LAWS(NCD)-1998-12-36

A B BURTADO Vs. RADHA OFFSET PRESS

Decided On December 17, 1998
A.B.BURTADO Appellant
V/S
RADHA OFFSET PRESS Respondents

JUDGEMENT

(1.) THE unsuccessful complainant has come up in appeal against the order dated 20th April, 1994, passed by the State Consumer Disputes Redressal Commission, Goa, dismissing his complaint. The facts of the case out of which this controversy has arisen may be briefly stated.

(2.) THE complainant deals in the sale of books, stationery, maps and tourism guides besides publishing books. The respondents deal with all types of binding works including the printing of maps. The complainant wanted to print 5,000 copies of colour maps of Goa. By a letter dated 13th July, 1990, the complainant invited quotation from the respondents. In response to the letter of the complainant, the respondents by their letter dated 21st July, 1990 sent their detailed quotation and showed their willingness to print the maps at a total price of Rs. 7,575/- inclusive of the cost of required paper besides taxes. The respondents sent to the complainant another letter of 3.8.1990 reducing the cost of paper thereby bringing the total cost of the printing job to Rs. 6,925/- plus taxes extra. The complainant sent the necessary matter for printing to the respondent alongwith a sum of Rs. 1,000/- towards advance. According to the complainant, in the month of December, 1990, the required quantity of paper was supplied to the respondent. By letter dated 8th January, 1991, the complainant requested the respondent to make certain changes /corrections in the matter given for printing. The respondents, by their letter dated 2.2.1991 informed the complainant that they were carrying out the required changes and corrections and that the entire printing of complainant's work would be completed before 20th February, 1990.

(3.) THE opposite party contested the claim. The jurisdiction of the State Commission to entertain the complaint was denied. On merits, it was pleaded that they had informed the complainant that the negative and proofing charges would cost extra and that an advance of 75% of the total amount would be payable. They had to write several letters demanding payment of 75% amount as advance since a token advance of Rs. 1,000/- would not be sufficient to begin printing of an order for which the total cost would be Rs. 9,729/-. The complainant after much insistence, paid another sum of Rs.3,000/-and the balance of Rs. 3,296/- was due from him.