DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

                                                              SOUTH 24 – PARGANAS,

                                        AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 144

                                                           C.C. CASE NO. 126 OF 2019

DATE OF FILING: 05.08.2019                                                    DATE OF JUDGEMENT: 25.11.2019

Present                      :   President       :   Ananta Kumar Kapri

                                        Member         :   Jhunu Prasad

                                        Member         :   Jagadish Ch. Barman                                  

COMPLAINANT              :    Debasis Chakrabortty , Vill. + P.O. – Netra, P.S. – Diamond Harbour, Dist. – South 24 Parganas, Pin - 743368. 

• VERSUS  -

O.P/O.Ps                         : 1.    Mr. Sujoy Bannerjee, Monikanchan Jewellers, P.O. + P.S. – Diamond Harbour, Dist. – South 24 Parganas, Opposite of Bata Petrol Pump, Pin – 743331.

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JUDGMENT

Sri Ananta Kumar Kapri, President

Facts leading to the filing of the instant case may be epitomized as follows.

The complainant as above named wanted to manufacture a pair of gold ornaments namely “Tai”, weighing 3 grams for himself and therefore he entrusted the O.P. who is a Jeweller, with the task of manufacturing that ornament. For the purpose of manufacture of that ornament, he also delivered Rs. 7,100 to the O.P. and an amount of gold weighing 780 milligrams on 22.09.1424 BS. But the O.P. has reneged from his promise; he has neither returned the money nor the gold received from the complainant nor has delivered the new gold ornament as yet. Complainant requested to deliver the new gold ornament to him. But his request has also failed to evoke any response on the part of the O.P. and therefore the complainant has come up before this forum with the filing of the instant case praying for passing order directing the O.P. to refund the amount paid to him and also the gold delivered to him and also for payment for compensation for mental agony and harassment caused to him.

Notice of the case has been served upon the O.P. on 23.09.2019 as goes the postal track report. He does not appear before the forum, not does he file W/V to contest the case within the statutory period. Therefore, the case proceeds ex-parte against him.

Petition of complaint is treated as evidence of the complainant vide his petition dated 19.11.2019.          

                                          DECISION WITH REASONS

            Now to see whether the O.P. is guilty of any deficiency in service as alleged by the complainant. The complainant has stated in his petition of complaint which is treated as his evidence, that he made payment of Rs. 7,100/- to the O.P. on 22.09.1424 BS and also delivered an amount of gold weighing 780 milligram to him for the purpose of manufacturing a new ornament i.e. “Tie”. But, the O.P. has not yet manufactured the new ornament and has not delivered the said ornament to the complainant. It is further stated by the complainant in his petition of complaint that the complainant has written to the O.P. demanding the return of his money and the gold of 780 milligram. But, the O.P. did not give any response. To fortify his version the complainant has also filed the xerox copy of the receipt issued by the O.P. in favour of the complainant. A perusal of this receipt bearing no. 530 reveals that the O.P. received Rs. 7,100/- at different times and also gold of 780 milligram weight from the complainant for the purpose of providing him a pair of new ornament namely “Tie” weighing 3 gram. All these evidences of the complainant have remained unchallenged and unrebutted. We have nothing to disbelieve this evidence. It appears to us that the O.P. has committed gross deficiency in service by not acting properly in consonance with the promise made by him to the complainant. So, the complainant is entitled to relief and the relief is accorded as hereunder.          

            In the result, the case succeeds.

            Hence,

 ORDERED

            That the complaint case be and the same is decreed ex-parte against the O.P. with a cost of Rs. 5,000/-.

            The O.P. is directed to refund Rs. 7,100/- and 780 milligram of gold to the complainant and also to pay a sum of Rs. 20,000/- as compensation for causing mental agony and harassment to the complainant within a month of this order failing which the compensation amount, the amount of Rs. 7,100/- and the amount of litigation cost will bear interest at the rate of 10% p.a. till full realization thereof.    

Register-in-charge is directed to supply a free certified copy of this judgment at once to the parties concerned.

I/We agree                                                                                                               President

                                                Member                                Member                                           

                        Directed and corrected by me

                                                               President