Lane, Silchar for award of Rs.61,000 (sixty one thousand) only for loss of non-selling Books including compensation and cost of this proceeding.
2. Kanu Aich of Saradamoni Lane, College Road, Silchar being the complaint of this case is a columnist and working on language movement in Barak Valley. The complainant on 23-07-2014 asked the M/S Das printers represented by its Proprietor Sri Babla Das to print 1,000 (one thousand) copies of his Book containing 36 pages in each Book. Name and Title of the Book is ‘Baraker Panchadash Bhasha Sahid’. The Book was written by the complainant. Accordingly he handed over 18 (eighteen) number of master copies, 18 (eighteen) rim A4 size white papers and 1004 (one thousand & four) copies printed cover. As per instruction of the O.P No. 1 he paid Rs.1000 (one thousand) in advance amount of total cost of printing of Rs.1,720 on 01-08-2013. The balance amount of Rs.720 paid on 20-08-2013. But the O.P No.1 did not deliver the printed Books in time. Hence, the complainant requested several time and on inquiry learnt that the O.P No.1 arranged the O.P No.2 for printing, but did not deliver the printed Books.
3. Hence, finding no alternative, issued pleaders notice on 21-11-2013. But the O.P No.1 did not respond. The complainant made several correspondences through his engaged lawyer but in vain. The complaint received the A/D of pleaders notice dated 21-11-2013 on 18-12-2013. From that A/D it is appeared that the O.P No.1 received the pleaders notice. That is why, he has brought the instant complaint with reliefs as below:
(a)For an award of Rs.30,000 for deprivation and non-selling of copies against the sale of 1,000 copies of Book.
(b)For award of Rs.30,000 for loss, injury mental agony and loss of name, fame, good-will etc.
(c)For award of Rs.1,000 for expenses involving sending of letters, notices, conveyance.
(d)Cost of the proceeding.
(e)Further and other reliefs as the complainant may entitle.
4. On registering the complaint notice issued to the O.P No.1 and 2. But did not respond. That is why, notice issue through Daily News Paper of Prantajyoti, issue dated 18-01-2014. The O.P No.1 and 2 did not respond to the notice issued in the Daily News Paper. So, the Forum passed order on 22-01-2014 to proceed exparte against both the O.Ps. It is to be noted that in earlier occasion, notice issued to the O.P No. 1 and 2 by registered Post. The said notice returned with postal endorsement that addressee refused to receive the notice. So, at this stage it is accepted that notice served to the O.Ps vide order dated 01-07-2014 and order dated 02-08-2014.
5. Accordingly, the complaint deposed on oath to support this complaint and exhibited pleaders notice, vide Ext.1. The A/D of pleaders notice vide Ext.4 (ii)he is also exhibited other documents vide Ext. 2,3,4,5.5(i),6,6(i). After closing evidence he also submitted written argument.
6. Perused the evidence on record, written argument and complaint including all exhibited document. The complaint deposed that he asked the O.P No.1 to print his Book and accordingly paid the printing cost with 2 (Two) installment on 01-08-2013 and 24-08-2013 respectively. But no receipt of payment is submitted in this case. Nothing explained about the receipt of payment of printing cost to the O.P No.1. Anyhow, in this case the complainant stated on oath that he paid the printing cost and accordingly disclosed the date of payment of the cost. Said oral evidence is not challenged by the O.P No.1 or O.P No.2 . That is why, we have considered the fact stated by the complaint is reliable. So, it is concluded that the complainant paid printing cost of 1,000 copies of Book ‘Baraker Panchadash Bhasha Sahid’. The complaint further deposed that he did not receive the printed copies of his Book for which requested the O.P No.1 and also issued pleaders notice. Ext. 1 is the pleaders notice and Ext.4(ii) is A/D. As per the Ext.4(ii) it is concluded that the O.P NO.1 received the pleaders notice vide Ext.1. In the pleaders notice detailed fact is available. So we have believed the fact that the O.P No.1 in spite of receiving the pleaders notice did not deliver the printed copies of Book for reasons best known to him.
7. So the above modus operandi of the O.P No.1 is amounting to disservice to the complainant. So the O.P No.1 is liable to compensate the complainant. However, in this case we do not find any role of the O.P No.2 for disservice to the complainant because the complaint is not to be treated as consumer in relation with O.P No.2. Hence, O.P No.2 is not liable to compensate the complaint. Therefore, considering all aspect in the instant case the O.P No.1 is asked to pay compensation of Rs.3,000 for disservice and return the printing cost of Rs.1,720 along with 18 rim of A4 size paper. The cost of the cover page is included in the amount of compensation herein above since the complaint has not given any specific evidence in that aspect. The O.P No.1 is also asked to pay cost of the proceeding of Rs.1,000. Thus the O.P No.1 is liable to pay the total amount of Rs.5,720 (Rupees five thousand seven hundred twenty) only and return the 18 rims of A4 size papers within 45 days from today to the complainant. In default of payment awarded amount and papers within stipulated period, the O.P is also liable to pay interest on the awarded amount of Rs.5,720 at the rate of 10% per annum till realization of full amount with effect from 46th day from today.
8. Supply free certified copy of Judgment to the parties of this litigation. With the above order this case is disposed of on merit.
Given under hand and seal of the District Forum on this the 2nd day of May, 2017.
