RAVI DEECEE Vs. AJAYAKUMAR K.

JUDGEMENT

(1.) THE appellants are the opposite parties, the publishers of the book -Malayalam Encyclopedia - Desk Reference - which was purchased at the pre -publication rate of Rs. 1575 by the complainant. The first opposite party is under orders to refund of Rs. 1575 with interest at the rate of 9% from the date of payment and no surrender of the book and pay cost of Rs. 1000 and also the sale of the above book is ordered to be stopped.

(2.) IT is the case of the complainant that attracted by the advertisement of the book published by the appellants he purchased the book paying the pre -publication price of the book as face value was Rs. 2750. It is his case that the book was found to be of poor quality in content and presentation. It is also alleged that the entries have not been arranged properly, cross reference indications are incorrect, translation is poor and editing is inferior. There are some factual errors also. He has also cited the instances that he could locate in the book.

(3.) THE opposite parties/appellants had denied the allegations. It is further submitted that the defects pointed out of a very minor in nature. The mistakes and omissions if any will be rectified. It is pointed out that only minor mistakes have been highlighted. The book was the first edition. It was prepared by experts in various fields. It is pointed out that even the updated dictionary of National Biography of Oxford University Press contained mistakes. It is evident from the report published in the Hindu daily on 7.3.2005 that the first edition of the above book has come out and mistakes were corrected in 300 page erratum. It is pointed out that the complainant has paid the pre -publication rate which is much less than the cost of post -publication rate and that too in instalments. The complainant had benefited in this regard. The book provides much benefit to the needs of the readers as it is the Malayalam translation of Encyclopedia Britanica, an exhaustive excessive reference book.