BY - SRI ASISH DEB, PRESIDENT
Brief facts of the complainants’ case are that the complainant is permanent inhabitant of above mentioned. O.P. No.-01 is the proprietor, owner and representative of O.P. No.-2 O.P. No.01 running his business namely- Maa Kali Jewelry Works at Mahisadal, under P.S.- Mahisadal, in the district of Purba Medinipur. O.P. No.-1 is a goldsmith cum ornament maker and proprietor of O.P. No.-2. For requirement of remaking of gold chain/necklace in new design and repairing of gold bangle, complainant met with the O.P. No.-1 at O.P. No.-2 business place on 30.04.2018. After elaborate discussion O.P.-1 assured complainant to remake of gold chain/necklace in new design and repair the gold bangle within one month or lastly on 08.07.2018. On 30.04.2018 for remaking of gold chain/necklace in new design and repairing the gold bangle , she handed over her gold ornaments i.e. gold chain 14 grams (12 grams solid) and one pair of bangle (Pola) to the O.P. and same were received by the O.P. No.-01 and issued an approval slip in her favour. After one month from the date of order she met with the O.P. member and asked for delivery of said ornaments but he did not give delivery of the same, O.P. was called for delivery on 08/07/2018. She further met with O.P. member on 08/07/2018 to receive the schedule ornaments from him but on that day he also did not deliver the same. The complainant met with O.P. member and requested him to deliver the ornaments or return the same in previous condition on several occasion but in vain. Lastly complainant was compelled to accept the proposal of O.P. that he would return Rs. 46,150/- as price of gold, but he sent amount of Rs. 10,000/- only out of Rs. 46,150/- through his mother. Thereafter O.P. neither took any steps to deliver the ornaments nor returned the rest money to the complainant, he deliberately and willfully harassed, caused irreparable loss & damages with mental pain and agony. The complainant issued a letter to the O.P.-1 on 18.01.2019 to return money of Rs. 36,150/- and said letter was received by O.P. No.-19.01.2019 but no step has been taken by him. On 21.02.2019 complainant filed a petition to The Assistant Director Consumer Affairs and Fair Business Practices, Purba Medinipur at Tamluk for peaceful mediation about the said matter. The Assistant Director Consumer Affairs and Fair Business Practices, Purba Meidnipur at Tamluk, fixed on 15.05.2019 for peaceful mediation and sent a letter to O.P. NO.-01, bearing Memo No. 25/PBM/19 dated 25.02.2019 for appear both the parties for mediation. On 15.05.2019 complainant appeared but the O.P. No.-01, was absent without taking any steps.. The cause of action arose on 08.07.2018 and 15.05.2018. Under such circumstances complainant humbly for passing necessary order/orders for payment of amount of Rs. 36,150/-, for compensation of Rs. 30,000/- for harassment, mental pain and agony, loss and damages of building material and labour etc, litigation cost of Rs. 5000/- and for other reliefs as per law and equity.
Notices of the case were duly served upon the ops, however, the O.Ps. preferred to see that the case is decided ex-parte against it.
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. On appraisal of the materials on records along with bundle of facts it appears that the complainant is a Consumer in respect of the transaction made by him with the O.Ps. The case is maintainable in its present form and in law.
Now, it appears that the complainant by his uncontroverted examination-in-chief on affidavit has stated that On 30.04.2018 for remaking of gold chain/necklace in new design and repairing the gold bangle, she handed over her gold ornaments i.e. gold chain 14 grams (12 grams solid) and one pair of bangle (Pola) to the O.P. and same were received by the O.P. No.-01 and issued an approval slip in her favour. After one month from the date of order she met with the O.P. member and asked for delivery of said ornaments but he did not give delivery of the same, O.P. was called for delivery on 08/07/2018. She further met with O.P. member on 08/07/2018 to receive the schedule ornaments from him but on that day he also did not deliver the same. The complainant met with O.P. member and requested him to deliver the ornaments or return the same in previous condition on several occasion but in vain. Lastly complainant was compelled to accept the proposal of O.P. that he would return Rs. 46,150/- as price of gold, but he sent amount of Rs. 10,000/- only out of Rs. 46,150/- through his mother. He did not return the settled rest amount of Rs.36,150/-. So, from the unchallenged evidence on record it is established that the complainant is entitled to get the reliefs that is to get the refund of Rs. 36,150/- along with simple interest @ 8 % per annum from the date of filing of this case till realization, along with Rs. 5,000/- as towards compensation and Rs. 5,000/- as towards litigation cost.
Thus both the points are decided in favour of the complainant.
Hence, it is
O R D E R E D
That CC/432 of 2019 be and the same is allowed ex parte against the OPs.
The Opposite Party- NO-1 is hereby directed to pay a sum of Rs.36,150/-as rest amount of gold value along with simple interest @ 8 % per annum from the date of filing of this case till realization along with Rs. 5,000/- as towards compensation and Rs. 5,000/- as towards 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
