BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 251/2005 Filed on 20.07.2005

Dated : 16.03.2009

Complainant:

Vinoj Rajan, Advocate, Thundathil Chambers, East of Collectorate, Vanchiyoor, Thiruvananthapuram.

(By adv. Riyad. A)

Opposite party:

Vincent D Paul, Proprietor, Southern Law House and Law book Binders, Karakkamandapam, T.C 53/78, Thiruvananthapuram.

(By adv. S.A. Karim)

This O.P having been heard on 10.02.2009, the Forum on 16.03.2009 delivered the following:

ORDER

SRI. G. SIVAPRASAD: PRESIDENT

The facts leading to the filing of the complaint are that complainant entrusted law books with the opposite party for binding, that opposite party assured the books will be bound and returned to him promptly, and that the total amount for binding of the said books was fixed at Rs. 2475/- and advance amount of Rs. 475/- was given to opposite party. Opposite party gave a receipt also, and that of the said books KLT-2002-3^rd Vol., KLT-2003-1^st Vol.,Crl. LJ 2002-3^rd and 4^th volume, Crl. LJ 2003 1^st volume etc. did not have any missing parts and other remaining volumes have missing parts. Opposite party assured the complainant that he would procure the missing parts himself and cost of the missing parts would be charged afterwards. Opposite party did not bind the said books and return it to the complainant. On 25.02.2004 opposite party came to complainant's office and apologized for the delay and said that the work was almost finished and the books would be bound and delivered within one week. On that day opposite party demanded an additional payment of Rs. 1000/- and accordingly complainant paid it. Opposite party gave receipt for the said amount also. Thereafter opposite party did not turn up with the bound books as promised. Hence this complaint to return the said books with a compensation of Rs. 2000/- along with an amount of Rs. 1475/- being the advance amount and to pay Rs. 16,000/- towards cost of the books if opposite party fails to return the same.

Opposite party entered appearance and filed version contending that complainant placed an order with the opposite party for binding law book as stated in the complaint. The cost of binding was fixed at Rs. 2475/- and opposite party received an advance of Rs. 475/- on 12.01.2004. Thereafter opposite party received Rs. 1000/- on 25.02.2004. On 25.03.2004 opposite party sent a written letter under certificate of posting to the complainant to supply the missing parts or take re-delivery of books supplied and settle the advance payment within 15 days of receipt of the letter. While so complainant met the opposite party on 15.07.2005 at Vanchiyoor Collectorate premises. As soon as the complainant saw the opposite party, the complainant rushed to him and beat his left cheek. Then the complainant forcefully pushed him to his office threatened to assault and obtained signature on revenue stamp and thump impression on two blank papers. Then opposite party was forcefully taken to Vanchiyoor police station. Due to complainant's undue influence Vanchiyoor police retained the opposite party till 8 p.m on 15.07.2005. The police asked the opposite party to retain the law books bundle and bring the complainant's law books the next day morning. On next day opposite party came to Vanchiyoor police station and attempted to return the law books obtained from the complainant. But complainant said the law books brought to the station was not his. The said books are still in the Vanchiyoor police station. Opposite party did not do anything wilful and cheat the complainant. Complainant has not performed his part of the contract. Hence opposite party prayed for directing the complainant to receive the law books from the police station.

The points that arise for consideration are:-

1. Whether there has been deficiency in service on the part of opposite party?

2. Reliefs and costs.

In support of the complaint, complainant has filed affidavit and Exts. P1 and P2 were marked. Opposite party did not file affidavit or documents.

Points (i) &(ii):- Admittedly opposite party visited the complainant and took orders for binding law books on 12.01.2004. It has been the case of the complainant that the cost for binding the law books was fixed at Rs. 2475/- and opposite party received advance Rs. 475/-. Ext. P1 is the order form/invoice issued by the opposite party to the complainant. A per Ext. P1 the rate of binding is Rs. 75/- per volume, the items received by the opposite party include AIR 2000 to 2002, out of which 2^nd supplement (2000), 1^st supplement, April part & index (2001) index 2002 were missing parts. Criminal Law Journal (2002) 3^rd and 4^th volume, Criminal Law Journal 2003 1^st volume, KLT 2002 2^nd and 3^rd volume and KLT 2003 1^st volume. The total cost of binding is Rs. 2475/-, advance is Rs. 475/-, Balance is Rs. 2000/-. As per Ext. P1 the following were the terms of business:

1. Order once received will not be cancelled.

2. For order with missing parts no limited period for completion of work, price of missing parts will pay in advance.

3. If any defect in the work inform within one year.

Both parties signed in Ext. P1. Hence there are meeting of minds and both parties bound to follow the terms. Ext. P2 is the receipt for Rs. 1000/-, dated 25.02.2001 issued by the opposite parties. On perusal of Ext. P1 and P2, opposite party had received Rs. 1475/- out of the total cost of Rs. 2475/-. Submission urged by the complainant is that opposite party assured him that he would procure the missing parts and the cost of missing parts would be charged afterwards and that the complete volume would be returned within one month from 12.01.2004. Opposite parties did not turn up with bound books as promised. It is pertinent to note that as per Ext. P1 there is no period of limitation as far as missing parts are concerned. Date of delivery is not mentioned in Ext. P1. It is urged by the complainant that there was absolutely no impediment in binding and delivering KLT 2002-3^rd volume, KLT 2003- 1^st volume, Crl. LJ 2002-3^rd and 4^th volume, Crl. LJ 2003 1^st volume etc. as they did not have any missing parts. Complainant by his affidavit stated that he did not receive any of the books after binding. Non-delivery of entrusted books after binding would definitely amount to deficiency in service. It is pertinent to note that complainant, a lawyer by profession, will have to depend on other lawyers and their libraries for reference of those books. Complainant, in his affidavit, has stated the cost of law books taken from him as on the date of their purchase as follows:

AIR 3 years at the rate of Rs. 3600/- per year = Rs. 10,800

Crl. LJ 3 volumes at the rate of Rs. 500/- per vol = Rs. 1,500

KLT 2002-2 volumes at the rate of Rs. 400/- per vol= Rs. 800

KLT 2003-1 volume at the rate of Rs. 400/- per vol = Rs. 400

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= Rs. 13,500

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It is further stated that the said law books are currently unavailable from the publishers and cannot be purchased and have an appreciation of 20% in their market price and therefore their present price is Rs. 16000/-. Though opposite party had filed version, no affidavit by way of evidence was filed to substantiate the pleadings in the version. Opposite parties did not file any other documents. Complainant has not been cross examined. Hence the affidavit filed by the complainant remains uncontroverted.

In the result, complaint is allowed. Opposite parties shall return the law books as per Ext. P1 order form/invoice to the complainant. Opposite party shall refund an amount of Rs. 1,475/- with 12% interest thereon to the complainant along with Rs. 3,000/- towards compensation and Rs. 1,000/- towards costs of the complaint. If opposite party is unable to return the said law books, opposite party shall further pay the complainant a sum of Rs. 13,500/- towards the cost of the said books.

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 16^th March 2009.

G. SIVAPRASAD,

President.

BEENAKUMARI. A : MEMBER

S.K. SREELA : MEMBER

C.C. No. 251/2005

APPENDIX

I COMPLAINANT'S WITNESS :

PW1 - Adv. Vinoj Rajan

II COMPLAINANT'S DOCUMENTS :

P1 - Order form/invoice No. 1005 dated 12.01.2004 for

Rs. 2000/-.

P2 - Receipt dated 25.02.2004 for Rs. 1000/-.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT