Andhra Pradesh

Chittoor-II at triputi

CC/41/2015

Dr.Chennupalli Jaya Subba Reddy, S/o. Subba Reddy - Complainant(s)

Versus

Sree Lakshmi Graphics, By its Authorised Signatory, L.G.Srinivasa Rao. - Opp.Party(s)

G.Ramaiah Pillai

16 Jun 2016

ORDER

Filing Date: 01.10.2015

Order Date:16.06.2016

 

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II,

CHITTOOR AT TIRUPATI

 

 

      PRESENT: Sri.M.Ramakrishnaiah, President ,

        Smt. T.Anitha, Member

 

 

 

THURSDAY THE SIXTEENTH DAY OF JUNE, TWO THOUSAND AND SIXTEEN

 

 

 

C.C.No.41/2015

 

 

Between

 

Dr.Chennupalli Jaya Subba Reddy,

S/o. Subba Reddy,

Hindu, aged 38 years,

Assistant Professor,

Department of Mathematics,

S.V.University,

Tirupati,

Chittoor District,

Andhra Pradesh.

 

R/o: D.No.16-18, Munireddy Nagar,

Tirupati,

Chittoor District, A.P.                                                                      … Complainant

 

 

 

And

 

 

Sree Lakshmi Graphics,

By its Authorised Signatory,

L.G.Srinivasa Rao,

Opp. to Raj Yuvaraj Theatre,

D.No.26-17-5, Munnaluruvari Street,

Gandhi Nagar,

Vijayawada – 3.                                                                                …  Opposite parties.

 

 

 

 

            This complaint coming on before us for final hearing on 09.06.16 and upon perusing the complaint, written version and other relevant material papers on record and on hearing Sri.G.Ramaiah Pillai, counsel for complainant, and opposite party remained exparte, and having stood over till this day for consideration, this Forum makes the following:-

 

 

ORDER

DELIVERED BY SRI. M.RAMAKRISHNAIAH, PRESIDENT

ON BEHALF OF THE BENCH

           

            This complaint is filed under Sections - 12 and 14 of C.P.Act 1986, by the complainant for the following reliefs 1) to direct the opposite party to refund the extra amount of Rs.41,400/-, which was paid by the complainant under compelling circumstances, in addition to the contract amount of Rs.52,000/-, 2) to direct the opposite party to pay Rs.25,000/- towards compensation for causing mental agony and for unfair trade practice, and 3) to direct the opposite party to pay Rs.2,000/- towards legal expenses.

            2.  The brief averments of the complaint are:-  that the complainant being the Convener of the International Conference on Mathematical Sciences – 2015, scheduled to be organized by the Department of Mathematics, S.V.University, Tirupati, from 13.07.2015 to 15.07.2015. The object of the Conference (ICMS-2015) is to bring together leading academic scientists, researchers, scholars to exchange and share their experiences and research result of Mathematical Sciences and to present and discuss the most recent innovations, trends and concerns and practical challenges encountered and the solutions adopted in the field of Mathematical Sciences. In the Conference, the complainant being the Convener has to circulate / distribute the printed International Journal of Scientific and Innovative Mathematical Research among the delegates and invitees.

            3.  In this connection, the complainant contacted the opposite party and entrusted the printing work, and to deliver the journals on or before 12.07.2015 i.e. one day prior to the Conference. The opposite party agreed to print the journals 215 copies in quantity @ Rs.241/- per each copy. The total amount agreed to be paid is Rs.52,000/-. The complainant paid Rs.15,000/- as advance and the remaining amount of Rs.37,000/- is to be paid on the date of delivery. The balance amount of Rs.37,000/- also paid on 09.07.2015 by remitting two challans for Rs.20,000/- each, through his bank account from S.B.I., S.V.University, Tirupati, for prompt supply of journals. On 12.07.2015, during late hours, the opposite party contacted the complainant through phone and informed that the printed books could be supplied on further payment of Rs.41,400/-. As the conference is ahead on 13.07.2015, the complainant undertook to pay Rs.41,400/- extra amount, but he did not receive the material even by 14.07.2015. So, the complainant remitted the demanded amount of Rs.41,400/- through S.B.I., S.V.University branch, Tirupati, to the account of opposite party on 14.07.2015. The complainant received the parcel from ‘Sindhu Cargo Carriers’ by paying the freight charges of Rs.640/-. As 15.07.2015 happens to be the last day of conference, most of the delegates left the venue without taking journals. Thus, the opposite party caused mental tension and hardship, and collected Rs.41,400/- extra than the amount agreed, taking advantage of the urgency of the complainant. Hence the complaint.

            4.  The opposite party made his appearance through advocates Sri.M.N.Mani and Sri.Kumar Raja on 27.10.2015, but did not choose to file his written version. On 14.12.2015 Sri.P.Balaji, filed Memo offering vakalat for opposite party, since the advocates on record reported no instructions. Even after that no written version is filed. Thus the opposite party remained exparte.

            5.  The complainant filed his chief affidavit and written arguments and got marked Exs.A1 to A9. Heard the counsel for complainant.

            6.  Now the point for consideration is whether there is deficiency in service on the part of the opposite party?

            7. Point:-  on perusal of the complaint, it is observed that there is an agreement between the complainant and opposite party, to print 215 copies of journals @ Rs.241/- per each copy and finally agreed to deliver copies of 215 journals to the complainant for Rs.52,000/- on or before 12.07.2015, so as to enable the complainant to distribute those copies among the dignitaries / invitees to the International Conference on Mathematical Sciences – 2015, so that the said conference will be convened peacefully from 13.07.2015 to 15.07.2015, but the opposite party not only failed to deliver the said 215 copies of International Journal of Scientific and Innovative Mathematical Research, but also collected another sum of Rs.41,400/- in addition to the agreed amount of Rs.52,000/-. Inspite of it, the opposite party failed to deliver those copies even on the agreed date of 12.07.2015 or on 13^th or 14^th of the scheduled dates. Finally those copies were delivered on collecting additional amount of Rs.41,400/-, on the last date of the Conference i.e. on 15.07.2015.

            8.  It is pertinent to mention that while the case is coming for oral arguments, the opposite party on 02.02.2016 filed I.A.No.05/2016 for re-opening the case and I.A.No.06/2016 to set aside the exparte orders passed against him on 30.12.2015. Both the I.A’s are disposed on 16.04.2016, allowing I.A.No.05/2016 and dismissing the I.A.No.06/2016, for not furnishing sufficient, cogent or genuine reasons for the absence of opposite party from 27.10.2015 to 02.02.2016 or up to 30.12.2015 on which date the opposite party was set exparte.

            9.  While advancing the arguments in I.A.No.05/2016 and I.A.No.06/2016, when this Forum asked the learned counsel for the petitioner / opposite party, to explain the genuine reasons for considering the application in I.A.No.06/2016, the counsel for petitioner stated that “petition may be dismissed if the Forum is not satisfied with the contents in the petition”. Since the contents set-out in I.A.No.06/2016 were not satisfactory and not appears to be cogent and genuine or reasonable, the said petition was dismissed. There upon the arguments of the learned counsel for the complainant were heard in the main case. According to the complainant, till date no appeal was preferred against the orders in I.A.No.06/2016.

            10.  It is necessary to mention the word deficiency. According to Section-2(1)(d) of C.P.Act 1986, the word deficiency is defined as follows:-

“deficiency means any fault, imperfection, short coming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service”.

                    

            In this case, the complainant being the Assistant Professor, Department of Mathematics, S.V.University, and Convener of the International Conference on Mathematical Sciences – 2015, paid an amount of Rs.52,000/-, for prompt delivery of copies of the journals, but taking advantage of the urgency of the complainant, the opposite party demanded additional amount of Rs.41,400/-, only after the said amount was paid on 15.07.2015, the journals were delivered to the complainant, though the opposite party agreed to deliver the journals 215 copies in quantity on or before 12.07.2015. Thus, the opposite party failed to render his services as promised. Though he received the entire agreed amount of Rs.52,000/- by 09.07.2015 and also demanded additional amount of Rs.41,400/-. Inspite of payment of full consideration of Rs.52,000/- even before the agreed date, the opposite party failed to discharge his duty and caused lot of mental agony to the complainant in the presence of delegates from state-wide, who attended the International Conference on Mathematical Sciences – 2015 on 13^th, 14^th and 15^th of July 2015. Though delivery was effected on 15.07.2015, i.e. the last date of Conference, most of the delegates left the conference place without receiving the copies of journals. Thus, the facts set-out in the complaint are established by the complainant, which shows that there is deficiency in service on the part of the opposite party. By collecting additional amount of Rs.41,400/- from the complainant more than the agreed amount of Rs.52,000/-, the opposite party created much tension to the complainant as mentioned in the complaint. Thus, the opposite party is found guilty of deficiency in service, for which he is liable to pay compensation.

            11. In the result, the complaint is allowed in part directing the opposite party to refund Rs.41,400/- (Rupees forty one thousand four hundred only), which was collected in addition to the agreed amount of Rs.52,000/-, and the opposite party is directed to pay Rs.10,000/- (Rupees ten thousand only) towards compensation for causing mental agony to the complainant and for deficiency in service on the part of the opposite party. The opposite party is also further directed to pay Rs.2,000/- (Rupees two thousand only) towards costs of the litigation. The opposite party is further directed to comply with the orders within six (6) weeks from the date of receipt of copy of this order, failing which the amount of Rs.41,000/- and Rs.10,000/-, totaling a sum of Rs.51,400/- shall carry interest at 9% p.a. from the date of order, till realization.

              

 

Dictated to the stenographer, transcribed and typed by him, corrected and pronounced by me in the Open Forum this the 16^th day of June, 2016.

 

        Sd/-                                                                                                                     Sd/-

Lady Member                                                                                                      President

 

APPENDIX OF EVIDENCE

 

 

WITNESSES EXAMINED ON BEHALF OF COMPLAINANT.

 

PW-1: Dr. C. Jaya Subba Reddy (Chief Affidavit filed).

 

EXHIBITS MARKED ON BEHALF OF THE COMPLAINANT.

 

EXHIBITS (EX.A)	DESCRIPTION OF DOCUMENTS
	Photo Copy (Attested) of Proceedings of the Executive Council of Sri Venkateswara University appointing Sri Jaya Subba Reddy, as Assistant Professor in Department of Mathematics, S. V. University, Tirupati. Dt: 03.07.2007.
	Brochure regarding International Conference on Mathematical Sciences during July 13th  to 15th -2015 by Sri Venkateswara University, Tirupati.
	Estimate (Original) for printing 215 copies by the Opposite Party for Rs. 52,000/- and receiving advance of Rs.15,000/- and balance to be paid Rs.37,000/-. Dt: 26.06.2015.
	Two Bank challans each remitting at Rs.20,000/- to State Bank of India, S.V. University, Tirupati Branch to the Opposite Party Bank Account.  Dt: 09.07.2015.
	ATM Counter foil for Rs. 41,400/- issued by the State Bank of India, S.V.Nagar Branch, Tirupati towards the Opposite Party Bank Account. Dt: 14.07.2015.
	SINDHU CARGO CARRIERS Cash receipt / Delivery Slip (Original) for Rs. 640/-.  Dt: 15.07.2015.
	Office copy of Legal Notice to the Opposite Party.  Dt: 07.09.2015.
	Office copy of letter (Photo Copy) to the Post Master, Railway Mail Service, Tirupati. Dt: 28.09.2015.
	Reply from the Superintendent, Railway Mail Service, Tirupati regarding delivery of letter to the Opposite Party. Dt: 09.09.2015 as per Internet Tracking (Photo Copy). Dt: 29.09.2015.

 

 

                                                                                                                                                  Sd/-                                          

                                                                                                               President

            // TRUE COPY //

// BY ORDER //

 

Head Clerk/Sheristadar,

                Dist. Consumer Forum-II, Tirupati.

          

 Copies to:-    1.  The complainant.

                        2.  The opposite party.