Wg Cdr S S Gyani vs S Poply Interads Advertising P Ltd

THE complainant is the Director/Principal of St. Soldier Divine Public School, Sector 16, Panchkula. He instituted this complaint against the respondent which is an advertising agency alleging that every year the respondent, advertising agency had been getting admission notice published in The Tribune but for the academic session of 199394 no such notice was published in The Tribune. Mrs. S. Poply of the respondent, advertising agency stopped getting the advertisement published and it resulted in a loss to the complainant. The seats meant for hostel residents and day Scholars remained unoccupied resulting in financial loss. The details of loss described in para No. 4 are as under : S. No. Nature & No. of seats Average amount charged from each candidate Total Margin/profit for development of school 30% 1. Hostel residential seats 64 x 21,000 = 13,50,400/ - 4,10,120.00

DAY Scholar seats 100x3,400 = 3,40,000/ - 1,02,000.00 Total : 5,12,120.00 2. In reply the respondent has averred that the complainant is not a Consumer. The comlainant might have been having a dispute with The Tribune. The complainant had filed a suit for mandatory injunction against The Tribune Trust but it was dismissed as withdrawn on 22.1.94. There were complex questions of law and facts and the complaint was not maintainable here. The complaint has not impleaded Tribune Trust as a respondent and this has resulted in nonjoinder. The notices regarding admission were always got published during the month of January and February and the complainant was at liberty to get published admission notice through any news agency. The complainant had failed to make the payment of the outstanding bills of the respondent to the tune of lacs of rupees. This fact was brought to the notice of the Tribune Trust who was competent to take suitable action against the complainant. There was no loss of any kind to the complainant. A civil suit filed by the complainant is still pending as the complainant failed to clear the entire dues. The complainant school had been in heavy arrears. A perusal of letter dated 17.6.93 Annexure C3 shows that the complainant had promised to pay the bill dated 1.2.93 for a sum of Rs. 68126.50 on or about 5th July, 1993 after reopening of the School. However, this undertaking was not fulfiled. It was on 13.1.94 that a cheque dated 3.1.94 for Rs. 68126.50 was received. Thus there was an inordinate delay. This is a case where the complainant was himself deficient in utilising the services of the respondent advertising agency and withholding the payment. A perusal of the record shows that even Advertisement Manager of The Tribune reminded the complainant through its letter dated 2.9.93 Annexure C -5 that a sum of Rs. 68126.50 was payable by the complainant to the respondent. A perusal of copy of plaint Annexure C -1 shows that a suit for recovery of Rs. 145331.04 is pending against the complainant in local Civil Court since 1993. The plea that the respondent; could not got slow or stop getting the advertisement published notwithstanding that such a huge amount was outstanding against the complainant it is not acceptable. The conclusion is that the complaint fails and it is hereby dismissed.

ANNOUNCED . The orders be communicated to the parties free of charges. Complaint dismissed -