Andhra Pradesh

East Godwari-II at Rajahmundry

CC/69/2015

Smt. Kavuri Pushpavathi - Complainant(s)

Versus

M/s. Kanaka Mahalakshmi Jewellers - Opp.Party(s)

M.V.Ramana

05 Feb 2016

ORDER

        Date of filing:    24.11.2015

                                                                                             Date of Order:  05.02.2016

 

BEFORE THE DISTRICT CONSUMER FORUM-II, EAST GODAVARI

DISTRICT AT RAJAHMUNDRY

 

        PRESENT:   Smt H.V. Ramana, B.Com., L.L.M.,   PRESIDENT(FAC)

                      Sri A. Madhusudana Rao, M.Com., B.L., MEMBER          

 

    

              Friday, the 5^th day of February, 2016

 

C.C.No.69 /2015

Between:-

 

Smt. Kavuri Pushpavathi, W/o. Sri Krishna,

Aged 72 years, Retired employee,

Resident of Door No.2-37-17/2, Bathinavari

Street, Alcot Gardens, Rajahmundry, E.G. Dist.                   …        Complainant

 

                                    And

 

M/s. Kanaka Mahalakshmi Jewellers,

Rep. by its Proprietor, Penupothula Hanumantha

Rao & Brothers, situated at K.V.R. Swamy Road,

and permanent resident of Door No.2-12-15,

Gudlavari Street, Alcot Gardens, Rajahmundry.                   …        Opposite party

 

 

 

 

            This case coming on 02.02.2016 for final hearing before this Forum in the presence of Sri M.V. Ramana, Advocate for the complainant and the opposite party called absent and having been set ex-parte, and having stood over till this date for consideration, this Forum has pronounced the following:  

 

O R D E R

(Per Sri A. Madhusudana Rao, Member)

The complainant filed this complaint under Section 12 of the Consumer Protection Act, 1986 to direct the opposite party to pay an amount of Rs.27,000/- and majuri charges of Rs.2,000/- paid by the complainant with interest at 24% p.a. from 10.3.2014 till payment; pay Rs.10,000/- towards compensation; pay Rs.1,000/- towards costs of the notice and pay Rs.2,000/- towards costs of the complaint.

2.         The case of the complainant is that she approached the opposite party along with her daughter Paruchuri Ramadevi on 10.3.2014 for the purpose of making a fold gold chain (Madatha Golusu) weighing 9 grams of Gold belongs to the complainant to the opposite party for making above chain. The opposite party informed that for making of gold chain, he has charged a sum of Rs.4,980/- towards making charges (Majuru charges). Accordingly, the complainant has paid the charges of Rs.2,000/- to the opposite party and that the opposite party assured that he will make the aforesaid gold chain on or before 25.3.2014. Believing the words of the opposite party by handing over the 9 grams of gold to the opposite party by the complainant and paying the charges as claimed by the opposite party. After completion of time given by the opposite party, the complainant along with her daughter approached the opposite party on 25.3.2014, on that the opposite party informed that the aforesaid gold chain is not yet completed and it takes some more time and request the complainant and her daughter to come later. The complainant approached the opposite party number of times, the opposite party used to postpone the matter for delivery of the gold chain. Under those circumstances, the intention of the opposite party is to have wrongful gain against the complainant and used to postpone the matter on some pretext or others. The complainant got issued legal notice dt.2.7.2015 to the opposite party, but having received the notice, the opposite party did not respond. Hence, the complaint.

3.         The opposite party remained ex-parte despite receipt of notices from this Forum.

 

4.         The proof affidavit filed on behalf of the complainant and Exs.A1 to A3 have been marked for the complainant.

 

5.         Heard the complainant.

 

6.         Points raised for consideration are:

           1. Whether there is any deficiency in service on the part of the opposite party?

            2. Whether the complainant is entitled for the reliefs asked for?

            3. To what relief?

           

7.   Point Nos.1 & 2:-  The complainant herein is a senior citizen, aged about 72 years approached the opposite party M/s. Kanaka Mahalakshmi Jewellers, Rajahmundry on 10.3.2014 along with her daughter for the purpose of making a folding gold chain (Madatha golusu) handed over 9 grams of gold for which the opposite party charged a sum of Rs.4,980/- towards making charges. The complainant paid Rs.2,000/- as advance to the proprietor of the above said jewellery shop towards making charges along with the said 9 grams of gold on 10.3.2014 as per Ex.A1 receipt issued by the opposite party. The opposite party assured that he will make the aforesaid gold chain on or before 25.3.2014 as per noting down on the Ex.A1 receipt. The complainant along with her daughter approached the opposite party on 25.3.2014 for taking delivery of the above said gold chain, but the opposite party informed that the gold chain is not yet completed and he will take more time and asked the complainant to come after some days.        

            Though the complainant was in her old age and suffering from diabetes and knee joint pains with other old aged ailments, approached the opposite party M/s. Kanaka Mahalakshmi Jewelleries, Rajahmundry on several occasions, the opposite party failed to deliver the gold chain on one pretext or the other, ordered by the complainant. The complainant alleged that because of non-delivery of the said gold chain by the opposite party jewelleries, she suffered a lot and which caused severe mental agony to her due to non-delivery of the ordered gold chain by the opposite party.

            As the opposite party failed to deliver the ordered gold chain, the complainant got issued legal notice dt.2.7.2015 vide Ex.A2 to the opposite party and the opposite party received the same as per Ex.A3 acknowledgement and kept quiet. On that, the complainant approached this Forum for want of justice.

            On perusal of the record, it is observed that the complainant handed over 9 grams of gold along with Rs.2,000/- as advance for making charges of gold chain on 10.3.2014 as per Ex.A1 receipt and not responded for the legal notice dt.2.7.2015 vide Ex.A2, which amounts to deficiency in service on the part of the opposite party. The complainant approached this Forum on 24.11.2015 and this Forum issued notice to the opposite party, but the opposite party was called absent and set exparte despite receipt of notice by this Forum, which shows that the opposite party has no respect towards Forum/courts.

            With the discussion held supra, we are in the considered opinion that the opposite party is liable to refund the value of 9 grams of gold amounting to Rs.27,000/- on that date i.e. 10.3.2014 with making charges of Rs.2,000/- as advance with interest @ 12% p.a.  Further, the complainant is also entitled for mental agony and physical sufferance along with legal expenses.       

8.  Point No.3:- In the result, the complaint is allowed in part and the opposite party is directed to refund the amount of Rs.27,000/- towards the cost of gold and Rs.2,000/- towards making charges with interest @ 12% p.a. from 10.3.2014 till date of realization to the complainant. We further direct the opposite party to pay Rs.5,000/- towards compensation for mental agony and physical sufferance and pay Rs.1,000/- towards costs of the complaint to the complainant. Time for compliance is two months from the date of this order. 

 

Dictated to the Stenographer, typed to my dictation, corrected and pronounced by us in open Forum, on this the 5^th day of February, 2016.

 

             Sd/-xxx                                                                                            Sd/-xxx

            MEMBER                                                                           PRESIDENT (FAC)

 

 

 

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

FOR COMPLAINANT:  None.                                                             FOR OPPOSITE PARTY:  None.

 

DOCUMENTS MARKED

 

 

FOR COMPLAINANT:

 

Ex.A1    Copy of the receipt dt.10.3.2014 issued by the opposite party – Kanaka

              Mahalakshmi Jewellers, K.V.R. Swamy Road (meraka veedhi),

             Rajahmundry.

Ex.A2    Office copy of legal notice dt.2.7.2015.

Ex.A3    Postal acknowledgement dt.13.8.2015.

 

FOR OPPOSTIE PARTY:-   - Nil –

 

 

        Sd/-xxx                                                                                             Sd/-xxx

       MEMBER                                                                                 PRESIDENT (FAC)