Judgment : Dt.31.10.2017

Shri S. K. Verma, President.

            This is a complaint made by one Pabitra Balida, son of Kanai Lal Balida, residing at Jhikunkhali, P.O.-Bhuniaroychak, P.S.-Durgachak, Ward No.6, Haldia, Dist.- Purba Medinapur, PIN-721635, represented by his constituted attorney Sri Pralay Balida, son of Kanai Lal Balida, residing at Jhikunkhali, P.O.-Bhuniaroychak, P.S.-Durgachak, Ward No.6, Haldia, Dist.- Purba Medinapur, PIN-721635, against Senco Jewellery Palace, Abhusan Pvt. Ltd., registered office at 118, Rash Behari Avenue (Lake Market), P.S.-Lake, Kolkata-700 029 praying for a direction upon the O.P. to deliver the gold ornaments (Bangles), in default pay the value of the gold with making charges and other charges at present market value with interest of 18% and compensation of Rs.2,00,000/- and litigation cost of Rs.50,000/-.

            Facts in brief are that Complainant in order to give a gift to his wife of his choice purchased three gold items being Diamond Nose Pin, weighing about 320 gms, one diamond ring owing about 2.310 gms and a pair of diamond ear rings weighing about 3.340 gms. For a total value of Rs.69,339/-. Thereafter, with a less of Rs.32/-. The total value was of Rs.70,000/-. OP gave a further discount to the Complainant of Rs.900/- and the final bill was prepared for Rs.69,100/-. A Xerox copy of the purchased voucher is filed. Thereafter, Complainant to satisfy his wife’s wish placed an order for one pair of gold bangle on 25.11.2015 with making charges an vat was Rs.1,50,166.80 by way of making payment of Rs.51,314/- by cash and Rs.20,000/- by cheque. The balance remained then Rs.78,852/- as per the order memo dt.2511.2015 the date of delivery of the gold ornament was scheduled on 20.12.2015. Complainant paid further sum of Rs.56,000/- to the OP against receipt. Thereafter the OP did not deliver the gold ornaments to the Complainant even after repeated visits. Every time OP deferred the date of delivery. Complainant in order to get the ordered gold ornaments on payment of balance amount made a complaint in the office of the Consumer Affairs Dept and finally the Dept. made attempt to resolve the dispute. But, it could not be resolved. So, Complainant filed this case.

            OP No.1 did not contest the case by filing written version and so the case is heard ex-parte.

Decision with reasons

            Complainant filed affidavit-in-chief. On perusal of the prayer portion, it appears that Complainant has prayed for delivery of the ornaments on payment of the balance amount. Complainant is ready and willing to pay the balance amount. Complainant has prayed for compensation of Rs.2,00,000/- and litigation cost of Rs.50,000/-.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            On perusal of the affidavit-in-chief and the documents filed by the Complainant, it appears that Complainant has proved the allegations and so he is entitled to the reliefs as prayed because the allegations made by Complainant remains unrebutted and unchallenged.

            Hence,

ordered

            CC/193/2017 and the same is allowed ex-parte. OP is directed to deliver the ornaments after receiving the balance amount within two months of this order. In addition, OP is directed to pay compensation of Rs.50,000/- and litigation cost of Rs.10,000/- to the Complainant within this period, in default the amount shall carry interest @ 10% p.a. till realization.