ADVERTISEMENT MANAGER, EENADU TELUGU DAILY vs ANANTHA RAM KONGARA

THESE appeals arise out of an order passed by the District Forum, Mahaboobnagar. On a complaint filed by the respondent, C.D. No. 86/91, District Forum, Mahaboobnagar, directed that the respondent shall publish regretting the mistake in the publication of the name of the complainant in a box, repay the publication charges paid by the complainant and also pay Rs. 50/- towards compensation and costs to the complainant within one month from the date of that order.

THE complaint came to be filed in the following circumstances. On 8.2.91 the complainant in C.D. No. 86/91 gave advertisement to be published in Eenadu Telugu Daily. THE advertisement relates to the Housewarming Ceremony of his house. In the matter sent, the complaint''s name was mentioned as "Kongara Anantharam, President, Mahaboobnagar Citizens Council". But in the publication issued on 10.2.91 the Complainant''s Surname was mentioned as "Kangara" instead of "Kongara". THE complainant brought to the notice of the Advertising Manager, Eenadu Daily, by letter dated 9.3.91 the mistake with regard to his surname in the issue dated 10.2.91. On receipt of the same, the Advertising Manager, Eenadu sent a communication dated 21.3.91 stating that the surname was wrongly published as "Kangara" and accepted the mistake on their part. THEy also stated that they were prepared to carry corrigendum immediately after the advertisement or a free make good insertion. But the function took place on 10.2.91 and the said insertion would not have served any purpose. Claiming that on account of the wrong description of the surname, the complainant had suffered mental agony. The Complaint was filed claiming refund of Rs. 200/- being the cost of the advertisement and Rs. 5,000/- towards compensation for defective service and costs. The opposite party filed a written statement reiterating what was stated in their earlier letter dated 21.3.91. The District Forum having regard to the circumstances of the case, gave directions as mentioned earlier.

Aggrieved by the said direction, the complainant preferred CDA No. 233/91 and the opposite party preferred CDA No. 175/91. Since both the appeals arise out of the same order, we are inclined to dispose of both the appeals together.

IT is submitted by Sri C. Ramakrishna, the learned Counsel appearing for the opposite party that the mistake in publishing the surname of the complainant is purely a mistake and that they are prepared to publish regret and it is not a case for awarding repayment of the publication charges, damages and compensation. On the other hand the complainant appearing in person has submitted that the compensation awarded by the District Forum is too meagre in view of the fact that he suffered lot of mental agony on account of the humiliation he suffered at the hands of his relatives and reiterated that he is entitled compensation of Rs. 5,000/-.

BUT having regard to the circumstances of the case and as the .opposite party admitted the mistake and offered to carry a correction with a regret, we are of the view that the order passed by the District Forum, having regard to the peculiar circumstances of this case, is quite reasonable and proper. It may not be precedent in all the cases where a mistake was made in insertion and where there is possibility of correcting the same. In the result, both the appeals are dismissed. No order as to costs. Appeals dismissed.