BEFORE THE  DIST. CONSUMERS DISPUTES REDRESSAL FORUM;  DHARWAD.

DATE:24^th July 2015         

PRESENT:

1) Shri B.H.Shreeharsha       : President

2) Smt.M.Vijayalaxmi             : Member 

Complaint No.: 103/2015  

Complainant/s:

Gangadharayya s/o.Fakkirayya Kulkarni, Advocate, Plot No.14, Gurunathanagar, Old Hubli, Hubli 24, Dist.Dharwad.

 (In Person)

v/s

Respondent/s:

Sri.Ashwin Magajikondi, Arosh Jewellary Works, Durgadbail, Gouli Galli, Hubli-20

(Exparte)

O R D E R

By: Shri. B.H.Shreeharsha : President.

1.     The complainant has filed this complaint claiming for a direction to the respondents to pay Rs.50,000/- towards compensation with interest @18% from the date of claim and to pay cost and to order for such other reliefs.

Brief facts of the case are as under:

2.     The case of the complainant is that, the complainant approached the respondent and placed order to make new golden ring on 11.01.2015 by giving old ring. The complainant delivered one gold round havalad golden ring weighing 6 gms., with a new stone of 460 mg., and new 1 gram extra gold string ring to the respondent to make in total 7 grams long havalad new golden ring with the labour charges of Rs.300/- and handed over entire articles to the respondent. The respondent received the same and assured to make new long stoned new golden ring & will give within 2 – 3 days. But after the assured days the respondent went on postponing the same with the false assurances. After wandering for months together the complainant as a last resort went to police and seek their assistance. At the instance of the police the respondent promised to ready and deliver the new golden ring. But the respondent returned broken lesser weight golden ring with broken disfigured havala with shapeless. Inspite of several approaches and requests the respondent did not heed up and prepared & deliver well finished ring. Hence, complainant subjected to mental harassment at the instance of the respondent. On 12.02.2015 complainant issued legal notice to pay compensation, but notice returned undelivered with an postal endorsement refused. Hence, complainant filed the instant complaint praying for the relief as sought.

3.     The notice issued from this Forum returned unserved with an endorsement refused. Hence, treating the endorsement deemed service the respondent has been placed exparte and exparte proceedings has been initiated. Complainant admits sworn to evidence affidavit & relied on documents. Heard.  Perused the records. 

4.     On the said pleadings the following points have arisen for consideration:

1. Whether complainant has proved that there was deficiency in service on the part of respondents ?
2. Whether complainant is entitled to the relief as claimed ?
3. To what relief the complainant is entitled ?

Finding on points is as under.

1.   Affirmatively
2.   Accordingly
3.  As per order

Reasons

Points 1 and 2

5.     On perusal of document Ex.C.1 the complainant approached the respondent for the purpose of have new golden ring from the respondent on 11.01.2015 by giving his old golden rings with new havala. According to Ex.C1 the complainant has approached the respondent with specification & materials 6 gms., old golden ring with 1 gram new gold, 430 mg., havala with the wastage of 150 gms., and making charges of Rs.300/-.

6.     It is also the case of the complainant that since the respondent did not delivered golden ring given on 11.01.2015 within stipulated date he has approached the police. The complainant produced police endorsement Ex.C-2 dtd.04.02.2015 with police complaint Ex.C-3. The legal notice produced Ex.C4 further rectifies the grievance of the complainant. It is also admitted by the complainant that the respondent returned all the gold and broken haralu with broken old golden ring. During the prosecution time the complainant also shown the broken ring and it was seen defaced. Hence, the complainant established his case of deficiency in service by the respondent and committal of unfair trade practice. Hence, the complainant is entitled for the relief as sought.

7.     In view of the above discussions we have arrived and proceed to held issue.1 and 2 in Affirmative and accordingly .

8.     Point.3: In view of the finding on points 1 and 2 proceeded to pass the following 

Order

        Complaint is allowed in part. The respondent is directed to pay Rs.3,000/- towards the break of havala and towards making charges of new golden ring from someone else jeweler along with Rs.1,000/- towards compensation and Rs.1,000/- towards cost of the proceedings within 30 days from the date of receipt of copy of this order. Failing to comply the same, the said amount shall carry interest @9% P.A. from thereon till realization.

(Dictated to steno, transcribed by him and edited by us and pronounced in the open Forum on this day on 24^th day of July 2015)

(Smt.M.Vijayalaxmi)                                      (Sri.B.H.Shreeharsha)

Member                                                           President

Dist.Consumer Forum                                    Dist.Consumer Forum

MSR