Charanjit Singh, President;

1        The complainant Manohar Singh has filed the present complaint under Section 11, 12 and 13 of the Consumer Protection Act (herein after called   as 'the Act') against Bhupinder Singh (Bittu Jewellers)  Prop. Mohalla Jewellers & Electronics V.P.O Takhtu Chak, Tehsil Khadoor Sahib, District Tarn Taran (Opposite party) on the allegations of deficiency in service and negligence in service on the part of the opposite party with further prayer to take away the ring and refund the entire amount i.e. Rs. 38,000/- alongwith interest at the rate of 18% per annum from the date of purchase of the ring and the complainant has also prayed Rs. 20,000/- as compensation on account of unfair trade practice, malafide intention and breach of contract of sale under sale of goods Act, 1930 and Rs. 20,000/- as compensation for mental agony and physical harassment and Rs. 10,000/- as costs of litigation.

2        The case of the complainant in brief is that the complainant purchased a Diamond Ring from the opposite party in his name on 15.10.2016 and cash payment of Rs. 38,000/- was made at complainant’s residence at Amritsar. At the time of purchase of ring, the opposite party neither provided the original Bill nor any authenticity certificate (ISO certificate) alongwith implied condition and warranty which was promised to be delivered to the complainant within a week of the above said date of purchase of ring. The ring got damaged within a month of its purchase and the complainant approached the opposite party with regard either to replace the ring or to return the cost of the ring. But the opposite party refused to do so with an excuse that the original bill and the authenticity certificate regarding the purity of the ring has been misplaced and when he will be able to find the bill and certificate, the next step will be taken in the matter. Inspite of many personal visits by the complainant to the premises of the opposite party and making several telephonic conversations with him, he failed to provide the original bill and authenticity certificate or making any other promise regarding the sale of ring. The complainant made all efforts to settle the matter for a period of one and half year but all in vain. After the negligible behavior of the opposite party towards the complainant, a legal notice was sent by the complainant in the month of Feb 2018 through Sh. Sanjeev Prashar Advocate and same was returned with the Postal authority’s remarks ‘Refused to receive’. By not providing the original Bill and authenticity certificate to the complainant for about one and half year, amounts to substandard making of the ring which has breached the trust not only of the complainant but of the public at large by providing substandard material to the customers.  The aforesaid acts on the part of the opposite party amounts to deficiency in service, unfair trade practice, false excuses and unfair behavior which has caused mental as well as physical agony and torture and also caused inconvenience to the complainant for which the complainant is entitled for compensation besides the expenses of the litigation. Feeling dissatisfied by the act and conduct of the opposite party, the complainant perforce has filed this complaint against the opposite party.

3        Notice of this complaint was sent to the opposite party but the opposite party has refused to receive the notice of this case. The opposite party has been duly served in this case but the opposite party did not appear and consequently, the opposite party was proceeded against exparte vide order dated 30.8.2018.

4        In order to prove his case, the complainant has tendered in evidence his affidavit Ex. C-1 alongwith documents Ex. C-2 to Ex. C-7 and closed his evidence.

5        We have heard the complainant and have also carefully gone through the evidence and documents on the file.

6        The complainant has contended that he has purchased a Diamond Ring from the opposite party in his name on 15.10.2016 and cash payment of Rs. 38,000/- was made at complainant’s residence at Amritsar and the opposite party has issued a Kachi receipt dated 15.10.2016 to the complainant which is on the letter head of the opposite party and same is Ex. C-2. At the time of purchase of ring, the opposite party neither provided the original Bill nor any authenticity certificate (ISO certificate) alongwith implied condition and warranty.  The complainant has placed on record one affidavit of Baljinder Singh son of Ajit Singh Ex. C-7 in which he pleaded that a Diamond Ring was purchased by Manohar Singh in his presence from Sh. Bhupinder Singh Prop. Mallaha Jewellers & Mallaha Enterprises of village Takhtu Chak, Tehsil Khadoor Sahib District Tarn Taran on 15.10.2016 for Rs. 38,000/-. Baljinder Singh has also pleaded in his affidavit that a Kachi (ordinary) receipt was given by the seller for the money received by him in cash. He further pleaded in his affidavit that Bhupinder Singh promised to give pacca Bill, authenticated (ISO) certificate and guarantee of the ring.   The complainant further contented that the ring got damaged within a month of its purchase and the complainant approached the opposite party with regard to either replace the ring or to return the cost of the ring. But the opposite party refused to do so with an excuse that the original bill and the authenticity certificate regarding the purity of the ring has been misplaced and when he will be able to find the bill and certificate, the next step will be taken in the matter. The complainant has also brought on record one document of other gold smith Ex. C-6 which is showing the costs of ring as Rs. 18,150/-. It also shows that the opposite party has received excess amount from the complainant qua the above said ring. The complainant sent a legal notice dated 19.2.2018 to the opposite party through his counsel Sh. Sanjeev Prashar Advocate which is Ex. C-5 and the complainant has also brought on record one envelop of postal authority which shows that the opposite party has refused to receive the registered cover sent by the complainant through his counsel.  The complainant has also contended that this act of the opposite party amounts to deficiency in service, unfair trade practice and prayed that the present complaint may be allowed as prayed for in the complaint.

7        The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Party is proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was given to the Opposite Party and opposite party refused to receive the same and has not appeared in the Forum in order to contest the complaint which shows that the Opposite Party has nothing to say upon the allegations leveled against him by the complainant. As such, the complainant is entitled to the relief claimed in the complaint and it stands established on record that opposite party by selling a defective gold ring to the complainant, not only committed deficiency in service, but also indulged in an unfair trade practice.             

8        In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite Party. Opposite Party is directed to refund Rs. 38,000/- (Rs. Thirty eight thousand only), within one month from the receipt of copy of the order. However, the complainant is directed to return the above said ring to the opposite party at the time of payment.  The complainant is also entitled to Rs.5,000 /- (Five thousand only) as compensation on account of harassment and mental agony and Rs2,000/- (Rupees Two thousand only) as litigation expenses. Opposite Party is directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation.  Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.