Publishing house asked to pay royalty

Author to get ₹50,000 compensation

A Consumer Disputes Redressal Forum, on October 9, directed a Delhi-based publishing house to compensate an author with ₹50,000 for not paying her the royalty on the book that she had written.

The complainant, Santosh Aggarwal, alleged that according to the agreement, Gyan Publishing House was supposed to pay 10% of the royalty amount against the sale of the book, ‘Boond Ek Swati Ki’, which she had written.

Security deposit

“It is alleged that the opposite party was to provide to the author 20 complimentary copies of the first edition free of charge for distribution by the complainant in her circle. It is alleged that the opposite party further, in order to ensure itself against any claim likely to be made by any other person, took from the complainant a security deposit of ₹15,000,” read the complaint in the order.

However, the complainant alleged that the publishers had failed to pay her the royalty amount that was due to her.

However, the respondents in their defense argued that no amount was ever deposited by the complainant towards the security deposit and that the sum of ₹15,000 was given towards the purchase of books by the complainant.

‘Not refundable’

“It is further alleged that it is baseless to allege that security amount was, however, refundable by the opposite party to the complainant on demand in case no claim was made by any other person with regard to the authorship of the said book,” said the written statement filed by the respondents.

However, rejecting their claims the court observed, “The opposite party has not placed on record any invoice or purchase order submitted by the complainant for purchase of so called books. It appears to be a false claim on the part of the opposite party.”

Due interest

While pronouncing the order, the district consumer forum said, “We are of the opinion that the opposite party, by usurping the deposit amount and by not parting with the royalty on the books published, has committed deficiency in service.”

The court directed the respondents to refund the security deposit in its entirety and pay an additional ₹. 8,400 with interest as the royalty for the book.

Further, a sum of ₹30,000 was awarded to the complainant towards harassment and litigation expenses as the matter dragged on for almost a decade.