BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD, THIRUVANANTHAPURAM. PRESENT SRI. G. SIVAPRASAD : PRESIDENT SMT. BEENAKUMARI. A : MEMBER SMT. S.K.SREELA : MEMBER O.P. No. 309/2003 Filed on 11.08.2003 Dated : 15.12.2008 Complainant:
D. Prasad Chandran, Thengumpana Veedu, Thengumcode, Kodithookkiyakunnu P.O, Kallara, Thiruvananthapuram.
Opposite party:
Manager, Don-Bosco Publishing Centre, Vattiyoorkavu P.O, Thiruvananthapuram.
This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 17.01.2005, the order was not prepared accordingly. This Forum assumed office on 08.02.2008 and re-heard the complaint. This O.P having been heard on 29.11.2008, the Forum on 15.12.2008 delivered the following: ORDER SMT. BEENAKUMARI.A: MEMBER The complainant Prasadchandran had taken a membership of opposite party's pre-publication scheme of the book “All about Computer” and paid Rs. 440/- on 18.06.2000. As per the registration receipt the book will be issued in May 2001. But they did not publish the book in May 2001 and they informed that the book will be issued in November 2001. Thereafter several times the complainant contacted the opposite party about the issuance of the said book. But till now the complainant has not received the book. On 2003 May the complainant approached the opposite party directly, then they assured that the book will be issued within June 10 or they will return the amount. But the opposite party did not supply the book or return the amount. Therefore the complainant suffered mental agony and monetary loss. Hence he filed this complaint before this Forum. The opposite party remains ex-parte. Points to be ascertained: Whether there is deficiency in service or unfair trade practice on the part of opposite party? Whether the complainant is entitled to get the reliefs and costs?
Points (i) & (ii):- The complainant was examined as PW1. He had produced two documents. The document marked as Ext. P1 is the letter issued by the opposite party to the complainant informing the matter that they will issue the book in November 2001. Ext. P2 is the copy of terms and conditions. In this case the opposite party had accepted the notice issued by this Forum but not turned up to contest the case. The complainant has proved his complaint with his pleadings and evidence. We find that there is deficiency in service and unfair trade practice on the part of opposite party. The opposite party is legally bound to issue the book to the complainant as per the terms and agreements. The act of the opposite party is amounting to unfair trade practice. They accepted the price of the book as pre-publication scheme. But they did not issue the book. Hence the opposite party is liable to return the amount with compensation to the complainant. Hence the complaint is allowed as follows: The opposite party is directed to pay Rs. 440/- to the complainant and shall also pay Rs. 500/- as compensation and Rs. 500/- towards costs. Time for compliance one month. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 15th December 2008.
BEENAKUMARI. A : MEMBER
G. SIVAPRASAD : PRESIDENT
S.K. SREELA : MEMBER O.P. No. 309/2003 APPENDIX
I COMPLAINANT'S WITNESS : PW1 - Prasad Chandran II COMPLAINANT'S DOCUMENTS :
P1 - Letter No. CD-015/6/2904 showing the receipt of Rs. 440/-. P2 - Receipt of Rs. 40/- as registration fee.
III OPPOSITE PARTY'S WITNESS : NIL IV OPPOSITE PARTY'S DOCUMENTS : NIL
PRESIDENT
......................Smt. Beena Kumari. A
......................Smt. S.K.Sreela
......................Sri G. Sivaprasad | | 
