This C.C. is coming on before us for hearing in the presence of Sri. B. Narasimha Reddy, Advocate for complainant; and of Sri. M. Niranjan Reddy, Advocate for opposite party; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following:-

O R D E R

(Per Sri R.Kiran Kumar, Member)

          This Complaint is filed u/s.12-A of Consumer Protection Act, 1986. 

2.       The averments made in the complaint are that the complainant joined as member in the Monthly Lucky Scheme run by opposite party and agreed to pay Rs.800/- per month and paid 9 installments.  The complainant submitted that he made an order for 91.6 KDM Black Beads Gold Chain weighing 3.5 Tulas i.e. 30 gms on 20-01-2011 and the opposite party prepared the same and handed over the chain on 14-02-2011 weighing 32.600 gms at cost of Rs.70,008/- out of that the complainant had paid an amount of Rs.40,000/- and thereafter, he paid the balance amount in installments to the opposite party.  The complainant further submitted that in the year 2012 one of the Link Black Beads Gold Chain was cut off and to attach the same he took the Gold Chain into gold shop in Aswapuram, at that time the worker of the gold shop said that the Black Beads gold chain is not that of KDM gold ornament and for confirmation again the complainant went to the Gemini Jewellery shop at Manuguru where the chain was tested and informed that the purity of the gold is 74% to 80% only and when the complainant asked for the purity certificate,  they denied to give the same, the complainant went to Vijayawada where it was found that the gold chain is not of KDM gold ornament and issued certificate to the said effect. The complainant further submitted that on 13-08-2012 the complainant approached the opposite party and questioned about the cheating, upon which, the opposite party requested not to make any ‘Galata’ and promise to replace the same.  Accordingly the complainant handed over the same to the opposite party on the same day i.e. on 13-08-2012.  The complainant further submitted that inspite of many approaches by him, the opposite party did not choose to hand over New gold 91.6 KDM Black Beads gold chain and has been postponing the same on one pretext or the other, vexed with the evading attitude the complainant got issued legal notice on 17-06-2013 for New gold chain, the opposite party having acknowledged the notice and gave an evasive reply.  The complainant further submitted that the opposite party ought to have supply the gold chain as undertaken but because of the inferior quality of the chain, the complainant not only suffered mentally and also he incurred Rs.5,000/- for confirmation of the purity of the gold chain supplied by the opposite party, which amounts to deficiency of service on the part of opposite party for that the complainant approached the Forum.

3.       On behalf of the complainant, the following documents were filed and marked as Exs.A.1 to A.5. 

4.       On receipt of notice, opposite party failed to file counter and no documents filed.

5.       Upon perusing the material papers on record now the point that arose for consideration are,

i) Whether there is any deficiency of service on the part of opposite

    parties?

ii) To what relief?

Point:-

i)        In this case the complainant joined as member in monthly lucky scheme run by opposite party and agreed to pay Rs.800/- per month and paid 9 installments.   According to the complainant he made an order for 91.6 KDM Black Beads Gold chain weighing 3.5 tulas i.e. 30 gms on 14-02-2011 the opposite party handed over the chain weighing 32.600 gms at cost of Rs.70,008/-.  According to the complainant in the year 2012 one of the link black Beads gold chain was cut off and to attach the same he took the gold chain into gold shop in Aswapuram at that time the worker of gold shop said that the gold chain is not that of gold ornament and to confirm the same the complainant went to Gemini Jewellery shop at Manuguru where the chain was tested and informed that the purity of the gold chain is 70 to 80% only and they denied to issued purity certificate, for that the complainant went to Vijayawada where it was found that the gold chain is not of KDM gold ornament  and issued certificate to that effect.  According to the complainant on 13-08-2012 he approached the opposite party and questioned about the cheating and the complainant handed over the gold chain in the shop of the opposite party to replace the same, but the opposite party failed to hand over the new gold 91.6 KDM Black Beads gold chain and postponing the same as such the complainant approached the Forum for redressal.

          From the documents and material available on record, we observed that the complainant purchased 91.6 KDM Black Beads gold chain from the opposite party, the link of Black Beads gold chain was cut off and to attach the same, when he approached the gold shop in Aswapuram, the worker of the gold shop informed that the Black Beads gold chain is not that of KDM gold, for that he made gold check at Pawan Gold check and Sri Datta Gold Check at Vijayawada on 27-06-2012 and on 28-06-2012 and came to know to that the purity of the Gold is 70 to 80% only and immediately he approached the opposite party on 13-08-2012 by handed over the same.  And also we observed that the complainant issued legal notice to the opposite party demanding to handover New 91.6 KDM Black Beads gold chain.  After receiving notice from the complainant the opposite party failed to give reply, receiving notice from this Forum the opposite party simply filed Vakalath through his advocate and even after giving so many adjournments failed to answer his version and kept silent is nothing but deficiency of service on the part of opposite party as such this point is answered accordingly in favor of the complainant.    

6.       In the result, the complaint is allowed in part directing the opposite party to handover the New KDM gold ornament weighing of 32.600 gms. and also directed to pay Rs.5,000/- towards damages and costs. The opposite party is directed to hand over the same within one month from the date of receipt of this order. 

          Typed to dictation, corrected and pronounced by us in the open forum, on this the 30^th day of October, 2015.

       Member                  FAC President             

District Consumer Forum, Khammam

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Complainant                                                       For Opposite party    

       -None-                                                                           -None-

DOCUMENTS MARKED

For Complainant                                                       For Opposite party

     Member                  FAC President              

District Consumer Forum, Khammam