DISTRICT FORUM :: KADAPA
PRESENT: SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT
SMT. B. DURGA KUMARI, B.A.B.L., MEMBER.
SRI S. ABDUL KHADER BASHA, B.Sc., MEMBER
Wednesday, 18th June 2008
CONSUMER COMPLAINT No. 44 / 2008.
Dr. & Vidwansiva Sri, E. Sivaramareddy,
73 years, M.A., B.Ed., B.L. D.Litt., Advocate,
9-268, Nabikota, R.V. Nagar Post, Kadapa. ….. Complainant.
Vs.
D. Raghavendra, B.A. (Proprietor),
Raghu Gramines Printers, 13/451-A, Munirao Street,
Kadapa, Head Post Office, kadapa 516 001. …….. Respondent.
This complaint coming on this day for final hearing on 17-6-2008 in the presence of complainant as in person and Smt. K. Sireesha, Advocate for respondent and upon perusing the material papers on record, the Forum made the following:-
O R D E R
(Per Smt. B. Durga Kumari, Member),
1. Complaint filed under section 12 of the Consumer Protection Act 1986 seeking directions to the respondent to pay Rs. 5000/- which was paid by the complainant to the respondent towards printing and binding charges, to pay Rs. 5,000/- towards loss sustained by him due to negligent act by the respondent and to pay Rs. 500/- towards mental agony.
wrote a book by name VAYUDUTHAM poetical classic and got order for financial assistance of Rs. 5,000/- from Pottisriramulu Telugu University with a condition that after receiving 20 copies by the said University on or before 28-2-2008. After receiving the books and verifying them the Registrar, Pottisriramulu Telugu University will released cheque for Rs. 5,000/-. The complainant approached the respondent who gave a quotation for printing and binding charges for 500 copes of the above said book. The respondent sent a courier to the said University on 27-2-2008. The books were not in good condition and without binding after seeing the books the Registrar, refused to release the cheque for Rs. 5,000/-. The complainant alleged deficiency of service on the part of the respondent as he failed to supply the books within time in good condition. Hence, this complaint.
The respondent filed a counter denying all the allegations made by the complainant. It is true that the complainant approached the respondent on 18-10-2007 and requested for printing and binding of 500 copies of Vayudhutham and the respondent gave a quotation for 500 copes @ Rs. 11,270/-. The total costs include the cost of paper, DTP charges printing and binding. The complainant gave Rs. 1100/- towards advance and the respondent gave receipt for cost of 50 books as Rs. 6,560/-. After deducting the advance the complainant has to pay Rs. 5,460/- to the respondent and the complainant did not paid the said amount till to day. The Respondent supplied proof to the complainant to correct the errors and after his correction they printed the books and supplied 50 copies by 20-10-2007. Even after receiving 50 copies the complainant refused to pay the balance amount and he said that he will arrange the amount in 1 or 2 days. After that there is no response from the complainant. After receiving summons from the Hon’ble Forum the respondent approached the complainant. But he refused to pay any amount. The respondent further alleged that the complainants attitude is not proper he used to threat the owners of the printing press and never used to pay the balance amount to the printers. He is in the habit of blaming the printers. In the present case also he has failed to pay Rs. 5,460/- to the respondent. But without paying the balance amount he has filed this case.
On behalf of the complainant Ex. A1 to A4 were marked and on behalf of the respondent Ex. B1 & B2 were marked.
On the basis of the above pleadings the following points are settled for determination.
i. Whether the complainant is entitled to receive any amount from the respondent?
ii. Whether there is any deficiency of service on the part of the respondent?
iii. To what relief?
6. Point Nos. 1 & 2 The complainant wrote a book by name VAYUDUTHAM poetical classic and got an order for financial assistance of Rs. 5,000/- from Pottisriramulu Telugu University. The complainant argued that the respondent send the 20 copies parcel to the Registrar, Pottisriramulu Telugu University on 27-2-2008 in a substandard printing and binding with 100 errors. After receiving the books the registrar refused to release the financial assistance as the books are not in good condition and without any binding. The complainant stated that he has given Rs. 5,000/- towards charges of printing and binding to the respondent. He has simple filed a white paper receipt but not in a letter head. Ex. A1 is the Xerox copy of letter dt. 3-9-2007 from Pottisriramulu Telugu University, Rs. 5,000/- towards printing and binding of the said books. Ex. A2 is the list of errors found in the said book. Ex. A3 is the Xerox copy of repudiation letter from Pottisriramulu Telugu University to the complainant. In Ex. A3 the registrar, Pottisriramulu Telugu University has refused to sanction Rs. 5,000/- as the books which was sent by the printer are not in a proper manner. The books were not blinded and all pages in the book were just with a pin and the books are very substandard without any binding. So they refused the send the cheque to the complainant. Ex. A4 is the carbon copy of quotation from Barathi Graphic and Printers dt. 10-11-2007.
7. The respondent in their counter stated that the complainant gave Rs. 1,100/- towards advance for printing and binding of VAYUDUTHAM poetical classic. The respondent issued a receipt with printing and binding charges for Rs. 6,560/- and the complainant gave an advance of Rs. 1100/- only and he has to pay balance amount of Rs. 5,460/- towards printing of 50 books printing and DTP charges are same and only the paper costs would change for 500 books. Instead of paying the balance amount to the respondent he has filed a complaint just to harass the respondent as he has in habit of doing such things and all other printers are also expressed the same. Ex. B1 is the receipt issued by the respondent to the complainant and Ex. B2 is the quotation for 500 books. It is true that the complainant got financial sanctioning order from Pottisriramulu Telugu University for printing and binding of his book by name VAYUDUTHAM poetical classic. The University agreed to sanction Rs. 5,000/- to the complainant with a condition that after receiving 20 copies of printed books along with advance stamp receipt on or before 28-2-2008 the amount of Rs. 5,000/- will be released. Accordingly the complainant approached the respondent and paid Rs. 1,100/- as advance towards printing and binding of 50 copies of the said book. The respondent sent parcel to the Pottisriramulu Telugu University on 27-2-2008 and after receiving the said parcel and after verifying the books the Registrar refused to send the cheque as the books which was sent by the printer were not in good condition and the books are without binding and all the pages were just with a pin and the book is in substandard manner. Hence, they refused to send the cheque to the complainant. The respondent is negligent and deficiency of service in printing and binding the books in a proper manner, as required by Pottisriramulu Telugu University. The respondent having received advance from the complainant failed to supply the order and sending books to the University in a proper manner. The negligent act of the respondent caused financial loss to the complainant. Ex. A3 is the proof for the said Act. The complainant filed one white paper receipt stating that the respondent received Rs. 5,000/- from the complainant towards charges for printing and binding of the books. The document which was filed by the complainant is fake document. The complainant is directed not to file such documents in any case in future. The complainant is warned for its act. It is true that he has not paid full amount to the respondent except advance of Rs. 1,100/- without paying balance amount to the respondent the complainant filed this complaint. But there is negligence on the part of the respondent in printing and binding the said book which caused the financial loss to the respondent. Hence, he is liable to pay Rs. 1,100/- to the complainant which was paid towards advance, other than that the complainant is not entitled to receive any amount from the respondent.
8. Point No. 3. In the result, the complaint is allowed directing the respondent to pay Rs. 1,100/- (Rupees one thousand one hundred only) to the complainant which was paid towards advance. The respondent is directed to comply the order of the Hon’ble Forum within one month from the date of receipt of the order. Rest of the claim is dismissed.
Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 18th June 2008
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant : NIL For Respondents : NIL
Exhibits marked for complainant:-
Ex. A1 X/c of letter dt. 3-9-2007 from Pottisriramulu Telugu University.
Ex. A2 List of errors found in VAYUDUTHAM book.
Ex. A3 X/c of repudiation letter from Pottisriramulu Telugu University to the
complainant.
Ex. A4 Carbon copy of quotation from Barathi Graphic and Printers
dt. 10-11-2007.
Exhibits marked for Respodnent.
Ex. B1 Cash bill receipt issued by the respondent to the complainant,
dt. 18-10-2007. .
Ex. B2 Quotation for 500 books from Raghu Graphics & Printers,
dt. 18-10-2007.
MEMBER MEMBER PRESIDENT
Copy to :-
1) Dr. & Vidwansiva Sri, E. Sivaramareddy,
73 years, M.A., B.Ed., B.L. D.Litt., Advocate,
9-268, Nabikota, R.V. Nagar Post, Kadapa.
2) Smt. K. Sireesha, Advocate, Kadapa.
1) Copy was made ready on :
2) Copy was dispatched on :
3) Copy of delivered to parties :
B.V.P. - - - -
