Date of filing: 22/09/2021

Judgment date: 07/08/2023

Mrs. Sashi Kala Basu, Hon’ble President

This complaint is filed by Smt. Chandrima Das under section 35 of the Consumer Protection Act, 2019 against the opposite parties (referred as OPs hereinafter) namely (1) N. Chandra & Sons Jewellers and (2) Sri Samir Adak the proprietor of OP 1, alleging deficiency in service and unfair trade practice on the part of the OP.

Case of the complainant in short is that OP is a gold merchant and making the gold and other ornaments under the name and style M/s. N. Chandra & Sons Jewellers. On 30/07/2020 complainant placed an order of making two pieces of solid gold made Bala approximately weight of 50 gms. and one piece of Chain measuring about 40 gms. approximately with hallmark. Complainant paid a total sum of Rs. 3,50,000/- in cash and after receiving the same OP issued a bill and the date of delivery of the gold items was fixed on 25/08/2020. But even after expiry of the said date i.e. 25/08/2020 complainant several times visited the shop of the OP and demanded the articles but OP failed to deliver the gold ornaments. He neither returned advance paid by the complainant. So complainant sent two legal notice through her Ld. Advocate but all in vain. So the present complaint has been filed praying for directing the OP to deliver the said gold made articles (with hallmark) to the complainant, to return the tentative value of the said gold ornaments with banking interest, to pay Rs. 2,00,000/- as compensation for mental agony and harassment and Rs. 50,000/- as litigation cost.

OP has filed the written version wherefrom it appears that he has admitted the entire case of the complainant and simply stated that he could not deliver the gold articles due to financial problem.

During the course of evidence complainant filed examination in chief on affidavit but no questionnaire was filed by the OP. In fact OP did not take any step in the case after filing of the written version. He neither filed any evidence nor took any step on the date of argument. So argument of the Ld. Advocate appearing for the complainant was heard.

The only point requires determination is whether the complainant is entitled to the relief as prayed for?

DECISION WITH REASONS

In support of her case, complainant has filed the bill issued by the OP wherefrom it appears that the complainant had ordered one piece of gold chain of 40 gms. and two pieces of bala of 50 gms. and she paid advance of Rs. 3,50,000/- to the OP. Complainant has also filed a declaration executed by the OP on 20/03/2021 wherefrom it appears OP admitted that he failed to deliver the gold ornaments and also did not return the advance amount paid by the complainant. He further promised to deliver the gold made ornaments or return the money paid by the complainant within 15 days from the date of signing of the said declaration. 

It may be pertinent to point out, not only in the declaration as referred to above, OP has admitted that he failed to deliver the ornaments or refund the sum but also in the written version filed by OP, entire case of the complainant has been admitted. The placing of order by the complainant for one piece of chain and two pieces of bala has been admitted and similarly the payment of Rs. 3,50,000/- by the complainant as advance has also been admitted. It is only stated by him that he could not deliver the gold ornaments or refund the sum paid by the complainant due to financial problem. So in such a situation it is evident that the case of the complainant is well established and so the complainant is entitled to delivery of the gold ornaments on payment of the balance amount towards the price or in alternatively refund of the sum paid by her. Complainant is also entitled to compensation for the harassment and mental agony. We find sum of Rs. 20,000/- as compensation will be justified.

Hence

             ORDERED

CC/451/2021 is allowed on contest. OP is directed to deliver the gold ornaments i.e. one piece of chain and two pieces of bala as per bill dated 30/07/2020, to the complainant within 45 days from this date on payment of the balance amount by the complainant for the said gold items. In alternatively OP is directed to refund sum of Rs. 3,50,000/- paid by the complainant within the aforesaid period of 45 days. OP is further directed to pay Rs. 20,000/- as compensation and Rs. 10,000/- as litigation cost to the complainant within the aforesaid period of 45 days. In default of payment the entire sum shall carry interest @ 7% p.a. till realisation.