Date of Filing: 09/02/2024
Date of Judgement : 03/12/2024
Sri Manish Deb, Hon’ble Member
That the complainant is residence of A/115 Baghajatin, Post Office and Police Station Jadavpur Kolkata – 700 032 and a practicing advocate at Calcutta High Court for 20 years.
That opposite party No.1 is a sole proprietorship concern engaged in the business of jewellery represented by opposite party No.2 having its registered address at 105/2/1, Raja S.C.Mallick Road, Post Office and Police Station Jadavpur Kolkata 700 047.
That on 29-10-2022 the complainant has ordered for making of 3 (three )finger rings and the opposite party No.2 who claimed Rs.500/- from the complainant as making charges for each gram of gold for making said finger rings and accordingly the complainant deposited Rs.2000/- to opposite party No.2 as advance for making charges for this purpose.
That on the same day the OP No.2 issued a receipt acknowledging his job and advance for making of Rs.2000/-deposited gold also.
That after expiry of more than one year the opposite party preferred to sit idle in spite of completion of his job.
That thereafter the complainant visited several time to the shop of opposite party and the opposite party assured every time to complete his job but till date the complainant did not receive the service as ordered by her.
That there after the complainant further requested the opposite party to return the gold and advance for making charges paid by the complainant but the opposite party did not pay any heed either to return the same or to complete his job.
Lastly on 18-12-2023, the complainant served a legal notice through her Advocate to the opposite parties and the ops unobtrusively chose to remain silent this time too in respect of completion of his job or return back the gold and advance making charges lying with ops.
The continuous refusals and/or avoidance of completion of his job or return the gold and advance making charges lying with him till date which shows the deficiency in service as well breach of agreement on the part of OPS.
That the complainant states that opposite parties have been grossly neglecting and avoiding to complete of his job as per the stipulated conditions as contracted for and have thus caused loss, injury and damages in monetary terms and caused harassments and mental agony to the complainant.
The Complainant was compelled to lodging this complaint before Commission for order of return back of the advance the 6 grams of Gold lying with the custody of opposite party/es or return the gold and advance wages lying with him and is still continuing cause of action from day to day.
The complainant files herewith copy of money receipts dated 29-10-2022, advocate’s letter along with postal receipts dated 18-12-2023 and Aadhaar Card for Hon’ble’s perusal.
Complainant therefore prays for :
For passing an order directing the OPs to return the sum of Rs.2,000/- and to pay the interest@10% p.a. on the above advance money from 29-10-2022.
For prays for an order on the opposite parties to hand over the 6 grams of gold lying in the custody of opposite parties.
Award for damages for suffering mental agony and harassment suffered from the ends of opposite parties for not taking any step for completion of his job or return the gold and advance making charges lying with him which is assessed at Rs.35,000/-.
For passing an order directing the opposite parties to pay Rs.10,000/- for cost of the case.
Since all the OPs failed to contest the case by filing written version within the statutory period, the case proceeded ex parte against all the OPs.
DISCUSSIONS AND FINDINGS
The complainant filed Affidavit-in Chief and BNA in course of proceedings and argument.
We have carefully gone through materials on record as well as verbal submission of the complainant. It is evident from the documents filed by complainant along with the petition of complaint that the complainant That the complainant ordered for making 3 finger rings and the opposite party No.2 who claimed Rs.500/- from the complainant as making charges for each gram of gold for making said finger rings and accordingly the complainant deposited Rs.2000/- to opposite party No.2 as advance for making charges for this purpose and deposited gold
The said it is evident from the record number of occasions assured by the op to the complainant to provide necessary service but failed to make the jewellery as per ordered by the complainant.
Thus, OP did not contest the case by filing written version within the stipulated period, the case of the complainant together with the documents and arguments remains unchallenged.
In view of the above, it is observed that the complainant has successfully established its case to the effect that major deficiency in service exists on the part of the OPs and therefore deserves an order directing the OP to return Back the Rs. 2000 with interest and also hand over the six gram gold lying in the custody of the opposite party with award for damage suffering mental agony and harassments and compensation of Rs.35,000/- for deposited gold and litigation cost of Rs.10,000/-.
Hence
It is
ORDERED
CC No.71 /2024 be allowed ex parte against all OP with cost.
- The OP is directed to pay or return Back of Rs. 2000/- with interest @ Rs. 12% pm to the complainant within 60 days from the date of this order.
- The OP also directed to hand over the 6 six gram of gold lying in the custody of the opposite party and pay compensation of Rs.15,000/- for harassment and mental agony to the complainant together with cost of litigation of Rs.10,000/- within 60 days from the date of this order.
In the event of non compliance by the OPs, the complainant shall be at liberty to initiate necessary action as per law after expiry of the aforesaid period.
Dictated and corrected by
Member
