Present :      Sri A.K. Das,  President

                    Sri L.K. Banerjee, Member

                    Smt. J. Saha,  Member

Order no. 27    dt. 25/04/2008         

          The petitioner in this consumer complaint has prayed for return of photograph with affidavit and compensation and other consequential reliefs in the following backdrop.

          The petitioner and his wife planned to commemorate the silver jubilee years of their married life (15.8.02 to 14.8.03)  through silver memento in the form of a silver plate with their names and span of married life engraved thereon. The engraving and their photographs were to be enameled in the plate in pomegranate seed colour reminiscent of colour of the dress of a Bengali Hindu bride.

          For the above purpose petitioner called at the o.p. on 7.8.02. He discussed the end product and then made an advance of Rs.500/-, annex-C, and placed order for the plate. The o.p. did part of the work on 26.9.02 excepting enameling.

          On 4.1.03 petitioner met o.p. and discussed he end product with the work man. The petitioner handed over to o.p. their photograph, plate and a rough sketch of what the end product would be. The petitioner also purchased a silver box and handed over it to o.p. for engraving and enamelling their names / span of married life. Annexure-E is the acknowledgement showing receipt of one plate and box for mina and lettering.

          The o.p. did not execute the work in time notwithstanding petitioner’s personal visit, telephonic persuasion and series of letters, annex-F to N, of which o.p. gave no reply. Even o.p. did not start work after expiry of two months from 4.1.03.

          At last the petitioner placed an order on 7.8.03 with Binod Behari Dutta for another silver plate with suitable engraving studded with semi precious stones. Delivery was given within seven days on 14.8.03, annex-D, just on the terminal date of petitioner’s marriage silver jubilee anniversary year.

          Thereby petitioner has demanded Rs.4125.25 being the expenses the petitioner insured for two silver items, annex-C & D, which has been wasted due to deficiency of the o.p. and the items have their lost value to the petitioner, Rs.3026/- towards cost of correspondences, annex-F to N, return of the photograph undamaged along with affidavit describing steps  o.p. too with effect from 4.1.03 until return and compensation for harassment, insult.

          In the w/v it is admitted that petitioner came to the shop of o.p. on 4.1.03 gave order for mina on silver plate and purchased silver box for engraving letters on the box as per his instruction.

          The o.p. has contended that petitioner did not pay any advance for he above job in spite of demand. Entire job as instructed by complainant was completed within Feb 2003 and intimation was given to the petitioner over phone for inspection. The petitioner was asked to take delivery by 15.2.03 making payment of Rs.4057.10.

          It is further submitted that petitioner has sent letters on 31.3.03, 12.3.03, 24.3.03, 27.3.03 making frivolous allegations with ulterior motive. 

          On 2.4.03 o.p. has sent letters, annex-A, intimating the petitioner / complainant to step in the shop and to take the silver plate and box duly engraved with mina and lettering thereon after making payment of Rs.4057.10.

          The petitioner/complainant is frivolous once. He is liable to pay charges Rs.4057.10 along with interest and compensation.

          It is appearing from record that o.p. has filed w/v supported by affidavit. As o.p. was not appearing complainant had no opportunity to cross examination him to testify the veracity of the statements made in the w/v.

          The copy of the amendment of consumer complaint was duly served but no amendment as prayed for was allowed. Thereafter o.p. has prayed for filing objection. The forum rightly rejected the prayer.

          No materials are before the forum that o.p. duly replied the correspondences of the petitioner and the complainant has received the leter, annex-A, of the o.p.

          The o.p. has categorically submitted in the w/v that he completed the job by Feb 2003 and asked the complainant to take delivery but such version was not duly proved to the satisfaction of the forum and complainant has no opportunity to cross examination the o.p. as he was absent.

          Petitioner has filed this complaint on 26.8.04 after expiry of their silver jubilee year (15.8.02 – 14.8.03) as he did not get the job done within the said period.

          After receiving notice o.p. appeared on 28.9.04 and filed their w/v on 4.1.05.

          It is not established to the satisfaction of the forum that they did the job by Feb 2003 and petitioner did not take delivery for some ulterior motive.

          Now the o.p. is ready to deliver the memento as ordered which has frustrated the object of the petitioner. Thereby such conduct o.p. is definitely deficiency in service for which the petitioner / complainant is entitled to compensation.

          Considering the facts and circumstances the consumer complaint succeeds and it is awarded in the following terms.

          The o.p. is directed to refund the silver plate, photograph silver box to the petitioner, to pay compensation (Rs.12000 – Rs.4057) cost incurred by o.p. and litigation  cost Rs.1000/- (Rupees one thousand) only within two months failing which o.p. shall be liable to pay an interest @ 8% p.a. till realization of amount payable by the o.p.

          Let copy of this order be supplied to the parties free of cost.

            Member                                    Member                                  President