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Judgment
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.
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. 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.
The complainant filed a detailed rejoinder in which it was stated that the 12th volume according to the contract should have been given onl4.11.1989.
THE District Forum found that the complainant''s allegations are proved. THE District Forum also held that the delay cannot be justified but it would not be proper to allow the claim by the complainant to refund the whole amount. In that view an order was passed directing the opposite party to pay Rs. 500/- as compensation. Feeling aggrieved by the said order this appeal has been preferred.
LEARNED Counsel for appellant submitted that this is a matter which would fall within the purview of Section 69 of Kerala Co-operative Societies Act and therefore the District Forum ought not to have entertained the complaint. He also stated that being the last volume index also has to be incorporated and taking into all these circumstances it has to be held that there is no unreasonable delay. We find that the contention raised by learned Counsel based on Section 69 of the Kerala Co-operative Societies Act has not been taken before the District Forum. In the appeal memorandum also such a ground has not been raised. In the circumstances, we are not justified in considering that question. It is seen from the pass book given to the subscribers that the last volume ought to have been released on 14.11.1989. Admittedly even now it is not released. In the circumstances the finding that there is deficiency in service cannot be said to be wrong. We, therefore, do not find any ground to interfere with order passed by the District Forum. The compensation awarded also cannot be considered to be exorbitant or unreasonable. We accordingly dismiss the appeal. Appeal dismissed.