Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.07.2017
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to deliver the miscellaneous items (916 HM) to the complainant at the price /value as mentioned in voucher dated 23.04.2013.
- To direct the opposite parties to pay Rs. 50,000/- ( Rs. Fifty Thousand only ) as compensation.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as Litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that opposite party no. 2 gave an advertisement that rate of 10 gm gold is Rs. 28,200/- and making charges is zero. The complainant believed the said advertisement and approached opposite party no. 1 for purchasing the gold items as will appear from annexure – 1.
The complainant has further asserted that he paid the amount of Rs. 2,00,000/- as advance to the opposite party no. 2 and accordingly opposite party no. 2 issued a voucher bearing voucher memo no. 0163 dated 23.04.2013 in which it is stated that total price value of miscellaneous items (916 HM) is Rs. 3,90,150/- and the amount of Rs. 2,00,000/- has been paid by the complainant to the opposite party no. 2 as advance as will appear from annexure – 2. On plain reading of voucher dated 23.04.2013, it appears that making charge of miscellaneous items (916 HM) is zero and the complainant was assured by opposite party no. 2 that no making charges will be taken by the complainant.
It is further asserted by the complainant that on 24.04.2013 the complainant approached the opposite party no. 2 and requested him to receive the balance amount of consideration amount from the complainant and deliver the miscellaneous items (916 HM) to the complainant but the opposite party no. 2 failed to deliver the goods on one pretext or other then the complainant lodged the complaint with the opposite party no. 2 and requested him to redress the grievance of the complainant and deliver the said item after receiving the remaining amount of Rs. 1,90,150/- but opposite party no. 2 ignored the request made by the complainant.
The grievance of the complainant is that uptill now no action has been taken by the opposite party no. 2 to redress the grievance of the complainant.
From record it appears that when the registered notice sent to opposite parties did not returned unserved then vide order dated 22.02.2016 the tamila was declared valid and several adjournments were given to opposite parties to file written statement. When the opposite parties neither appeared nor filed written statement then this case was heard ex – parte.
It goes without saying that as the complainant has stated aforementioned facts in the complaint on the solemn affirmation and there is no counter version of the opposite parties, hence we have no option but accept the facts asserted by complainant which clearly disclose deficiency on the part of opposite parties.
For the discussion made above we direct the opposite parties to deliver the miscellaneous items (916 Hm) to the complainant which opposite party no. 2 has mentioned in annexure – 2 within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite parties will pay 10% interest on the amount of Rs. 2,00,000/- ( Rs. Two Lacks only ) from the date of issuance of voucher memo no. 0163 dated 23.04.2013 till its final payment is made.
Complainant is also directed to pay the rest amount of miscellaneous items (916 Hm) as mentioned in annexure – 2 i.e. Rs. 1,90,150/- ( Rs. One Lacks Ninety Thousand One Hundred Fifty only ) to opposite parties at the time of receiving the said miscellaneous items (916 HM).
Opposite parties are further directed to pay Rs. 5,000/- ( Rs. Five Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Accordingly this complaint stands allowed to the extent referred above.
Member President
