Complainant Manjit Raj has filed the present complaint against the opposite parties U/S 35 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties not to recover Rs.48,200/- from him which is illegal and opposite parties be further directed to pay Rs.5,000/- as litigation expenses in the interest of justice.  Opposite parties be further directed strict action may kindly be taken against the opposite parties for evading the tax of the Govt. for selling and issuing Kacha Parchies to him. Any other relief for which he is entitled may kindly be given to him.

2.        The case of the complainant in brief is that  on 9.4.2019 and on 1.2.2020 purchased 51.10 plus 06.13 grams jewellery from opposite parties @ Rs.38,000/- per ten grams 22 carrot No.916. The total amount of this jewellery was as under:-

          i) Rs.2,22,052 plus Rs.5100/- plus Rs.6814/- plus Rs.1600/-

ii)  Rs.20,150/- was balance amount towards him for the purchase of jewellery dated 9.4.2019. In this way he was to pay to opposite parties Rs.2,55,716/- and he paid Rs.70,000/- on 1.2.2020 and there was balance of Rs.1,85,716/- and he gave to the opposite parties old jewellery worth Rs.13,966/-. In this way the balance amount towards him was Rs.1,71,750/- and he paid to the opposite parties Rs.50,000/- on 1.12.2020 and Rs.1,21,750/- was balance towards him.

Due to Covid-19 he was facing serious crisis in business and economy and he even did not have money to meet the basic requirement of livelihood. So, he could not make payment to the opposite parties.  He has next pleaded that in the last week of November, 2020, the opposite party no.1 came to his son’s shop where he was present, the opposite party no.1 harassed and humiliated him and abused him in filthy language in the presence of his son and general public gathered there and demanded the balance amount which he did not pay due to Covid-19. Due to the illegal act of opposite party no.1, he felt humiliated and mental agony and fell seriously  ill and was admitted in Neel Kanth Medical and Heart Care Centre, Pathankot and spent huge amount on his treatment.  He next pleaded that on 2.1.2021 he took loan of Eight lac from the bank and on 6.1.2021 he paid to the opposite parties Rs.1,22,000/- in the presence of his wife and Sunny Kumar at their shop. Now the opposite parties are demanding Rs.48,200/- as increased rate of jewellery.  He also served a legal notice dated 18.2.2021 upon the opposite parties calling upon them to withdraw the threat of demanding Rs.48,200/- within 15 days of the receipt of legal notice, but no reply was given.  Hence this complaint.

 3.     Notice issued to the opposite parties. R.Cs of opposite parties had not been received back. Case called several times but none had appeared on behalf of opposite parties. Hence, opposite parties were ordered to be proceeded against exparte vide order dated 4.8.2021.

4.            Alongwith the complaint, Sh.Manjit Raj, complainant has filed his own affidavit Ex.CW-1 alongwith copies of documents Ex.C-1 to Ex.C-9.

5.      Written arguments have been filed on behalf of complainant.

6.     We have carefully gone through the pleadings of counsel for the complainant  and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the complainant for the purposes of adjudication of the present complaint Complainant led evidence.

7.         As detailed above, the complainant has pleaded in his complaint that on 9.4.2019 and on 1.2.2020 he has purchased 51.10 plus 06.13 grams jewellery from opposite parties @ Rs.38,000/- per ten grams 22 carrot No.916. As per Ex.C-3, an unsigned temporary bill the complainant was to pay Rs.2,22,052/- plus Rs.5100/- plus Rs.6814/- plus Rs.1600/- and Rs.20,150/- the balance amount  for the purchase of jewellery dated 9.4.2019.  After paying Rs.70,000/- on 1.2.2020 and return of some old jewellery the balance amount towards him was Rs.1,71,750/-  (Ex.C-3). Thereafter the complainant submitted that he paid to the opposite parties Rs.50,000/- on 1.12.2020 and Rs.1,21,750/- was balance towards him (Ex.C-4,C-5). Complainant further added that due to Covid-19 he was facing serious crisis in business and economy and he even did not have money to meet the basic requirement of livelihood. So, he could not make payment to the opposite parties. Now as detailed in Ex.C-4, C-5 the opposite parties are demanding Rs.48,200/- as increased rate of jewellery which is illegal.  Complainant prayed not to recover this amount. Manjit Raj’s pleading has been supported with his affidavit placed on file as Ex.CW1. 

8.        The opposite party has failed to file any reply and rebut the allegations leveled in the complaint and ordered to be exparte as per order dated 4.8.2021 and thus, has impliedly admitted the claim of the complainant.  Opposite party has not issued any regular bill to the complainant as it is clear from the evidence put on record by complainant which act of opposite parties also amounts to deficiency in service.

9.           In view of the aforesaid discussion, facts and circumstances of the case, the present complaint is partly allowed and opposite parties are directed not to recover the amount of Rs.48,200/- from the complainant which is illegal and not sustainable. No order as to costs.

10.            The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

11.       Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                         

             (Naveen Puri)

                                                                            President   

Announced:                                                   (B.S.Matharu)

April 22, 2022                                                     Member

*MK*