BEFORE THE DAKSHINA KANNADA DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANGALORE

Dated this the 3^rd December 2016

PRESENT

        SMT. C.V. SHOBHA             :  HONBLE PRESIDENT

        SMT.LAVANYA M. RAI        :  HONBLE MEMBER                                        

COMPLAINT NO.77/2016

        (Admitted on 12.02.2016)

Anitha Menezes,

W/o Clarence Cardoza,

Aged 43 years,

R/at Kudoor House,

Vittla Post, Bantwal Taluk,

D.K 574243.

                                                             ……… Complainant

(Advocate for Complainant by Sri. SD)         

VERSUS

1. N.Balakrishna Bhat,

S/o Late Shyam Bhat,

2. Varadesh,

N.Balakrishna Bhat,

Both are R/at C/o Umesh,

Behind Taluk Panchayath office,

Sullia, D.K.

Proprietors of Shreevara Jewelers,

                     Puttur 

                                  …. Opposite Parties

        (Opposite Party No.1 and 2: Exparte)

ORDER DELIVERED BY HON’BLE MEMBER

SMT. LAVANYA M. RAI

1. 1. This complaint is filed under section 12 of the Consumer Protection Act alleging deficiency in service as against the opposite party claiming certain reliefs.
2. The brief facts of the case are as under:

          The complainant has joined the Opposite Parties Gold Schemes namely XE 50 and 88 on 27.04.2014 and the complainant was entitled to pay Rs.1,000/  each to the Opposite Party at the end of every month for 15 month.  As per the scheme the complainant has paid the entire amount of Rs. 30,000/ to the Opposite Party by 22.06.2015 as per order form No. 2195 and Opposite Parties were liable to provide 1 pair of Bangles worth Rs.30,000/ to the complainant on 25.07.2015.  Thereafter the complainant observed that the Opposite Party have closed the shop at Puttur and the same was published in the Local New papers, hence complainant gave complaint against Opposite Party at Puttur Town Police.  The Opposite Party shop never open thereafter hence the complainant issued legal notice to the Opposite Party same was returned with endorsement left.  Hence the above complaint filed under section 12 of the C.P.Act 1986(here in after referred to as the Act) seeking direction from this For a to give direction to the Opposite Party to pay Rs. 30,000/ with 12% interest from 22.06.2015 till payment and also pay compensation and cost of the proceedings. Version Notice served to the opposite party by RPAD, inspite of receiving version notice not appeared nor contested the case before this forum.  Hence we have proceeded Ex parte as against Opposite Party version of Opposite Party not filed hence treated nil.

4. In support of the complainant One Mrs. Anitha Menezes (CW1) the complainant filed affidavit reiterating what has been stated in the complaint and produced the document same has marked as Ex C1 to C5.  Since the Opposite Party placed Ex-parte not lead any evidence hence treated nil. In view of the above said facts, the points now that arise for our consideration in this case are as under:

1. Whether the complainant proves that  there is a deficiency  of service on the part of the Opposite Party?
2. If so, for what relief and from whom the complainant entitled?
3. What order? 

We have considered the notes/oral arguments submitted by the learned counsel and also considered the materials that was placed before this Forum and answer the points are as follows:.

Point No. (i) to (ii): As per Affirmative

Point No. (iii): As per the final order.

REASONS

5. POINTS No. (i) to (iii):  The complainant in order to substantiate the averments made in the complaint filed affidavit supported by the documents i.e. Ex C1 to C5.  The Ex C1 is the order form which shows that the complainant is the member of the Gold Scheme.  Ex C2 is the complaint given at Puttur Police Station against the Opposite Party. Ex C3 to Ex C5 are the legal notice along with postal acknowledgment and notice issued by RPAD returned as left. From the above documents it reveals that the complainant joined Opposite Parties gold scheme by paid Rs.30,000/ and Opposite Party is liable to provide 1 pair of Bangles worth of Rs.30,000/ as per Ex C1.  As per Gold Scheme the Opposite Party not paid the amount nor provide the bangles. Further we noted that the Opposite Party inspite of receiving notice by paper publication neither appeared nor contested the case till this date.  The entire evidence placed by the complainant not contradicted nor controverted by the Opposite Party which requires no further proof. In view of the above said reason we hold that the Opposite Party shall pay Rs.30,000/ along with 12% interest from 22.06.2015 till payment and also pay Rs.5,000/- as cost of the litigation expenses.  Payment shall be made within 30 days from the date of receipt of this order.In the present case interest considered by this Forum itself is compensation therefore no separate amount of compensation is awarded. In the result, accordingly we pass the following Order:

ORDER

The complaint allowed. The Opposite Party shall pay Rs. 30,000/ (Rupees thirty thousand only) along with 12% interest from 22.06.2015 till payment and also pay Rs. 5,000/ (Rupees Five thousand only) as cost of the litigation expenses. Payment shall be made within 30 days from the date of receipt of this order.

Copy of this order as per statutory requirements, be forwarded to the parties and therefore the file shall be consigned to record room.

(1 to 5 pages dictated to the Stenographer typed by him, revised and pronounced in the open court on this the 3^rd of December 2016)                                

            MEMBER                                             PRESIDENT        

(SMT. LAVANYA M.RAI)                      (SMT. C.V.SHOBHA)

D.K. District Consumer Forum                D.K. District Consumer Forum

            Mangalore.                                                Mangalore.

ANNEXURE

Witnesses examined on behalf of the Complainant:

CW 1: Mrs. Anitha Menezes

Documents marked on behalf of the Complainant:

Ex.C1: Dated: 22.06.2015   Copy of the Order Form.

Ex.C2: Dated: 09.06.2015   Copy of the Complaint.

Ex.C3: Dated: 20.07.2015    Postal Acknowledgement.

Ex.C4: Dated: 16.01.2016    O/C of the regd notice.                             

Ex.C5: Dated: 18.01.2013     Un served Postal Covers (2).

Witnesses examined on behalf of the Opposite Parties:

Nil

Documents marked on behalf of the Opposite Parties:   

Nil

Dated: 03.12.2016.                                               MEMBER