BHUPEN MAHAPATRA vs BIJOY KISHORE PATRA

THE case in brief is that the complainant claims that he is a renouned writer. He handed over two manuscripts "APURBA PURBA" and "HATIRA HISTORY" for publication to respondent (O.P.) i.e. proprietor, Orissa Book Store, Binod Bihari Cuttack-2, Orissa, at Rourkela Book Fair on 22.2.1997. THE respondents are publishers, seller of books but in the year 1999 the publisher publish only "APURBA PURBA" and did not published the other book. THE appellant/complainant alleged that the publisher did not pay the royality as agreed to by the respondents. This case arises due to non-payment of royalties and for non-publication of books in time.

THE respondents i.e. publishers in the written statement raised objection about maintainability of the dispute case. But it is admitted fact that the respondents are the publishers and the complainant is a writer. THE writer/appellant paid Rs. 3,000/- by demand draft bearing No. 0498373 dated 16.6.1999 on Bank of India along with a letter to the publishers on date 17.6.2000. The manuscript of "HATIRA HISTORY" remained with the publishers up to 11.7.2000 and after so many letters the publishers returned the manuscripts "HATIRA HISTORY" on 11.7.2000 along with the Bank Draft Rs. 2,000/- vide TT/L No. 210113 of UCO Bank with regret letter and the balance of Rs. 1,000/- is lying with the publishers.

There is a good relationship between the writer and the publishers. There was no written agreement between the writer and the publishers regarding other books i.e. "PRAMILA" & "PRUTHVI", we do not want to interfere on that matter. The dispute case is for non-publication of "HATIRA HISTORY". The appellant is a well known writer of Orissa and so also the Orissa Book Store is a reputed publisher and seller of books of Orissa. The publishers published so many books of the said writer. In our considered opinion, it would be appropriate for the publisher to pay a sum of Rs. 300/- being the interest for one year at the rate of 10% per annum on Rs. 3,000/- which the publisher kept with him and had the complainant deposited the amount in any fixed deposit he would have received the amount towards interest. Besides the publisher to pay Rs. 1,000/- which he has kept back having refunded Rs. 2,000/- to the complainant. This shall also bear interest at the rate of 10% per annum from 10.8.2001 i.e. when the amount of Rs. 2,000/- was refunded to the complainant till payment. The finding of the District Forum that the complainant''s case was vexatious is set aside and so this compensation awarded. Complainant had a cause of action to approach the District Forum. Appeal disposed of.