In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 210 / 2011.
1) Sri Manab Kumar Sarkar,
105. Kumarpara 1st Lane, Kolkata-700103. ---------- Complainant
---Versus---
1) Rajlakshmi Guinea Museum Jewellers Pvt. Ltd. @ Raj Lakshmi Gold,
181, Rashbehari Avenue, Kolkata-700019. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. A. B. Chakraborty, Member
Order No. 10 Dated 20/02/2012.
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant Sri Manab Kumar. Sarkar against the o.p. Rajlakshmi Guinea Museum Jewellers Pvt. Ltd. The case of the complainant in short is that on 14.2.11 complainant purchased one gold chain (22/22) R of Rs.27,600/- by cash including of charges from the o.p. vide memo no.10CM0309 dt.14.2.11 on the occasion of self marriage ceremony and gifted the chain to his wife but after few days the said chain started break in and the complainant had been to the show room of o.p. several times but they did not pay heed to his complaint. Thereafter complainant sent a lawyer’s notice on 16.5.11 to o.p. and o.p. received on 18.5.11 but o.p. did not send any reply. Hence the instant case lodged by the complainant against the o.p. being a service provider to its consumer / complainant.
O.p. has not entered in this case by filing w/v and as such the matter was heard ex parte.
Decision with reasons:-
We have gone through the pleadings of the complainant, evidence and documents in particular and it appears to us that o.p. did not challenge the evidence of complainant by cross examining the same and as such the evidence of complainant remains undemolished and amounts to unchallenged testimony. As such, we are of the view that there is sufficient deficiency on the part of the o.p. as apparent from the record to its consumer / complainant and complainant is entitled to relief as prayed for.
Hence, ordered,
The petition of complaint is allowed ex parte against the o.p. with cost. O.p. is directed to pay a sum of Rs.27,600/- (Rupees twenty seven thousand six hundred) only together with interest @ 9% p.a. from 14.2.11 till the date of realization. O.p. further directed to pay compensation of Rs.7000/- (Rupees seven thousand) only for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% p.a. shall accrue over the entire sum due to the credit of the complainant.
Supply certified copy of this order to the parties.
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MEMBER PRESIDENT
