CLIPPER HOLIDAYS Vs. M AND N PUBLICATIONS LTD

JUDGEMENT

(1.) In this complaint, under Sec.17 r/w Sec.12 of the Consumer Protection Act, 1986 , the complainant has sought compensation in a sum of Rs.12,50,000/- from the opposite party. The complainant is a Proprietorship concern carrying on the business of travels and tours involving hotel reservations, car and bus hire, ticketing and ship cruises. The opposite party is an advertising company dealing in publishing the 'yellow pages' for Bombay, Delhi, Madras, Coimbatore, Bangalore, Mangalore, Hyderabad and Ernakulam Telephone Directories.1. The complainant was advertising his concern regularly with the opposite party in 'yellow pages' since few years both in Bangalore and Madras. The complainant booked advertisements for 1994-95 Bangalore telephone directory under categories - hotel reservation services and travel bureau. The opposite party published the said advertisement in 'yellow pages' negligently, the consequence of which was the advertisements appeared interchanged.

(2.) The complainant booked advertisement for 1994-95 Madras Telephone Directory under the category 'hotel reservation services and hotels out of own reservation services'. The said advertisements were published in the directory under wrong address and wrong telephone numbers. The Madras office address was wrongly mentioned with Bangalore pin code and Madras telephone number was wrongly mentioned in Bangalore STD code. This was due to the gross negligence on the part of the opposite party and the consequence was that the complainant suffered huge loss in his business.

(3.) The complainant further averred that on noticing these defects in the publications, he brought to the notice of the opposite party. The opposite party failed to indemnify the complainant, though it refunded the amount of Rs.8,62425 paid by the complainant for publication of these advertisements. The complainant, on the basis of these averments, sought a sum of Rs.7,50,000/- from the opposite party towards loss sustained in business and a sum of Rs.5,00,000/- towards the loss of work and also for mental agony, suffering undergone by him.