BY - SRI ASISH DEB, PRESIDENT
Brief facts of the complainant’s case are that O.P. is the ornaments maker and seller and he is running his business namely- Matri Jewelers at Town Sankarara, under P.S. Tamluk, in the District of Purba Medinipur O.P. is a gold smith cum ornament maker and proprietor of his shop Matri Jewelers of above mentioned address. For requirement of remaking of gold bangle (Bala) on new model, complainant met with the O.P. member at his shop/ business place on 03.10.2015. After elaborate discussion with O.P he assured to remake gold bangle (Bala) in new design and early delivery from the date of receiving. By the assurance of O.P. member complainant was satisfied. On 03.10.complainant handed over his gold ornaments i.e. - 1 pair gold bangle (Bala) gold (KDM) weight measuring 20 grams to the O.P. and same was received by the O.P. and issued an approval slip dated 03.10.2015 in favour of complainant. O.P. fixed the date of delivery of gold bangle (Bala) on 30.07.2016. On 30.07.2016 complainant met with the O.P. member and asked for delivery of said ornaments but he did not give delivery of the same on that date, O.P. called for delivery after some days but he did not deliver the same. After several assurance op failed to deliver the ornament as. As per terms and conditions the O.P. member was bound to deliver new ornament or return the previous ornament but he misused the good faith. The op deliberately and willfully harassed and caused mental pain, agony, loss and damages to of complainant. On 18.07.2019 of complainant filed a petition before The Assistant Director Consumer Affairs and Fair Business Practices, Purba Medinipur at Tamluk for peaceful mediation about the said matter and the Assistant Director Consumer Affairs and Fair Business Practices treated the complain being complaint No. 61/PBM/19 dated 20.08.2019. The Assistant Director Consumer Affairs and Fair Business Practices, Purba Medinipur at Tamluk, fixed for peaceful mediation and sent a letter to O.P. bearing memo no. – 391/1(1)CAPBM/61/PBM/19 dated 20.08.2019 for appearance of both the parties for mediation. After discussion the
CA & FBP at Tamluk resolved the matter, the O.P. member promised that he wouldl pay Rs. 29.000/- in three installment. The O.P returned only Rs. 5,000/- on 01.10.2019 and Rs. 2,000/- on 11.12.2019 total Rs. 7,000/- out of total amicable amount/ mediation amount Rs. 29,000/-, till now he did not pay the rest amount of Rs. 22,000/- to your petitioner. The 2nd mediation was held on 03.02.2020 at the office of Ld. CA & FBP at Tamluk, on that day of complainant appeared before the CA & FBP but O.P. did not appear. The complainant submits that the OP member is not interested in settling the genuine and legitimate claims. The cause of action arose of this case on 31.12.2018, 01.10.2019 and 03.02. Under such circumstances complainant humbly prays for return of ornament or money of Rs. 22,000/-, comp0ensation of Rs. 50,000/- for harassment, financial loss, mental pain and agony and others loss and damages, litigation cost of Rs. 5000/ and other reliefs.
Summon was issued upon the Opposite Party. Despite service of summon the OP did not appear to contest the case. Hence, the case is heard ex parte against the OP.
Points for determination are:
1. Is the case maintainable in its present form and in law?
2. Is the Complainant entitled to the relief(s) as sought for?
Decision with reasons
Both the points, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.
We have carefully perused the affidavit of the complainant and evidence produced by Complainant .The OP has not turned up to controvert the statement of the complainant on oath. After several assurances OP failed to deliver the ornament as agreed. As per terms and conditions the O.P. member was bound to deliver new ornament or return the previous ornament but he misused the good faith. The op deliberately and willfully harassed and caused mental pain, agony, loss and damages to of complainant. On 18.07.2019 of complainant filed a petition before The Assistant Director Consumer Affairs and Fair Business Practices, Purba Medinipur at Tamluk for peaceful mediation of the said matter and the Assistant Director Consumer Affairs and Fair Business Practices treated the complaint being complaint No. 61/PBM/19 dated 20.08.2019. The Assistant Director Consumer Affairs and Fair Business Practices, Purba Medinipur at Tamluk, fixed date for peaceful mediation and sent a letter to O.P. bearing memo no. –391/1/1(1)CAPBM/61/PBM/19 dated 20.08.2019 for appearance of both the parties for mediation. After discussion, the CA & FBP at Tamluk resolved the matter, the O.P. member promised that he would pay Rs. 29.000/- in three installments. The O.P returned only Rs. 5,000/- on 01.10.2019 and Rs. 2,000/- on 11.12.2019 total Rs. 7,000/- out of total amicable amount/ mediation amount Rs. 29,000/-, till now he did not pay the rest amount of Rs. 22,000/- to the complainant. From the above facts and uncontroverted evidence it appears that the complainant has been successful in proving his case.
Thus both the points are decided in favour of the complainant.
Hence, it is
O R D E R E D
That CC/92 of 2020 be and the same is allowed ex parte against the OP.
The Opposite Party is hereby directed to pay a sum of Rs.22,000/-as gold value and compensation of Rs.8,000/- to the complainant along with interest @ 8% p.a. from the date of filing of this case till full realization of the awarded amount with further Rs. 5000/- as litigation cost, within one month from the date of this order, failing which the complainant will be at liberty to put this order into execution.
Let copy of the judgment be supplied to all the parties free of cost
