DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 27th day of January 2017
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 08/03/2016
: Sri.V.P.Anantha Narayanan, Member
(C.C.No.16/2016)
Murali Krishnadas,
S/o.K.Sethu Madhavan,
Kausthubam House,
Perinkulam P.O.
Alathur – 678 542 - Complainant
(By Adv.Sujeesh.K)
V/s
1.The Manager
Pre Publication DC Books,
DC Kizhakemuri Edam
Good Shepherd Street,
Kottayam – 686 001
2.Current Books (India) P.Ltd.
Surya Complex,
T.B.Road, Palakkad - Opposite parties
(By Adv.Girish K Nochulli)
O R D E R
By Smt.Suma.K.P.Member
The case of the complainant is as follows:
The complainant came to know that there is a pre publication book named “18 Puranas” by the advertisement notice published in the book stall of second opposite party. Complainant made an advance payment of Rs.3,000/- as two installments to the second opposite party at Palakkad. On 11/12/2014 he paid the balance amount of Rs.1999/- and took the delivery books and obtained a bill of Rs.4,999/- from second opposite party. When the complainant took the books for reading he found that none of the books are in a readable quality. Each and every pages of all the volumes are very thin and the words printed are very small and not legible for reading. The paper seems to be so thin and there are every chance that it may torn into pieces at any point of time. Not only that, in every page there is back to front shadow appears that may make much hard and difficult to read. The complainant alleges that no prudent man can read the said books without any strain. The quality of the 18 volumes of the books are very much poor and are not in ordinary standard also. Complainant intimated both opposite parties about all the said defects through phone as well as directly. They replied that the new edition of the said book will be published soon and they will replace the book. Several months complainant enquired about the new edition but there was no positive reply. So complainant sent a lawyer notice showing all these facts to the first opposite party on 31/8/15. But there was no reply from the part of opposite parties. Complainant submits that this amounts to unfair trade practice and deficiency of service on the part of the opposite parties. Hence the complainant had approached before the Forum seeking an order directing the opposite parties to replace books named 18 Puranas with a good readable quality and good paper quality and also to pay a sum of Rs. 4,999/-towards the cost of the book and a sum of Rs.20,000/- by way of compensation to the complainant along with the entire cost of this proceedings.
Opposite parties entered appearance upon notice from this Forum and filed their version contending the following. The complainant had filed their complaint with a malafide intention to damage the goodwill and reputation of the opposite parties. As and when the complainant came to the opposite parties to collect his set of books, the complainant demanded to open the box containing the books. As such the opposite parties opened the box. The complainant took each and every book and had gone through random pages of each book. The complainant was very well aware of the quality of the paper and font size and as and when the complainant collected his books. The complainant did not raise any obejction at that point of time. The complainant collected the books on 11/12/2014 and did not inform any objection to the opposite parties till 31/8/15. The opposite parties came to know about the objection of the complainant only in September 2015 when they received the lawyer notice issued by the complainant. More than 20,000 copies of the books had been sold and nobody has made any complaint except the complainant. Several other books were published by the opposite parties having the same font size and same paper. The complainant had not intimated anything before his lawyer notice either by phone or in person. Opposite parties cannot say that another edition of a pre publication will come soon. Publishing a book through pre publication scheme is a lengthy process. It is not similar to the publication of other books having several edition. Most of the pre publication books are of single edition. Pre publication book is published after several months advertisement and after collecting the required orders from the public. Hence publication of another new edition of a pre publication book is not possible and feasible. Hence the opposite parties never replied that new edition of the book will come soon. The said statement is fabricated by the complainant for the purpose of this complaint. At the time of remittance of the first installment itself, the complainant was given a brochure stating all details about the book. The complaint was well aware about the font size and paper quality of the book at the time of booking itself. Apart from this at the time of collection of books the complainant had seen each and every book. Only after seeing the book he had remitted the balance amount and went with the books with great satisfaction. There is no unfair trade practice and deficiency in service on the part of the opposite parties. The complainant has not suffered any mental agony or any loss and is not entitled to any of the damages claimed in the complaint. As and when the opposite parties received the lawyer notice they contacted the complainant over phone and requested him to return the books and collect the amount he had remitted. But the complainant was not ready to return the books and to collect the amount he had remitted.
Evidence of the complainant & opposite parties consists of their chief affidavit. Ext A1 to A23 were marked on the side of complainant. Ext.B1 & B2 were marked from the part of opposite parties. Complainant was cross examined as PW1 and opposite party was cross examined as DW1. Evidence was closed and matter was heard.
The following issues are considered
1.Whether there is any deficiency in service on the part of opposite parties ?
2.If so, what is the relief?
Issues 1 & 2
According to the complainant the book is of not readable quality and no prudent man can read the books without any stain. But the opposite party contended that the complainant had filed this complaint with a malafide intension to damage the goodwill and reputation of the opposite parties. As and when the complainant came to the office to collect the set of books the complainant demanded to open the box containing the books and had gone through random pages of each books. The complainant was very well aware about the quality of the paper and font size as and when the complainant collected his book. The complainant did not raise any objection at that point of time. Admittedly he has collected the books on 11/12/2014 and did not inform any objection to the opposite parties till 31/8/2015. The opposite parties submits that they came to know the about the objection of the complainant only in September 2015 when they received the lawyer notice. They also alleges that more than 20,000 copies of the books had been sold and nobody has made any complaint except the complainant. Several other books were published by the opposite parties having the same font size and same papers. Publishing a book through pre publication is a lengthy process and most of the pre publication books are of single edition. Pre publication books is published after several months advertisements and after collecting the required orders from the public. Hence, publication of another new edition is not possible and feasible. As and when the opposite party received the lawyer notice they contacted the complainant over phone and requested him to return the books and collect the amount he had remitted. But the complainant did not turned up. Now after a lapse of one year complainant cannot raise any deficiency or objections against opposite parties. We also upheld the contention raised by the opposite parties in this regard. The complainant ought to have denied the last payment on 11/12/2014 as and when he saw the books and can make a demand for the refund of the amount which he had already remitted. Instead he had taken the books and had issued lawyer notice only after a lapse of 8 months. There is no evidence to the effect that he had raised objection before the opposite parties soon after the delivery of books. This indicates that the complainant had not approached the Forum with clean hands. The contention of the opposite party is also that the complainant after reading the books had filed this complaint for unlawful gains. In this regard, we are of the view that the complainant lacks bonafide and is liable to be dismissed.
Hence the complaint is dismissed without cost.
Pronounced in the open court on this the 27th day of January 2017.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 – Copy of lawyer notice issued to the opposite party by the complainant
dated 31/8/15
Ext.A2 – Bill for Rs.4999/- issued by Current Books dated 11/12/14
Ext.A3 – Brochure of 18 Puranas
Ext.A4 – Quality assurance brochure issued by opposite party to the complainant
Ext.A5 – Linga Mahapuranam
Ext.A6 – Skantha Mahapuranam
Ext.A7 – Padma Mahapuranam
Ext.A8 – Bhagavada Mahapuranam
Ext.A9 – Markandeya Mahapuranam
Ext.A10 – Naradheeya Mahapuranam
Ext.A11 – Brahmanda Mahapuranam
Ext.A12 – Brahma Mahapuranam
Ext.A13 – Vamana Mahapuranam
Ext.A14 – Koorma Mahapuranam
Ext.A15 – Garuda Mahapuranam
Ext.A16 – Vayu Mahapuranam
Ext.A17 – Vishnu Mahapuranam
Ext.A18 – Bhavishya Mahapuranam
Ext.A19 – Brahavaivarthana Mahapuranam
Ext.A20 – Varaha Mahapuranam
Ext.A21 – Agni Mahapuranam
Ext.A22 – Malasya Mahapuranam
Ext.A23 – Vyasa Mahabharatham - I (pre publication)
Witness cross examined on the side of complainant
PW1 - Muralikrishnadas
Exhibits marked on the side of Opposite parties
Ext.B1 – Brochure of 18 Puranas
Ext.B2 – Letter give to the complainant by opposite party
Witness cross examined on the side of opposite parties
DW1 – Venugopal
Cost
No cost allowed
