Sri.K.Gopalan,President<br /> <br /> This is a complaint filed under section 12of the consumer protection Act for getting an order directing the opposite party to pay an amount of Rs.21, 898/- as compensation.<br /> As per the averments in the complaint the complainant received a booklet sent by Travancore Publications. This booklet offered a book “Knowledge Adventure” No risk money back guarantee’. This was offered the refund of entire amount of price if not satisfied, within 3 months with the book as per the information given in the booklet. The complainant purchased the book “Knowledge Adventure” in accordance with the no risk money guarantee, believing the information given in the booklet to be true. The book received by VPP on payment of Rs.398/-.From among the address of free books and magazines given in the book complainant sent an Email to be a free subscriber of “Deutschland” magazine, But complainant received only failure notice, since the E-mail ID given in the book was not correct. Because of this reason the book was returned explaining the reason on 4.4.05. But the opposite party instead of refunding the amount sent a letter asking the complainant to detail the reason for the returning the book. Complainant sent a reply detailing the incorrect information given in the book. Even after the letter opposite party did not care to refund the amount except sending a reply stating that there is nothing wrong in the E-mail ID. Though complainant sent E-mail in the same E-mail ID again after the opposite party’s reply there was no use. Thereafter complainant demanded to refund again. But the opposite party sent the Web address of the magazine which was not written in the book. The opposite party cheated the complainant. The false offer given and the incorrect information found in the book which caused trouble and mental agony to the complainant. Hence this complaint.<br /> <br /> Notice was sent to opposite party Opposite party did not appear before the Forum but sent the version by post. The opposite party denied the allegation of complainant. Opposite party contended that the allegations of complainant are concocted and baseless. The further contentions of opposite party are thus, complainant did not purchase book from Travancore Publications by paying money. He neither paid any amount for any sort of service. Hence the complainant is not a consumer and the complaint is not maintainable. The opposite party further contended that as per the terms of the money back guarantee money will be refunded within 3 months in case any offer happened to be not fulfilled or he found any wrong information in the book. Opposite party further stated that online order form to subscribe for free Plain Truth Magazine will be available in www.pln.org. So also order form to subscribe for free Deutschland Magazine is available in www.Magazine-deutschland.de. Hence the opposite party prays to dismiss the complaint, since the allegation of the complainant is baseless.<br /> <br /> On the above pleadings the following issues were framed for consideration:-<br /> 1. Whether the complainant is a consumer and the complaint is maintainable?<br /> 2. Whether there is any deficiency in service on the part of the opposite party?<br /> 3. Whether the complainant is entitled for the remedy as prayed in the complaint?<br /> 4. Reliefs and costs.<br /> <br /> The oral testimony of the complainant as PW1 and documents Exts.A1 to A8 marked on the side of the complainant.<br /> <br /> Issue No.1:-<br /> Complainant purchased the book ‘Knowledge Adventure’ of Travancore publication on the basis of ‘no risk money back guarantee’ by VPP. Ext.A1 booklet was sent by the opposite party to complainant for the purpose of canvassing the purchase. Complainant was asked to send the coupon. Ext.A1 will reveal that the bottom ½ page of the last page 15 of booklet was the printed coupon for the purchase to cut and sent. Since book was sent by VPP there is no doubt regarding the payment. Ext.A3 is the letter sent by the opposite party to complainant. The 1st Para of the letter is a clear admission of 3 points.<br /> (i) The catalogue of the book ‘Knowledge adventure’ was sent to complainant by opposite party.<br /> (ii) As per catalogue complainant ordered for the book and the same was sent by the opposite party to complainant.<br /> (iii) Opposite party received the book back with a demand to refund Rs.398/- the price of the book.<br /> <br /> It is also should be taken into account that articles are sent by VPP to make assure the payment. The above facts undoubtedly prove that the complainant purchased the book “Adventure Knowledge” by paying an amount of Rs.398/- as consideration. Any person who buys any goods for a consideration is a consumer under section 2(1) (d) of the consumer protection Act. Thus the complainant is a consumer and the complaint is maintainable. This issue is answered in favour of the complainant.<br /> <br /> Issue No.2 to 4:-<br /> As per the terms detailed in the booklet Ext.A1 the entire price will be returned back to those who purchase the book under ‘no risk money back guarantee’. The complainant sent the book back due to the dissatisfaction with the information given in the book. Complainant has his own reason to send the book back and Ext.A7 is an explanation note sent to opposite party.Ext.A7 details that the complainant sent E-Mail to be a free subscriber of ‘Deutschland Magazine’, as per the information given in the book. But mail was returned with information ‘cannot be delivered’. So also when he wanted for ‘Plain Truth Magazine, they informed that they have stopped the free subscription. Ext.A3 letter and Ext.A1 booklet specifically pointed out that the money will be returned if any offer given in the booklet. Ext.A1 is not performed or else any information in the book if found wrong. Here the attempts of complainant to be free subscriber of two magazines could not be succeeded and there by proved the information given in the book was wrong. Ext.A3 reply letter for demanding the money back will show that the book was returned back by the complainant and received by the opposite party. But the amount was not refunded. If a consumer purchase anything under a scheme that article should satisfying the purpose for which the scheme intent to. Here the claim of the book ‘Knowledge Adventure’ totally failed as far as the complainant is concerned. This is a clear deficiency of service on the part of the opposite party and opposite party is liable to refund the amount paid with cost.<br /> Hence we are of the opinion that the opposite party is liable to refund a sum of Rs.398/- as the price of the book and a sum of Rs.250/- towards the cost of the proceedings. These issues are partly allowed in favour of the complainant and order passed accordingly.<br /> <br /> In the result, the complaint is allowed in part directing the opposite party to refund a sum of Rs.398/- as the price of the book ‘Knowledge Adventure” and a sum of Rs.250/- towards the cost of this proceedings to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order against the opposite party under the provisions of the consumer protection Act.<br /> <br /> Sd/- Sd/- Sd/- <br /> President Member Member<br /> <br /> APPENDIX<br /> Exhibits for the complainant<br /> A1.Booklet issued by OP<br /> A2.Receipt issued by Courier service<br /> A3.Letter issued by OP<br /> A4.Copy of the letter dt.23.4.05 sent to OP<br /> A5.Copy of the letter dt.165.05 sent to OP<br /> A6.Post card dt.24.5.05 sent by OP<br /> A7.Copy of the letter dt.23.6.05 sent to OP<br /> A8. Post card dt.9.7.05 sent by OP<br /> Exhibits for the opposite party: Nil<br /> Witness examined for the complainant<br /> PW1.Complainant<br /> Witness examined for opposite party: Nil<br /> <br /> /forwarded by order/<br /> <br /> Senior Superintendent<br /> <br /> Consumer Disputes Redressal Forum, Kannur<br />