Orissa

Cuttak

CC/19/2021

Miss Urmila Acharya - Complainant(s)

Versus

Bisandayal Inderchanda Jewellers - Opp.Party(s)

Self

05 Apr 2022

ORDER

 IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                                C.C. No.19/2021

            Miss Urmila Acharya,

D/o:Late Sashiu Bhusan Acharya,

Tulasipur Police Colony,Baramania Tota,

Cuttack-753008,Odisha.                                                          ... Complainant.

 

                                                Vrs.

Bishandayal Inderchand Jewellers,

Manufacturer of Gold,Diamond and

Silver Filgree Jewellery,

Bishandayal Market, Nayasarak,

Cuttack-753002,Odisha,                                                           ... Opp. Party.

 

Present:               Sri Debashis Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing  :  03.02.2021

Date of Order: 05.04.2022

 

For the complainant: Self.

For the O.Ps:                      None.

Sri Sibananda Mohanty,Member.

            The complainant has filed the present case against the O.P alleging deficiency in service as well as unfair trade practice adopted by the O.P.

2.  The complainant’s case is that she had purchased a gold chain from the O.P on 4.1.2020 weighing 5.060 gms.  amounting to Rs.21,000/- with the assurance to exchange the same if it would be shorter in size.  The O.P has not issued proper receipt to the complainant.  Later, on her demand for proper receipt, the O.P did not listen for the same.  The complainant went to the O.P for return of the said gold chain as it was short in length.  She visited the O.P’s showroom 15 times for proper money receipt as well as exchange of the gold chain but the O.P neither exchanged the same nor gave any proper receipt.  Hence she has filed the present case for exchange of the said gold chain and to give her compensation of Rs.10,000/- towards her mental agony and harassment.

            3.  In spite of notice, the O.P did not appear.  Hence, he was set exparte.

4.  The complainant proved the fact that she had purchased the gold chain weighing 5.060 gms. for a consideration of Rs.21,000/-.  The hand receipt carrying the seal and signature therein as explained by the complainant belongs to the O.P.  Hence she proved the fact that she had purchased the gold chain from the O.P. but the O.P had not issued any    proper money receipt to her showing price of gold  in the said chain, making charges and GST as well as other taxes.

5.  In the absence of the O.P. who, though had received the notice but had not appeared nor contested the case, this Commission can safely conclude that the averments made in the petition of the complainant are found to be true and trust-worthy.  Accordingly, this Commission directs the O.P,            Bishandayal Inderchand Jewellers to take back the gold chain and return the money taken from the complainant, to the complainant of this case forthwith and also to pay a compensation of Rs.10,000/- towards compensation to the complainant within a period of 30 days from the date of receipt of copy of this order.

Order pronounced in the open Court on this the 4^th day of April,2022 under the seal and signature of this Commission.

                                                                                                                                  

                                                                                                                                Sri Sibananda Mohanty

                                                                                                                                           Member.

 

                                                                                                                                Sri Debashis Nayak

                                                                                                                                         President.