This case is coming for final hearing on 13-06-2014 in the presence of Sri Kurma Appala Raju Advocate for the Complainant and Opposite Party called absent and set exparte and having stood over till this date, the Forum delivered the following.
: O R D E R :
(As per Smt. K.V.R.Maheswari, Honourable President(FAC) on behalf of the Bench)
1. The case of the complainant is that the opposite party is a goldsmith and the complainant approached the opposite party and requested to make gold bangles, rings and bracelet and also gave 24 carets of gold weighing 110grams(916) and the said gold was received by the opposite party and also agreed to make those ornaments with a condition that one gram gold is for wastage and the labour charges are Rs.1,000/-, the complainant agreed for the same and the cost of gold is Rs.3,10,000/- at the time of agreement. The Complainant and the opposite party entered into an agreement on 06.01.2012. Wherein it was clearly mentioned that the opposite party agreed to deliver the said ornaments within 4 months, if he fails to return the ornaments agreed to pay Rs.2/- interest per month on the value of the gold. The complainant stated that the opposite party not delivered the ornaments to the complainant inspite of repeated demands made by him and more over giving vague replies. Finally the opposite party stated that he has not having gold with him and whenever he will clear gold he will return it. On 25.03.2012 the opposite party informed that the workers are not coming regularly and they went to their native place and hence he could not deliver the ornaments in time and paid a sum of Rs.2,42,000/- towards part payment and the same was endorsed in the agreement. After that the opposite party failed to pay the balance amount even after so many requests made by the complainant. Finally, the Complainant issued a registered lawyer’s notice on 15.04.2013 to pay the balance amount with interest as per the agreement and the same was received by the opposite party but there was no reply from them. The acts of the opposite party causes severe mental agony and financial hardship to the complainant. Hence, this complaint to direct the opposite party;
a) to repay an amount of Rs.68,000/- with interest at 24% p.a.
b) to pay Rs.50,000/- towards compensation besides costs.
2. On the otherhand, the opposite party received the notice issued by the Forum but called absent and set exparte.
3. At the time of enquiry, the Complainant filed evidence affidavit and written arguments along with documents which are marked as Ex.A1 to A3. Heard the complainant who reiterated his eversion.
4. In view of the respective contentions, the point that would arise for determination is:-
Whether there is any deficiency in service on the part of the opposite party, if so can the complainant entitle for the reliefs prayed for?
5. As per Ex.A1 i.e., agreement between the complainant and the opposite party dated 06.01.2012 clearly mentioned regarding the details of ornaments and the weight of 24 carets gold, repair charges and the time for making ornaments, those are Bangles, rings and bracelets. It is also mentioned in that agreement about the time for deliver the ornaments is within four months, failing which the opposite party has to pay Rs.2/- towards interest per month on the value of the gold. The version of the complainant is that the opposite party failed to deliver the ornaments within time and he made requests several times, then, the opposite party made part payment on 25.03.2012 which was endorsed in Ex.A1 and the opposite party promised to pay the balance amount but failed to do so. Ex.A2 is the lawyer’s notice issued by the complainant on 15.04.2013 and the same was acknowledged by the opposite party i.e., Ex.A3. The opposite party failed to pay the balance amount to the complainant.
6. It is to be noted that the notice issued by the Forum was served to the opposite party, but he did not choose to attend before the Forum abd called absent and set exparte. These acts of the opposite party clearly show the deficiency of service on his part. The opposite party failed to deliver the ornaments in time to the complainant and also failed to pay the total amount made by the complainant, no doubt that the complainant suffered financially and mentally because of the acts of the opposite party. Hence, the complainant can claim balance amount of Rs.68,000/- with 9% p.a. interest from the date of agreement i.e., 06.01.2012 till the date of payment besides that the opposite party has to pay compensation of Rs.5,000/- towards compensation besides costs.
Accordingly, this point is answered.
7. In the result, the complaint is allowed directing the opposite party to pay Rs.68,000/- with 9% p.a. interest from 06.01.2012 to the complainant within one month, failing which to pay the same with 12% interest till the date of payment and further directed to pay Rs.5,000/- towards compensation besides costs of Rs.1,000/-.
Dictated to the Shorthand Writer, transcribed by her, corrected and pronounced by us in the open Forum on this the 20th day of June, 2014.
Sd/- Sd/-
Member President (FAC)
District Consumer Forum-I
Visakhapatnam
APPENDIX OF EVIDENCE
Exhibits Marked for the Complainant:
Ex.A1. | 06.01.2012 | Agreement between the complainant and the opposite party. | Original |
Ex.A2. | 15.04.2013 | Lawyer’s notice | Office copy |
Ex.A3. | | Acknowledgment | Office copy |
Exhibits Marked for the Opposite Party:
NIL
Sd/- Sd/-
Member President (FAC)
District Consumer Forum-I
Visakhapatnam
