In the District Consumer Disputes Redressal Commission, Hooghly, At Chinsurah.
Case No. CC/86/2019.
Date of filing: 09/07/2019. Date of Final Order: 27/12/2022.
- Paltu Mukherjee,
Majher Goala Para, P.O. Angus,
Dist. Hooghly, PIN 712221.
- Smt. Aparna Mukherjee,
Majher Goala Para, P.O. Angus,
Dist. Hooghly, PIN 712221.….complainants
- M/S Senco Jewellery Palace Abhusan Pvt. Ltd.
118, Rash Behari Avenue, Kolkata. 700029.
- The Director/ Managing Director/ Authorized Person/ Owner/s,
M/S Senco Jewellery Palace Abhusan Pvt. Ltd.
118, Rash Behari Avenue, Kolkata. 700029.
- Shampa Das, Sales Executive,
Senco Jewellery Palace Abhusan Pvt. Ltd.
118, Rash Behari Avenue, Kolkata. 700029.…..opposite parties
Before: President, Shri Debasish Bandyopadhyay.
Member, Debasis Bhattacharya.
FINAL ORDER/JUDGEMENT
Presented by:-
Shri Debasish Bandyopadhyay, President.
Brief fact of this case:- This case has been filed U/s. 12 of the Consumer Protection Act, 1986 by the complainants stating that the complainant no. 1 is a small vegetables seller of his locality and the investor of the “Swarna Trisha” scheme of the Senco Jewellery Palace Abhusan Pvt. Ltd. from Chandannagar branch and complainant no. 2 is the wife of complainant no. 1 and she is housewife and the complainant no. 1 has invested in said scheme for the ornaments of his daughter’s marriage and the booking date of the scheme was 31.8.2014 and the Redemption date was 31.8.2015 and booking duration was for 13 months and total deposited amount was Rs. 26,000/- (Rs. 2000/- per month) but unfortunately opposite parties neither delivered the ornaments after the redemption date nor refund back the deposited amount with interest upto date and the complainant issued notice on 18.9.2018 but there were no fruitful result. It is alleged that the complainant no. 1 has been suffering from deceased “Glucoma” in his both eyes along with blood sugar. It is also submitted that complainant is either entitled to get back the ornament deposited in the op nos. 1 and 2 or get the equivalent amount along with up-to-date interest.
Complainants filed the complaint petition praying direction upon the opposite parties to pay a sum of Rs. 26,000/- along with upto date interest in tune of Rs. 1,00,000/- along with compensation for unnecessary harassment, mental agony, tension, physical and mental disturbances in tune of Rs. 1,00,000/- and to pay a sum of Rs. 50,000/- as litigation cost.
In this case the op nos. 1 and 2 have not contested the case inspite of receiving notice and so this case has been proceeded ex parte against op nos. 1 and 2 vide order no. 19 dt. 10.3.2022. No W/V has been filed by the op nos. 1 and 2 in this case.
Issues/points for consideration
On the basis of the pleading of the parties, the District Commission for the interest of proper and complete adjudication of this case is going to adopt the following points for consideration:-
- Whether the complainant is the consumer of the opposite parties or not?
- Whether this Forum/ Commission has territorial/pecuniary jurisdiction to entertain and try the case?
- Is there any cause of action for filing this case by the complainant?
- Whether there is any deficiency of service on the part of the opposite parties?
- Whether the complainant is entitled to get relief which has been prayed by the complainant in this case or not?
Evidence on record
The complainant filed evidence on affidavit which is nothing but replica of complaint petition and supports the averments of the complainant in the complaint petition.
The ops have not filed any evidence on affidavit or any documents to disprove the case of the complainant.
Argument highlighted by the ld. Lawyers of the parties
At the time of argument the complainant side has given emphasis on the evidence on affidavit filed by the complainants and also has drawn the attention of this District Commission to the points of argument highlighted in the brief notes of argument.
DECISIONS WITH REASONS
All the points of consideration adopted in this case are clubbed together and taken up for consideration jointly as the questions involved in the above noted points of consideration are interconnected and/ or interlinked with one another. The maintainability point, jurisdiction issue and cause of action factor are taken up for consideration at first.
Regarding these matters this District Commission after going through the materials of this case record finds that both the complainants are the resident of Goalapara, Post. Angus, Dist. Hooghly which is lying within the territorial jurisdiction of this District Commission. Moreso, the claim of the complainants is far below than Rs. 20,000/- which indicates that this District Commission has also pecuniary jurisdiction. From the documents filed by the complainant side it appears that the complainant no. 1 has invested in the scheme of “Swarna Trisha” of the opposite parties having its branch at Chandannagore and said investment has been made in the above mentioned scheme for gold ornaments of daughter’s marriage of the complainant. This matter is clearly indicting that complainant nos. 1 and 2 are the consumer of opposite parties. Moreover, according to Section 2 (1) (d) of the Consumer Protection Act, 1986 the complainants are to be treated as consumer. As per Section 2(o) of the said act the complainants sought for services of the opposite parties but inspite of receiving investment amount from the complainants the opposite parties have failed to refund the money along with interest to the complainants which indicates that the opposite parties has committed deficiency of service. This factor is also reflecting that there is cause of action for the complainants to file this case. Over the issue of limitation it appears that the complainant had given legal notice on 18.9.2018 for getting refund of the deposited amount along with interest and this matter is clearly indicating that this case has been filed within the limitation period. Thus, the above noted issues and/ or point of consideration are decided in favor of the complainants.
In connection with the point of consideration nos. 4 and 5 this District Commission finds that the complainants in their evidence on affidavit have categorically described all the facts which have been narrated in the petition of complaint and no stone has been remained unturned. In this regard it is important to note that as the opposite parties have not contested this case and no interrogatories has been filed, the evidence given by complainant side remains unchallenged and/ or uncontroverted. This District Commission finds no reason to disbelieve the unchallenged and uncontroverted testimony of the complainants. Thus, it is crystal clear that the complainants have proved their case by way of filing factual evidence and the complainants also have filed documents in support of their point of contention and no counter document has been filed by the opposite parties. This matter is also clearly indicating that the complainants have also proved their case by filing documents.
In the result it is accordingly
ordered
that the complaint case being no. 86 of 2019 be and the same is allowed on ex parte but in part.
It is held that the complainant is entitled to get refund of Rs. 26,000/- along with interest @ 9% per annum from the date of filing of this case and the complainants are also entitled to get compensation of Rs. 20,000/- for the deficiency of service on the part of the opposite parties and complainants are also entailed to get litigation cost of Rs. 5000/- from the opposite parties.
Opposite parties are directed to pay the above noted money to the complainants amount within 60 days from the date of this order. Otherwise complainants are given liberty to execute this order/ award as per law.
In the event of nonpayment/ non compliance of the above noted direction the opposite parties are also directed to pay and/ or deposit Rs. 5000/- in the Consumer Legal Aid Account of D.C.D.R.C., Hooghly which is to be utilized for the purpose of poor litigant public.
Let a plain copy of this order be supplied free of cost to the parties/their ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information and necessary action.
The Final Order will be available in the following website www.confonet.nic.in.
