Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 22.11.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to refund the price of said Jewellery paid at the time of purchase long with 18% interest.
- To direct the opposite parties to pay Rs. 1,50,000/- as compensation.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he has purchased two pieces of Gold Chain, three pieces of Baali, two pieces of Gold Locket, two pieces of Gold Gitya, one Gold Ring, one Gold Mangalsutra and two pieces of Anklet after paying Rs. 1,77,000/- to opposite party no. 1 on 11.05.2013. It is also stated that at the time of purchasing item opposite party no. 2 assured the complainant that the aforesaid Gold are of 22 Carat but after purchasing the same when the aforesaid Gold items were examined by competent jeweler it was found less than 22 Carat as will appear from annexure – 2. The complainant thereafter requested the opposite party to replace the aforesaid item but he refused to do it. Thereafter the complainant has given legal notice as will appear from annexure -3 but his grievance was not redressed. Later on a supplementary affidavit has been filed by the complainant stating the same fact stated in the complaint petition.
From the record it appears that when the notice was issued to opposite parties returned with memo “Refused” then vide order dated 16.04.2014 valid Tamila was declared and opposite parties were directed to file written statement and when opposite parties did not appear and filed written statement then this case was heard ex – parte.
It goes without saying that as the complainant has asserted the aforesaid fact on oath and there is no counter version then we have no option but to rely on the fact asserted by the complainant in his complaint petition.
For the reason stated above we direct the opposite parties to refund the price of Rs. 1,77,000/- (Rs. One lac Seventy Seven Thousand only) to the complainant within the period of two month from the date of receipt of this order or certified copy of this order failing which opposite parties will pay 10% interest on the above said amount of Rs. 1,77,000/- (Rs. One lac Seventy Seven Thousand only) till its final payment.
Opposite parties are further directed to pay Rs. 25,000/- ( Rs. Twenty Five Thousand only) to the complainant by way of compensation and litigation cost within the period of two month.
Accordingly, this complaint stands allowed to the extent referred above.
Member Member(F) President
