DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088

CC No: 1147/2015

SONIA W/o Sh. Bunty Singh

B 335, Gali No.7, Shalimar Village

Delhi-88

                                                                                        … COMPLAINANT

Versus

K.K. Jewellers

Through Prop.

72, AL, Shopping Centre, Ist Floor

Shalimar Bagh, Delhi-88                                            … OPPOSITE PARTY(ies)

CORAM:   SH. M.K. GUPTA, PRESIDENT

                SH. BARIQ AHMAD, MEMBER

                  Date of Institution: 05.10.2015

Date of Decision: 03.10.2016

 ORDER

SH. M.K. GUPTA, PRESIDENT

1.       Ms. Sonia has filed the present complaint against M/s K.K. Jewellers on the allegation that on the verbal assurance of OP she deposited an amount of Rs.20,000/- (Rs.1000/- pm) with the OP till 10^th May, 2015 but the OP has neither refunded the said amount of Rs.20,000/- nor delivered to her one pendant set which was promised to be given by the OP. Thus in the complaint, the complainant has prayed for refund of Rs.20,000/- with interest or gold as promised by the OP.

2.       It is not out of place to mention here that initially the complaint was filed against M/s. K.K. Jewellers only but subsequently complainant moved an application dated nil to implead the proprietor of M/s K.K. Jewellers as OP and the said application was allowed by the order dated 27.11.2015.

3.       Notices were issued to the OP and were delivered to OP through speed post on 04.11.2015 and 07.01.2016 as per track report. But none on behalf of OP appeared and as such the OP was proceeded ex-parte vide order dated 02.03.2016.

4.       In order to prove the case the complainant filed her affidavit in evidence. In her affidavit the complainant has also submitted that the OP is guilty of deficiency in service and unfair trade practice and is liable for payment of Rs.20,000/- with interest from the date of purchase as well as compensation of Rs.50,000/- for causing mental agony, physical harassment and has also claim and amount of Rs.1100/- as litigation cost. The complainant has also filed her written arguments.

5.       We have gone through the record, the complaint, the evidence of the complainant in the light of provisions of Section 12 of the Consumer Protection Act, 1986. For the sake of convenience relevant provisions of sections 2 (d) & 12 of the Consumer Protection Act, 1986 are reproduced here as under:

Section 2 (d) “consumer means any person who,-

(i)       buys any goods for a consideration which has been paid or promised pr partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii)      hires or avails of any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who hires of avails of the services for consideration paid or promised, or partly paid or partly promised or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who avails of such services for any commercial purpose;

Section 12:          Manner in which complaint shall be made- (1) A complaint in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided may be filed with a District Forum by:

1. The consumer to whom such goods are sold or delivered or agreed to be sold or delivered or such service provided or agreed to be provided;
2. Any recognized consumer association whether the consumer to whom the goods sold or delivered or agreed to be sold or delivered or service provided or agreed to be provided is a member of such association or not;
3. One or more consumers, where there are numerous consumers having the same interest, with the permission of the District Forum, on behalf of, or for the benefit of, all consumers so interested; or
4. The Central Government or the State Government, as the case may be, either in its individual capacity or as a representative of interests of the consumers in general.

6.       In support of her submissions, the complainant placed on record one Photostat copy of receipt issued by M/s. K.K. Jewellers which shows that the complainant has continuously deposited an amount of Rs.1000/- per month w.e.f. 21.10.2013 will 10.05.2015.

7.       But a perusal of the alleged receipt placed on record by the complainant does not show that the OP has sold any gold item or has promised to give any gold item after deposit of Rs.20,000/- by the complainant. This document can merely be considered as a receipt. Moreover this document does not show that there is any deficiency in service or unfair trade practice, as this receipt does not contain any averment from the OP to that effect.

8.       In the light of the above discussion, we are of the opinion that there is no cogent evidence placed on record by the complainant in support of her case. Accordingly we did not find any merit in the complaint and is dismissed.

File be consigned to record room.

Announced on this __________________

BARIQ AHMAD                                                                  M.K. GUPTA

  (MEMBER)                                                                      (PRESIDENT)