Kulwant Raj complainant has filed this complaint U/s 12 of the Consumer Protection Act of 1986 against the opposite party praying that opposite party be directed to refund Rs.65,000/- to him alongwith 15 Gram 700 Mg Gold alongwith interest @ 18% per annum from the date of due till its actual realization in his favour. Opposite party be further directed to pay Rs.20,000/- as compensation alongwith Rs.10,000/- as litigation expenses, in the interest of justice.

2.           The case of the complainant in brief is that he placed an order of 45g-700 Mg Golden ornaments/Jewellery with the opposite party on December 2014 out of which he had given 15 Gm-700 Mg old Gold on account of marriage of his daughter Nisha Sharma. For the abovesaid purpose, he had paid total Rs.65,000/- in 4 installments as an advance to the opposite party vide receipts issued by the opposite party. Opposite party has committed breach of trust and did not prepare and supply the Golden ornaments to him despite repeated requests, but the opposite party kept on putting the matter pending with one or the other pretext. Ultimately, the opposite party has refused to supply the golden ornaments on the basis of lame excuses. In order to meet with the respective requirement of golden ornaments, he has purchased the same from another Jeweller namely Kuldeep Jeweller, Gurdaspur. He has requested the opposite party so many times for the refund of amount of Rs.65,000/- paid as an advance for the abovesaid purpose but the opposite party did not consider his request. The act and conduct on the part of the opposite party amounts to clear cut deficiency in service and unfair trade and malpractice who have failed to supply the order of Golden ornaments and also failed to refund the amount as received by him as an advance which causes unnecessary harassment, humiliation, monetary loss and mental agony to him without any fault on his part. Hence this complaint.

3.        Opposite party  has appeared and filed its written reply by taking the preliminary objections that the present complaint is not maintainable; the Hon’ble Forum has got no jurisdiction to entertain and try the present complaint as the complainant does not fall within the definition of Consumer Protection Act, as the complainant is not consumer of the opposite party as alleged by him in the complaint and no cause of action has accrued to the complainant against the opposite parties for filing the complaint. On merits, it was submitted that neither the complainant ever placed any order for gold ornaments, nor he ever handed over any old gold to the opposite party. The alleged receipt if any produced by the complainant in this Hon’ble Forum, the same is illegal, null and void, never issued by the opposite party and procured by the complainant by way of fraud and deception with sole motive to file the present complaint. The opposite party reserves his right to initiate criminal proceedings against the complainant for his this illegal act.  The story put forth by the complainant is false and concocted one.  Thus, there is no deficiency in service on the part of the opposite party.  All other averments made in the complaint have been denied and lastly the complaint has been prayed to dismiss with costs.       

4.        Complainant tendered into evidence his own affidavit Ex.C1, alongwith other documents Ex.C2 to Ex.C11 and closed the evidence.

5.       Counsel for the opposite party tendered into evidence affidavit of Sh.Sourabh Verma Ex.OP1 and closed the evidence.

6.        We have carefully examined and thoroughly considered the evidence along with its supporting documents as available on records of the proceedings in the light of the arguments as put forth by the learned counsels of both-side litigants while adjudicating the present complaint. We find that the complainant has allegedly placed an order with the titled opposite party for purchase of Gold Ornaments 45gm-700mg and has paid an advance amount of Rs.65,000/- along with 15gm-700mg of Gold. However, the opposite party vendor neither delivered the ordered ‘gold-ornaments’ nor returned the advanced amount and the gold and hence prompted the present complaint.

7.       We observe that the OP vendor has vehemently altogether refuted the complainant’s allegations/charges stating/deposing (affidavit Ex.OP1) that he did neither know him (the complainant) nor ever had any business with him and as such the present complaint being false be dismissed with costs. However, the allegation/claim of the OP vendor stays ‘not-proved’, as such, in the absence of any cogent evidence to support his deposition. On the other hand, the complainant has miserably failed to prove the alleged ‘purchase-order’ and also the related transactions etc since the documentary evidence (as produced by him) has been marred with a lot of infirmities and conjectures etc. The four nos. of performa invoices (Ex.C2 to Ex.C5) are undated/non-reconciled/ un-matching and do not support the contents of complaint to prove the requisite factoring parameters. The specific identity of the gold ornaments finds missing/ different matches and as such shall not be an acceptable piece of cogent evidence. And, in its absence even the related portions of the complainant’s deposition (Ex.C1) turn out to be simple ‘bald-statements’. We have seek-fully studied the exhibits Ex.C9 to Ex.C11 and find that even these do not assist the complainant in any way. Under the circumstances, we find that the complainant has failed to high-light any ‘statutory’ merit in its presentation to attract a favorable award under the Act.            

8.       In the light of the all above, we find the present complaint devoid of all actionable merit under the applicable statute and thus ORDER for its dismissal with no orders as to its costs. The complainant here shall however be at liberty to avail of his prayed ‘relief’ if he so desires or so advised but through any other legal remedy as available in law and duly proceeded to as prescribed in law.

9.       Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.

                           (Naveen Puri)

                                                                                President.

ANNOUNCED:                                                            (Jagdeep Kaur)

January 17,2018.                                                         Member               

*MK*