Uttar Pradesh

Aligarh

CC/128/2023

SMT MANGLESH GARG - Complainant(s)

Versus

AMAN VARSHNEY - Opp.Party(s)

16 Mar 2024

ORDER

न्यायालय जिला उपभोक्ता विवाद प्रतितोष आयोग
अलीगढ
 
Complaint Case No. CC/128/2023
( Date of Filing : 04 Jul 2023 )
 
1. SMT MANGLESH GARG
AGE 56 YEARS W/O BP GARG R/O 5/695 SHAKTI GOOLAR ROAD ALIGARH
...........Complainant(s)
Versus
1. AMAN VARSHNEY
PROPRIETOR/PARTNER AMAN JWELLERS BELON WALE 2126 INDRA MARKET RAILWAY ROAD ALIGARH
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. HASNAIN QURESHI PRESIDENT
 HON'BLE MR. ALOK UPADHYAYA MEMBER
 HON'BLE MRS. PURNIMA SINGH RAJPOOT MEMBER
 
PRESENT:
 
Dated : 16 Mar 2024
Final Order / Judgement

JUDGMENT

  1. The present complaint has been filed by the complainant before this commission for  the following reliefs-
  1. The Op be directed to supply the gold ornaments worth Rs.750000 with interest and on failure to supply the ornaments, to pay the said amount Rs.750000 with interest.
  2.  Any other relief.
  3. Cost of the case.   
  1. The Complainant has stated that she had wanted to purchase gold bangles necklace and chain for her son Kapil’s marriage and approached the op on 15.11.2018. Complainant along with Adi Kasyap approached the OP and deposited Rs.750000 for manufacturing the said ornaments and to supply the ornaments. The remaining money was to be paid at the time of delivery. who had asked to deposit money for manufacture of the ornaments on order. Op did not deliver the ornaments at the time of marriage of the son and the complainant had to purchase the sale at higher rate. Thereafter complainant approached the OP several times and he assured to supply the ornaments even after marriage of the son and also assured to return the advanced money  on failure to supply the ornaments. F.I.R. was lodged on 5.1.2023 at Police station Gandhi Park under Sanction 406, 506 IPC. Complaint delayed due to Covid -19 Pandemic.             
  2. Op did not file any reply despite of sufficient service and case was proceeded ex parte.   
  3. Complainant has filed his affidavit and papers in support of his pleadings.
  4. We have perused the material available on record and heard the complainant’s counsel.
  5. Complainant’s pleadings are unrebutted and are supported with affidavits and papers and there is no reason to disbelieve the case of the complainant. Complainant has alleged that she had deposited the amount Rs.750000 for manufacturing the gold ornaments and the balance amount was to be paid at the time of delivery of ornaments.It is clear that the complainant had paid the the amount Rs.750000 as part consideration for the value of gold and services to be rendered for manufacturing the ornaments and the balance amount was promised to be paid at the time of delivery. Thus a consumer dispute is involved in the matter and complainant is entitled either for delivery of ornaments or to receive the advance money Rs.750000 with interest @15% annum with effect from 15.11.2018 till the date of actual payment. 
  6. We hereby direct the op either to deliver the ornaments mentioned above within a month and on failure to refund the amount Rs.750000 with interest @15% per annum with effect from 15.11.2018 till the date of actual payment. 
  7. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
  8. File be consigned to record room along with a copy of this judgment.
 
 
[HON'BLE MR. HASNAIN QURESHI]
PRESIDENT
 
 
[HON'BLE MR. ALOK UPADHYAYA]
MEMBER
 
 
[HON'BLE MRS. PURNIMA SINGH RAJPOOT]
MEMBER
 

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