Hon’ble Mrs. Rumpa Mandal, Member.
The brief facts of the case which led the Complainant to lodge the complaint before this Commission is that Complainant in an unemployed writer for his livelihood as well as for hobby of the Complainant, he writes poem. On 5th December, 2014 seeing the O.Ps advertisement in Telegraph News paper, Complainant contacted with the OP (The Editor, Power Publishers) and paid total money in instalment as per schedule. In the advertisement that is “written a book” Self publish it in 14 days package amounting to Rs.23,800/-. As per terms and conditions the OP would supply total corrected copy but OP supplied only complementary copy of poem book on 06.04.18. On several dates Complainant paid to the OP on 10.05.17, 26.05.17,20.11.17 and on 06.04.18 Complainant paid to OP respectively Rs.10,000/-, Rs.10,000/-,Rs.1800/-, Rs.1000/- and Rs.1000/- Complainant fully paid the instalment money but the Complainant found that there was 40 numbers of mistakes in the complementary copies of the printed book. Subsequently, Complainant sent so many letters for correction but after 3 months lapse OP sent corrected copy in the email. But Complainant saw so many mistakes and till now it is not corrected by the OP. But Complainant himself corrected the mistake. On 25.09.18, 18.02.18, 12.02.19 and 26.08.19 Complainant sent complaint for correction of poem book viz “BOONS” through registered post but till today OP intentionally did not send reply. Subsequently on 24.09.19 and 10.11.19 Complainant sent written complaint to Secretary Power Publisher and book seller through registered post. Then on 27.03.19 Complainant sent Lawyers notice but till today OP did not reply the same.
After long lapse of time OP sent final printing book through DTDC courier on 22.01.19 only 5 books instead of 10 books with 20 typical mistakes in poem and there is no mentioned in price list. Photo of writer is not printed. Publishing date, publisher email were also not mentioned as well as address and how many numbers of books is printed that is not mentioned. Complainant demanded corrected book with other 5 pieces books, for which the OP further demanded of Rs.5000/-. So he suffered financial loss for royalty as well as reputation of the Complainant. Thus the Act of the O.Ps regarding the said repudiation tantamounts to deficiency in service against which the Complainant sustained financial loss. The Complainant therefore, prayed for an award of Rs.23,800/- with up to date interest or to handover corrected 10 sets of books and amount of Rs.18,000/- for travelling charges of Cooch Behar to Kolkata 6 times and Rs. 2 Lakhs of mental agony and deficiency in service and for litigation cost of Rs.20,000/-.
The OP did not appear in this case and did not prefer to contest the case for which this Commission by its order No.7 dated 16.02.2022 and order NO.8 dated 16.03.2022 decided to hear the case ex-parte against the OP.
The Complainant in order to establish the claim adduced evidence by filing evidence on affidavit and documents before the Commission.
Perused the pleadings of the Complainant and the documents in the case record. Heard the argument advanced by Ld. Advocate for the Complainant. The statements made in the evidence on affidavit are absolutely in consonance with the averments made in the complaint petition.
The OP did not controvert the specific allegation of the Complainant in his complaint, since the OP decided not to contest the case and did not file any written version.
After completion of the argument of complaint OP sent one letter and one document describing the terms of service for printing and distribution of a book to this Commission through courier service. But it is not accepted because the case has been decided to be heard ex-parte. The OP did not file any written version and the order of ex-parte proceeding was not vacated till today. So these documents cannot be entertained during passing the Final Order.
The DLSA, Cooch Behar appointed a Lawyer for conducting the case.
Annexure-A is the advertisement of power publishers in Telegraph paper on 5th December, 2014 wherein OP published one advertisement i.e. “written a book” Self published book in 14 days. Complainant saw the advertisement of power publishers and paid money to the OP in different dates of total of Rs.23,800/- being Annexure- B, B-1, B-2, B-3 & B-4. Thereafter, OP supplied only complementary copy of poem book on 06.04.18 Annexure-C but there are 40 numbers of mistakes in complementary book.
The aforesaid advertisement and receipt of bill could not be controverted and its averment stands unchallenged. Accordingly, it stands well proved that the OP received the instalments of different dates amounting to Rs.23,800/-.
The allegation of the Complainant that the OP neglected and supplied the incorrect complementary copy of poem book, in spite of repeated requests by the Complainant stands well proved in as much as the OP did not contest the case or cross-examined against the evidence on affidavit. Annexure- C, C-1, C-2, & C-3 is that on 25.09.18, 18.02.18, 12.02.19 and 26.08.19 Complainant sent complaint for correction of poem book viz “BOONS” through registered post. Subsequently the Complainant sent written complaint to Secretary Publisher Book Seller on 24.09.19 and 10.11.19 through registered post being the Annexure- C2 & C5. The Complainant also proved the written complaint sent by the Complainant since the OP did not send any reply against the said written complaint.
The Complainant also proved the legal notice sent by the Complainant through his Lawyer on 27.03.19 but the OP did not send any reply against the said notice.
After perusing the documents adduced in evidence by the Complainant it transpires that Annexure-E is the last document through which the OP sent final printing book through DTDC courier on 22.01.19 only five books instead of 10 books. There are 20 typographical mistakes in poem and there is no price list and writer’s photo is also not printed and publishing date. It is also found that publisher email as well as address and how many numbers of books is printed are also not mentioned.
The entire oral and documentary evidence of the Complainant could not disprove since the case is heard ex-parte.
In the light of the aforesaid discussion and observation made in the foregoing paragraphs a reasonable inference is drawn that the Complainant successfully proved the case as consumer against the OP. It stands also duly proved that the misdeeds on the part of the OP should be considered as deficiency in service which caused mental pain and agony to the Complainant.
Accordingly, the case of the Complainant succeeds ex-parte against the OP.
Hence, it is
Ordered
That the complaint case be and the same is allowed ex-parte without any cost.
The Complainant do get an award of a direction for handing over corrected 10 sets of books by the OP in his favour. The OP is directed to pay a sum of Rs.23,800/- which the Complainant has already paid in favour of the OP and the OP is also directed to pay a sum of Rs. 18,000/- for travelling charges from Cooch Behar to Kolkata in 6 times. The OP is further directed to pay a sum of Rs.50,000/- of mental pain and agony and deficiency in service and Rs.10,000/- for cost of proceedings total= Rs.1,01800/- (One Lakh one thousand eight hundred) within 30 days from the date of passing the Final Order to the Complainant failing which the OP shall pay an interest of 6% per annum on the awarded sum. The Op is further directed to handover corrected 10 sets of books within one month from the date of passing the order in favour of the Complainant i/d the Complainant shall be entitled to execute the award as per provisions of Law.
Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.
The copy of the Final Order is also available in the official website: www.confonet.nic.in.
