West Bengal

Kolkata-III(South)

CC/181/2016

Vivek Singh - Complainant(s)

Versus

Sen Co. Jewellery Palace Abhusan Pvt.Ltd. - Opp.Party(s)

16 Nov 2016

ORDER

CONSUMER DISPUTE REDRESSAL FORUM
KOLKATA UNIT-III(South),West Bengal
18, Judges Court Road, Kolkata 700027
 
Complaint Case No. CC/181/2016
 
1. Vivek Singh
S/O.Sailendra Singh, 59, N.S.Road, Calcutta.
...........Complainant(s)
Versus
1. Sen Co. Jewellery Palace Abhusan Pvt.Ltd.
118,Rash Behary Avenue Kolkata-29, P.S.-Tollygunj.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Satish Kumar Verma PRESIDENT
 HON'BLE MRS. Balaka Chatterjee MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 16 Nov 2016
Final Order / Judgement

            This is a complaint made by one Vivek Singh, son of Sailendra Singh of 59, N.S. Road, Calcutta, against Senco Jewellery Palace Abhusan Pvt. Ltd., having its registered office at 118, Rash Behari Avenue, Kolkata-700 029, P.S.- Tollygunge, praying for maturity interest of Rs.20,000/-  and gold ornaments valued of Rs.2,00,000/- and Rs.70,000/- for harassment and Rs.10,000/- as litigation cost.

            Facts in brief are that the Complainant booked gold ornaments worth Rs.2,00,000/- certificate under Dhanvridhi offer scheme with the OP and this scheme was to mature on 27.6.2015. A certificate to this effect was issued by the OP stating that the Complainant is entitled to Rs.2,00,000/- with interest of Rs.20,000/-.

            Again Complainant went to the jewellery shop on the maturity date, but, OP did not pay the amount. Again Complainant went to get back the maturity interest with gold ornament worth Rs.2,00,000/-, but, failed to get the interest with gold ornaments. Complainant also attempted over phone but received negative reply. So, Complainant filed this case.

            On the basis of the above facts, notices were issued. But, since OP did not appear the case was heard ex-parte.

Decision with reasons

            Complainant filed affidavit-in-chief wherein he has stated the facts mentioned in the complaint.

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

            First relief of Complainant is a direction upon the OP to repay the maturity interest of Rs.20,000/- with gold ornaments valued at Rs.2,00,000/-.

            On perusal of the Xerox copy of the receipt of Dhanvridhi, it appears that OP issued a receipt where OP agreed to pay Rs.20,000/- as interest with gold ornaments deposited.

            Since, the facts mentioned in the complaint remained un-rebutted and un-challenged OP is liable to pay Rs.20,000/- interest with gold ornaments pledged before it. So, Complainant is entitled to the first relief.

            Second relief is direction upon the OP is to pay compensation of Rs.70,000/-. In this regard, it appears that there is no ground for paying Rs. 70,000/- as compensation. However, Complainant may be eligibleH H

 for Rs.10,000/- as compensation and Rs.5,000/- as litigation cost.

            Hence,

ordered

            CC/181/2016 and the same is allowed ex-parte in part. OP is directed to pay Rs.20,000/- as interest with the gold ornaments pledged. In addition, OP is directed to pay Rs.10,000/- as compensation and Rs.5,000/- as litigation cost. If OP is not in a position to return the ornaments of the Complainant, he is directed to pay Rs.2,20,000/- to the Complainant within two months of this order. In default, the amount shall carry interest of 10%p.a. Similarly, OP is directed to pay Rs.15,000/- as compensation and litigation cost in total to the Complainant within the above period, in default, this amount shall carry 10% interest p.a.

 
 
[HON'BLE MR. Satish Kumar Verma]
PRESIDENT
 
[HON'BLE MRS. Balaka Chatterjee]
MEMBER

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