Present         (1)    Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                     President

                    (2)     Sri Sheo Shankar Prasad Singh,

                              Member

                    (3)     Smt. Karishma Mandal,

                              Member

Date of Order :- 17.07.2015

                    Smt. Karishma Mandal

1. In the instant case the Complainant has sought for following reliefs against the Opposite party:-

1. To refund the price of said jewellary i.e Rs. 1485/-  as per invoice no. 4116 along with interest of 18% per annum from 06.09.2002 till full and final payment
2. To pay the amount of Rs. 5000/- as compensation along with litigation cost to the complainant for harassment and mental tension suffered by her due to inconvenience.

2. Brief facts of the case which to the filing of complaint are as follows:-

1. The complainant purchased a new plain gold plated jewellery from bentex, maurya Lok complex, Block D-6, Budh Marg Road, Patna – 800001 on 06.09.2011 for her personal use.
2. The model number of said jewellery is I N E.
3. The said jewellery was used according to the instruction given by the staff of the Opposite Party no. 1.
4. The complainant found that the jewellery delivered become white and lost it’s shining in a just single use and is defective.
5. The complainant immediately, approached the opposite party no. 1 and the defect was brought to the notice of staff of opposite party no. 1 and requested for replacement of the defective jewellery with another piece of the same description but it was not replaced on the pretext that the same description of the jewellery had not been available in the store and she was directed to come after one week.
6. The complainant, in pursuance of such direction, approached the opposite party no. 1 but the said jewellery was not replaced on one pretext or the other.
7. The complainant sent the letter to the opposite party no. 2 on 23.09.2011 in which after stating entire facts requested him to replace the said jewellery with another piece of the same description and good quality or to refund the full price of the said jewellery paid at the time of purchase along with him.
8. The said jewellery is still not replaced with another piece of same description.

Perused the documents available on the record.

Heard the complainant only as the opposite parties neither appeared nor filed any written statement in opposition to the submissions of the complainant. Notice was properly served on the opposite parties but despite that the opposite parties have not appeared in the case.

In view of discussion made above we are of the opinion that the opposite parties are responsible for deficiency in service as the submission made by complainant, duly supported by an affidavit, has not been controverted by the opposite parties and thus we are left with no option than to accept the complainant’s version.

Accordingly We direct the opposite parties jointly and severally to refund the price of the jewellery i.e. Rs. 1485/- ( One thousandfour hundred and eighty five ) within two months from the date of receipt of this Order failing which the opposite parties will have to pay the above amount along with interest @ 10% per annum till the amount is finally paid.

We further direct the opposite parties to pay Rs. 2000/- ( Two Thousand only ) as litigation cost to the complainant within the aforesaid period.

With the above direction the complaint case stands allowed.

                              Member (F)                     Member                           President