Tamil Nadu

South Chennai

CC/174/2016

J.Ezhil - Complainant(s)

Versus

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

M/s.Pass Associates & K.Elangovan

08 Nov 2016

ORDER

                                                                        Date of Filing  :  07.06.2016

                                                                        Date of Order :   08.11.2016

 

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU.S.PANDIAN, Bsc., L.L.M.,                               : PRESIDENT

                   DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO 174/2016

TUESDAY THIS  8^TH DAY OF NOVEMBER 2016

 

Mrs.J.Ezhil

W/o Mr.R.Jayakumar,

No.97/87, Puchammal,

New Washermanpet,

Chennai 600 081                                                 ..Complainant

 

                                             Vs

 

M/s Saravana Selvarathnam Retail Pvt Ltd,

Rep.by its Director,

No.14, Ranganathan Street,

T.Nagar, Chennai 600 017                                  ..opposite party

 

For the Complainant               :    M/s. PASS Associates & Mr.K.Elangovan  

Opposite party                        :    Exparte

 

 

ORDER

THIRU.S.PANDIAN, PRESIDENT        

        This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to replace the surrender of bangles with new bangles without imposing any further cost along with a sum of Rs.1,00,000/- towards compensation for causing mental agony due to the deficiency of service on the part of the opposite party with costs.

 

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

 

      On 08/12/2015, the complainant bought a gold coin and two numbers of Gokur bangles weighing 32.38 grams, the total cost of which is Rs.96,225.32 and the complainant has paid a sum of Rs.87,768/- after deducting the value of her, old gold at Rs.8457/- under the Bill No.JR01/21 dated 08/12/2015 from the opposite party. The Bangles had artistic touch work with a row of balls continuously on the top of the bangles. At the time of purchase, the complainant enquired about the stability of the balls and that the opposite party had assured that the balls would not fall on any circumstances as the bangles were designed as such the balls, bangles are blended together. Believing such assurance and allured by unique Rajasthani design of bangles, the complainant bought the bangles on paying a huge sum from and out of her hard earned money and savings.

 

2.            In the last week of December 2015, when the complainant used the aforesaid bangles, certain balls which were pasted on the bangles fallen. Immediately, on 26.12.2015, the complainant went to the opposite party’s show room informing about the fallen balls to the opposite party. After inspecting the bangles, it was informed that there is some manufacturing defect and the same can be refixed in its original shape and further the opposite party informed to the complainant that after making ready, the complainant will be informed.    Thereafter on 6.1.2016, the complainant was informed by the opposite party to collect the bangles and in turn the complainant got back the bangles with assurance that it will last long.  But per contra, the balls of both bangles had again fallen and immediately the complainant rushed to the opposite party’s show room on 17.01.2016 and requested to replace the bangles with a fresh one. But the opposite party had refused to do so. Therefore the opposite party committed deficiency in service and it caused mental agony to the complainant.

 

3.          Then the complainant had issued a legal notice to the opposite party on 09.03.2016 to replace the old bangles with new bangles without imposing any further cost.   Inspite of receipt of the said notice, the opposite party neither complied with the demand of the complainant nor replied to the complainant. Hence this complaint.

 

4.         In spite of notice served to the opposite party, the opposite party has not chosen to appear before this Forum. Hence the opposite party was set exparte.

 5.       In order to prove the averments of the complaint, the complainant has filed proof affidavit along with her evidence and documents Ex.A.1 to Ex.A.4 marked.

 

6.   At this juncture, the point for the consideration before this Forum is:  

1. Whether there is any deficiency of service on the part of the  

    opposite party as alleged in the complaint?

 

2.  Whether the complainant is entitled to any relief as prayed for?

 

7. Point No.1

        On perusal of the averment of the complaint and the proof affidavit submitted by her, it is learnt that the complainant had purchased one Gold coin and 1 set of Gokur Gold bangles from the opposite party on 08.12.2015 on payment of cost of Rs. 87,768/- in cash after reducing the value of old gold of Rs. 8,457/- under the bill No. JR01/21 dated 8.12.2015 which is marked as Ex.A.1.  On believing such assurance given by the opposite party, about the stability of the balls which would not fall on any circumstances, in the last week of December when the complainant used the bangles, certain balls which were pasted on the bangles fallen. Immediately the bangles handed over to the opposite party for refixing in its original shape and in turn it was returned back after re-fixing the balls which were fallen and assured that it will last long. Then complainant used the bangles, the balls of the bangles had again fallen and the complainant rushed to the opposite party’s show room on 17.01.2016 and requested to replace the bangles with new one since there is some manufacturing defect as already admitted by the opposite party. But the opposite party had abruptly refused. It is further seen from the evidence that the attitude of the opposite party clearly amounts to deficiency in service which caused mental agony and therefore the complainant had issued Ex.A.2, legal notice to the opposite party demanding to replace the old bangles to new bangles. Though the same was received by the opposite party, he has not come forward neither to comply the demand nor to send any reply to the complainant. The acknowledgement card for receipt of Ex.A.2 is marked as Ex.A.3. Furthermore the photos show the damage of the bangles is marked as Ex.A.4.

 

8.       At this juncture, it is crystal clear from the foregoing evidence and the documents produced on the side of the complainant, the deficiency in service on the part of the opposite party as alleged in the complaint has been clearly proved by means of relevant evidence, beyond all doubts. While so, though the opposite party was given sufficient opportunity, the opposite party has not come forward neither to appear this Forum, nor to produce any evidence in order to disprove the allegations made in the complaint. At this point of time, this Forum can easily be drawn an adverse inference against the opposite party. Since there is no contra evidence. Thus the point No.1 is answered accordingly.

9. Point No.2

         As per the decision arrived in point No.1, the complainant is entitled  for the relief of replacement of old jewels with a new jewels without any further cost with reasonable compensation and cost.

        In the result the complaint is allowed in part. Accordingly the opposite party is directed to replace the old bangles on surrendering by the complainant with new bangles of same weight and touch without imposing any further cost and also to pay a sum of Rs.5000/- (Rupees Five thousand only) towards compensation for causing mental agony due to the deficiency of service on the part of the opposite party with cost of Rs.5000/- (Rupees Five thousand only) towards litigation charges to the complainant.    

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

Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us on this the  8th  day  of  November  2016.

 

MEMBER II                                                                            PRESIDENT

List of Documents filed by the complainant:

Sl.No	Date	Description	Nature of Documents
1.	08.12.2015	The purchase Bill  No.JR01/21issued by the opposite party	Xerox
2.	09.03.2016	Notice issued by the complainant to the opposite party	Xerox
3.	10.03.2016	Acknowledge Issued	Xerox
4.	..	Bangles Photo	Xerox

 

Opposite party’s side documents :  Nil (Exparte)

 

MEMBER II                                                                            PRESIDENT