SANGOM LTD Vs. K BALAKRISHNAN NAIR

JUDGEMENT

(1.) This appeal is directed against the order passed by the District Forum, Ernakulam in OP No.208/ 95. The first opposite party is the appellant.

(2.) Shortly stated, the allegations in the complaint are as follows: the complainant joined the pre-publication scheme of the Encyclopedia to be published by the opposite parties in 12 volumes and the first instalment was paid in September, 1987. The complainant paid a sum of Rs.1,376/- but even today he has not been given the last volume. This complaint was filed when 3 volumes remained to be supplied, but the 10th and 11th volumes were produced before the District Forum on the first hearing date on 20.4.1995, but the last volume was not published. It was represented before the District Forum that the last volume will be ready only by the end of October, 1995. The complainant sought refund of the amount remitted by him with interest.

(3.) The opposite parties filed a version stating that the complainant had already received the first 9 volumes and the 10th volume was published as early as 1991 and the 11th volume was published in 1992. The fact that the volumes 10 and 11 were ready for distribution through the NBS Network of book stalls was announced through the bulletin and the subscribers were requested to collect their copies and subscribers collected their copies. The 12th volume being the last and final volume, the Society had decided to incorporate an extensive index to the preceding volumes and also to include certain entries which were omitted to be dealt with in the earlier volumes. This caused delay.