Tamil Nadu

South Chennai

CC/462/2015

M/s.Alice Wesley - Complainant(s)

Versus

M/s.Saravana Sevarathinam Retail Pvt Ltd - Opp.Party(s)

S.Kalanidhi

20 Nov 2019

ORDER

                                                                             Date of filing      : 17.12.2015

                                                                               Date of Disposal : 20.11.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.462/2015

DATED THIS WEDNESDAY THE 20^TH DAY OF NOVEMBER 2019

                                 

1. Mrs. Alice Wesley,

W/o. Late P. Wesley,

Old No.3/33, New No.4/647,

Maduraiveeran Koil Street,

Senthamiz Nagar,

Medavakkam,

Chennai – 600 100.    

 

2. Mr. Immanuel Wesley,

S/o. Late P. Wesley,

Old No.3/33, New No.4/647,

Maduraiveeran Koil Street,

Senthamiz Nagar,

Medavakkam,

Chennai – 600 100.                                                   .. Complainants.               

                                                                                       ..Versus..

 

The Manager,

Saravana Selvarathnam Retail Pvt. Ltd. (Jewellery),

916-Hallmark Showroom (Export Quality),

No.14, Ranganathan Street,

T. Nagar,

Chennai – 600 017.                                                   ..  Opposite party.

 

Counsel for the complainant    : Mr. S. Kalanidhi

Counsel for the opposite party : M/s. G. Karthikeyan & another

 

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainants against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to refund the advance amount of Rs.20,000/- (with 18% interest per month) which was paid by the complainants for ordering for a new gold bangle, to return the 1^st complainant’s sample bangle or similar new bangle by matching the weight, size, fit and design (with 18% interest per month) and to pay a sum of Rs.9,00,000/- towards compensation for physical strain, time and mental agony with cost to the complainants.

1.    The averments of the complaint in brief are as follows:-

The complainants 1 & 2 submit that on 14.09.2015 they went to the showroom of the opposite party in order to purchase gold bangle similar to the gold bangle weared by the 1^st complainant.  The complainants submit that even after thorough search by the sales person they are not able to find out the similar design bangle.  Hence on instruction of the opposite party, the complainants handed over the sample piece bangle single piece along with Rs.20,000/- at the fixed gold rate of Rs.2,439/- per gram on 14.09.2015.   The complainants submit that the opposite party promised to deliver a newly ordered bangle along with the sample gold bangle within the due date of 05.10.2015.   The complainants submit that the opposite party has not delivered the new bangle and sample bangle.  Even after repeated requests and demands, the opposite party told that the same gold bangle has been misplaced and the newly order bangle is not ready which caused much shock and mental agony.  Hence, the complainants issued legal notice dated:10.10.2015 for which, the opposite party has not sent any reply.  The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and put the complainants to strict proof of the same.  The opposite party states that the complainants placed an order for a new single gold bangle weighing 08.20 grams and paid a sum of Rs.20,000/- and handed over the old bangle weight 8.06 grams on 14.09.2015 at the gold rate of Rs.2,439/- per gram.  The opposite party states that the old bangle given by the complainants is in the name of the 2^nd complainant was misplaced.  On 07.10.2015, the 1^st complainant came to the showroom of the opposite party and selected a bangle.  The opposite party informed the 1^st complainant that they will handover the bangle only to the 2^nd complainant which was not acceptable by the 1^st complainant.   The opposite party under takes to give a bangle worth 08.06 grams worth Rs.20,000/-.  The opposite party states that they have not rendered any deficiency in service or unfair trade practice as alleged by the complainants.   Only to avoid the legal problem, the opposite party insisted the complainant that Mr. Immanuel alone should come and collect the bangles.   Hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 are marked.  Proof affidavit of the opposite party is filed and no document is marked on the side of the opposite party.

4.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of the advance amount of Rs.20,000/- with interest at the rate of 18% p.a. and get return of the sample bangle as entrusted as prayed for?
2. Whether the complainant is entitled to a sum of Rs.9,00,000/- towards compensation for mental agony, strain, deficiency in service etc with cost as prayed for?

5.      On point:-

Both parties filed their respective proof affidavits.  The complainant filed his written arguments.  Heard both parties.  Perused the records namely; the complaint, written version, proof affidavits and documents.  The complainants 1 & 2 pleaded and contended that on 14.09.2015 they went to the showroom of the opposite party in order to purchase a gold bangle similar to the gold bangle weared by the 1^st complainant.  Further the contention of the complainants is that even after thorough search by the sales person they are not able to find out the similar design bangle.  Hence on the instruction of the opposite party, the complainants handed over the sample piece bangle (single piece) along with Rs.20,000/- at the fixed gold rate of Rs.2,439/- per gram on 14.09.2015.  Ex.A2  is the copy of order receipt for a new bangle. Further the contention of the complainant is that the opposite party promised to deliver a newly ordered bangle along with the sample gold bangle within the due date of 05.10.2015 as per Ex.A2.   Further the contention of the complainants is that the opposite party has not delivered the new bangle and sample bangle.  Even after repeated requests and demands, the opposite party told that the same gold bangle has been misplaced and the newly order bangle is not ready which caused much shock and mental agony proves deficiency in service.  Hence, the complainant issued legal notice dated:10.10.2015 as per Ex.A1.  The opposite party has not sent any reply.  Hence, the complainant were constrained to file this case.

6.     The contention of the opposite party is that admittedly, the complainant placed an order for a new single gold bangle weighing 08.20 grams and paid a sum of Rs.20,000/- and handed over the old sample bangle weight 8.06 grams on 14.09.2015 at the gold rate of Rs.2,439/- per gram.  Further the contention of the opposite party is that the old sample bangle given by the complainant is in the name of the 2^nd complainant was misplaced proves deficiency in service.  On 07.10.2015, the 1^st complainant came to the showroom of the opposite party and selected a bangle. The opposite party informed the 1^st complainant that they will handover the bangle only to the 2^nd complainant which was not accepted by the 1^st complainant.   The opposite party under takes to give a bangle worth 08.06 grams with Rs.20,000/-.  But on a careful perusal of records admittedly, the opposite party received a single sample gold bangle weighing of 08.06 grams along with a sum of Rs.20,000/- for delivering a single sample gold bangle weighing 8.20 grams at the rate of Rs.2,439/- per gram on 14.09.2015.  It is also admitted by the opposite party that the alleged single gold bangle entrusted by the complainants was misplaced by the opposite party.  Equally, the opposite party miserably failed to deliver a new single gold bangle weighing 08.20 grams amounts to deficiency in service.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall deliver a new single gold bangle weighing 08.20 grams with the satisfaction of the complainants 1 & 2 with a compensation of Rs.8,000/- for mental agony with cost of Rs.10,000/- to the complainants 1 & 2.

In the result, this complaint is allowed in part.   The opposite party is directed to deliver a new single gold bangle weighing 08.20 grams with the satisfaction of the complainants 1 & 2 and to pay a sum of Rs.8,000/- (Rupees Eight thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainants.

The above said amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 20^th day of November 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANTS’ SIDE DOCUMENTS:-

Ex.A1	10.10.2015	Copy of legal notice & acknowledgement card
Ex.A2	14.09.2015	Copy of Order receipt for new bangle – Order No. ORD1/4205 in the name of the complainant’s son Mr. Immanuel dated:14.09.2015 – Rs.20,000/-
Ex.A3	14.09.2015	Copy of sample piece received receipt in the name of the complainant’s son Mr. Immanuel (stated as “REPAIR” in title) for the single Bangle piece (8.06 grams) dated:14.09.2015
Ex.A4		Copy of address and ID proof of the complainant (Ration Card & Voter ID)

 

OPPOSITE PARTY SIDE DOCUMENTS:-  NIL

 

MEMBER                                                                                                                                                         PRESIDENT