DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

                                  Consumer Complaint No.500 of 2015

                                                Date of institution:  06.10.2015                                                 Date of decision   :  01.06.2017

Jarnail Singh son of Sada Singh, resident of village Chaumajra, Tehsil and District, SAS Nagar (Mohali).

……..Complainant

                                        Versus

Karan Jewellers, Main Bazar, Banur, District SAS Nagar (Mohali) through its Proprietor Harpreet Singh son of Manjeet Singh.

                                                              ………. Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum

Shri Ajit Pal Singh Rajput, President 

Shri Amrinder Singh Sidhu, Member         

Mrs. Natasha Chopra, Member

Present:    Shri S.S. Lakha, counsel for the complainant.

                None for the OP.

ORDER

By Ajit Pal Singh Rajput, President

                Complainant Jarnail Singh has filed this complaint against the Opposite Party (hereinafter referred to as the OP) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.             The complainant approached the OP for making gold ornaments for marriage of his daughter which was to be held on 17.11.2013. The complainant booked 10 tolas of gold on 23.10.2013 and gave to the OP Rs.20,000/-as advance money on 26.09.2013. Again an amount of Rs.30,000/- was given to the OP on 19.10.2013 and Rs.50,000/- was also given on the demand of the OP.  The complainant had paid a total amount of Rs.1.00 lakh to the OP for making gold ornaments weighing 10 tolas for his daughter.  The OP had given a handwritten slip regarding receipt of the amount from the complainant. The OP assured that the ornaments would be delivered to the complainant well before the marriage. After payment of Rs.1.00 lakh to the OP, the complainant visited his shop many a times but the OP always assured the complainant that the ornaments would be delivered to the complainant well before 17.11.2013. However, the OP did not deliver the ornaments by 17.11.2013 and showed his inability. The complainant sought refund of Rs.1.00 lakh which he has paid to the OP but the OP assured to return the amount within a month. The complainant arranged Rs.1.00 lakh from his relatives and purchased the gold ornaments for marriage of his daughter. Thereafter, the complainant has visited the OP number of times but the amount has not been returned to him.   Hence this complaint for giving directions to the OP to refund to the complainant Rs.1,00,000/-; to pay him Rs.50,000/- as compensation for mental and physical harassment and Rs.10,000/- as litigation expenses.

3.             Upon notice the OP caused appearance and filed written statement by taking preliminary objections that the complaint is not maintainable before this Forum because the OP is not a gold dealer but is gold smith and prepare ornaments on order. The complainant approached the OP on 26.09.2013 but did not disclose the items which were to be made of 10 tolas of 23 Carat. The complainant also did not inform the OP about the date of marriage of his daughter. The OP had been contacting the complainant for intimating the items to be made but the complainant dilly dallied on one pretext or the other. The OP is still ready to give 10 tolas of gold of 23 Carat to the complainant on receipt of balance sale price i.e. Rs.27,300/-. On merits, it is pleaded that after depositing Rs.1.00 lakh with the OPs the complainant never visited the shop of the OP and due to this the OP could not prepare the gold ornaments. The present complaint has been filed just to harass the OP. Thus denying any deficiency in service on its part, the OP has sought dismissal of the complaint.

4.             In order to prove the case, the complainant tendered in evidence his affidavit Ex. CW-1/1; copies of marriage card Ex.C-1; receipt Ex.C-2 and visiting card Ex.C-3.     After filing the reply on 29.01.2016 none appeared for the OP and evidence of the OP was closed by order on 21.12.2016.

5.             Learned counsel for the complainant has argued that despite receipt of Rs.1.00 lakh, the OP did not prepare the gold ornaments for the marriage of daughter of the complainant to be held on 17.11.2013. The complainant had to arrange gold ornaments by taking loan from his friends for the marriage of his daughter which has caused lot of mental agony and harassment to the complainant. Learned counsel has thus argued the complainant deserves to be compensated by allowing the present complaint.

6.             We have gone through the pleadings, evidence and written as well as oral arguments of the counsel for the complainant. The OP has admitted in the written statement that it has received Rs.1.00 lakh from the complainant for preparing the gold ornaments.  The complainant has produced copy of marriage card of his daughter Ex.C-1 to prove that the marriage of his daughter was fixed for 17.11.2013. There is handwritten receipt of the OP Ex.C-2 which proves that the OP has received Rs.1.00 lakh from the complainant for 10 tolas gold.  Ex.C-3 is the visiting card of the OP which has been produced by the complainant. The OP has taken the stand in written statement that it is ready to prepare the gold ornaments if the complainant makes the balance payment of Rs.27,300/-.  However, since the marriage of the daughter of the complainant has been solemnized, the complainant has pleaded that he should be got refunded the amount from the OP. Thus, non delivery of gold ornaments on the occasion of marriage of daughter of the complainant is an act of deficiency in service on the part of the OP.

7.             Accordingly, in view of our aforesaid discussions, the present complaint is allowed with the direction to the OP to refund to the complainant Rs.1,00,000/- (Rs. One lakh only) alongwith interest @ 9% per annum w.e.f. 17.11.2013, (the date when the ornaments were to be handed over to the complainant), till actual payment. The OP should also pay to the complainant a lump sum compensation of Rs.25,000/- (Rs. Twenty five thousand only) for mental agony, harassment and costs of litigation.

                The arguments on the complaint were heard on 17.05.2017 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 01.06.2017    

                                         (A.P.S.Rajput)           

President

 (Amrinder Singh Sidhu)

Member

(Mrs. Natasha Chopra)

Member