DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 13 OF 2014
Niranjan Das (30 Yrs),
S/O- Late Kuni Das,
R/O: Bundia Colony, VSS Nagar,
PO: R. Kudopali, PS: Brajrajnagar,
Dist -Jharsuguda, Odisha……………….………………….……….… Complainant.
Versus
M/S RAJLAXMI ALANKAR JEWELLERS,
At: Gandhichowk ( Near Check Gate),
Main Road, Brajrajnagar, PO/PS: Brajrajnagar,
Dist: Jharsuguda, Odisha.……….……….……………………..…..…….Opp. Party.
Counsel for the Parties:-
For the Complainant Self.
For the Opp. Party None (Ex-parte)
Date of Order: 14.08.2014
Present
1. Shri S. K. Ojha, President In-Charge.
2. Smt. A. Nanda, Member (W).
Shri S.K. Ojha, President In-Charge :- The complainant’s case in brief is that, he has purchased a gold chain along with other gold Jewelleries on dtd. 05.03.2010 from the O.P by paying a sum of Rs.1,09,848/- only. After few months of purchasing, out of all gold ornaments, one gold chain having weight of 15.920 Gms. showing defects in colour. The complainant intimated and brought to the O.P where the O.P assured to rectify the defect and kept the said article for exchange. On repeatedly asking to the O.P about his said gold chain, the O.P was assuring to give. The complainant at the time of receiving the gold chain on dtd. 11.04.2012 found that, the said gold chain was of weight 12.00 Gms. in place of 15.920 Gms. The complainant objected and did not take the said 12.00 Gms. gold chain and asked about his said 15.920 Gms. gold chain on which the O.P did not take and heed and harassing till date, hence this case.
Being noticed, the O.P neither appeared nor filed his written version and set ex-parte ultimately after being providing sufficient opportunities to him. Heard from the complainant, gone through the case record and documents available. The complainant has purchased a gold chain of weight 15.920 Gms., having rate Rs. 1690/- and paid Rs.28,824/- only against the said gold chain and with that, he has purchased another 03 nos. of ornaments and paid total amount of Rs.1,09,848/- only to the O.P. After few months the complainant found of having some discoloring of the said particular gold chain of weight 15.920 Gms. Immediately the complainant informed to the O.P and the O.P received the same by assuring to give one defect free gold chain of the same weight but, failed to do so and after being repeatedly approaching, the O.P tried to return one gold chain on dtd. 11.04.2012 of having weight 12.00 Gms. instead of weight 15.920 Gms. The complainant protested, did not take any gold chain from the O.P.and asked about the gold chain of having weight 15.920 Gms , but instead of giving his gold chain the O.P is continuously harassing the complainant since last near about 02 years. On the contrary, the O.P kept silent in this case while providing sufficient opportunities to him which reveals that, he has nothing to say in this case.
Although the complainant has purchased the gold ornaments on dt. 05.03.2010, but cause of action arisen from the date he was receiving the gold chain of having less weight, after regularly approaching to the O.P and protesting to the O.P. As such dispute arisen between the parties on dtd. 11.04.2012, which is found to be under the period of limitation as per the provision of Consumer Protection Act.
Out of all the ornaments one gold chain of having weight 15.920 Gms found to be defective one and after being repeatedly approaching by the complainant, the O.P has not returned either the gold chain of having weight 15.920 Gms or the amount taken against the said chain of Rs. 28,824/- only which amounts to clear unfair trade practice on the part of O.P.
Hence, we are in considered opinion to allow the complaint petition with directions to the O.P, to return one defect free gold chain having weight 15.920 Gms or refund the amount of Rs. 28,824/- only to the complainant along with pay a sum of Rs.5,000/- ( Rupees five thousand) only towards harassment, mental agony including litigation costs within 30 (thirty) days from the date of receiving of this order, failing which the O.P shall be liable for interest @ 10% per annum on the above mentioned awarded amounts till realization.
Accordingly the case is disposed of.
Order pronounced in the open court today the 14th day of August’ 2014 and copy of this order shall be supplied to the parties as per rule.
I Agree.
Sd/- A.Nanda, Member (W) Sd/- S. K. Ojha, President In-Charge.
Dictated and corrected by me.
Sd/- S.K.Ojha, President In-Charge.
