Orissa

Koraput

CC/15/43

Sri Santosh Kumar Patra - Complainant(s)

Versus

The Proprietor Subash Manager, Sanitation Today - Opp.Party(s)

Sri Jaganath Padhi

24 May 2016

ORDER

1.                     The brief facts of the case of the complainant are that he is a sanitary items dealer and deals with sanitary ware of different manufacturing and exporting Companies.  The OP is the publisher of “Sanitary Today” magazine with full advertisement of sanitary fittings of different Companies and in order to keep him up dated the complainant subscribed for the magazine for 7 years through a subscription form supplied by the OP.  It is submitted that subscription for 7 years as per advertisement of OP through that magazine was Rs.4200/- with 30% discount but the OP through telephone demanded Rs.5000/- on different pleas and the complainant sent Rs.5000/- to the OP through SBI Cheque dt.12.10.12 and received magazines from Nov., 2012 for 6 consecutive months.  It is further submitted that the OP stopped sending the issues from May, 2013 for which the complainant sent email request to OP on 07.2.15 and the OP restarted sending magazines from 2/2015.  Due to gap in sending magazines, the complainant could not keep him updated regarding various sanitary products and sustained business loss and mental agony.  Thus alleging unfair trade practice on the part of OP, he filed this case praying the Forum to direct the OP to send pending issues from 5/13 to 1/15 or to refund the cost of magazines for gap period with interest @ 12% p.a. and to pay Rs.55, 000/- towards compensation and costs to the complainant.  It is further prayed to direct the OP to send magazines regularly during subscription period.

2.                     The OP in spite of valid notice neither filed counter nor participated in the proceeding in any manner.  The complainant has filed certain documents in support of his case.  We have perused the documents for orders on merit.

3.                     In this case the complainant stated that he subscribed for “Sanitation Today” magazine for 7 years on payment of Rs.5000/- published by the OP.  In support of his contention he has furnished copy of SBI D.D. No.306427 dt.12.10.12 worth Rs.5000/- in favour of the OP.  It is the further contention of the complainant that he received magazines from 11/2012 for consecutive 6 months and from 5/2013 the OP did not send the magazines till 01/2015 for which the complainant sent a request letter through email to the OP on 07.2.15 to send the magazine regularly.  The copy of said email letter is available on record.  Thereafter, the OP continues sending issues from 2/2015.

4.                     The case of the complainant is that for above 20 months he could not keep him up dated regarding various sanitary products resulting loss in business.  Hence the complainant prayed for refund of the cost of magazine for 20 months besides compensation and costs.

5.                     The OP on being served neither filed counter nor participated in the proceeding at all.  As such we had no opportunity to know the reason for non supply of issues for 20 months in spite of payments received.  Therefore, the allegations of the complainant against the OP remained unchallenged and as such the complainant is entitled to get refund the cost of magazines for those period.  We have computed the rate per issue is Rs.60/- and the gap period is 20 months.  Hence the cost of magazine for 20 months comes to Rs.1200/- to which the complainant is entitled to get back with interest.  Further the complainant has prayed for compensation of Rs.50, 000/- from the OP.  It was also ascertained that the OP has arbitrarily held up the supply of magazine.  Due to non supply of magazines in spite of advance payment, the complainant must have suffered some mental agony.  Further due to such unfairness, the complainant has filed this case incurring some expenditure.  Hence the complainant is entitled for some compensation and cost.  Considering the sufferings of the complainant, we feel a sum of Rs.2000/- towards compensation and cost in favour of the complainant will meet the ends of justice.

6.                     Hence ordered that the complaint petition is allowed in part and the OP is directed to refund Rs.1200/- with interest @ 12% p.a. from the date of filing of this case (07.4.15) and to pay Rs.2000/- towards compensation and costs to the complainant within 30 days from the date of communication of this order.  The OP is further directed to continue supply of magazine till the contract is over.

(to dict.)