Date of filing : 7.9.2018

Judgment : Dt.10.6.2019

Mrs. Sashi Kala Basu, Hon’ble President 

            This petition of complaint is filed under section 12 of C.P.Act, 1986 by Smt. Pranati Paul alleging deficiency in service on the part of the opposite party (referred as OP hereinafter) namely Sri Dilip Kumar Karmakar.

            The Case of the Complainant, in short, is that on 18.8.2017 Complainant deposited two gold plates of white bangle (Sankha) weighing 3.3 gms each totaling 6.6 gms for making a new pair of Sankha with the said gold plates. A receipt was issued by the OP. But on various dates OP committed in writing  that he shall deliver the new pair of Sankha, but every time he  failed and neglected to hand over the same to the Complainant. A complaint was also filed by the Complainant before the Consumer Grievance Cell. But as the OP failed to comply, the present complaint has been filed by the Complainant praying for directing the OP to refund the two gold plates weighing  3.3 gms each  totaling 6.6. gms along with interest @ 25% p.a., to pay Rs.20,000/- as litigation cost and Rs.50,000/- as compensation.

            Complainant has annexed with the complaint petition the receipts issued by the OP acknowledging the receipt of the gold plates and also copy of the notice sent by the Complainant to the OP through her Ld. Advocate.

            On perusal of the record it appears that in spite of service of notice, no step was taken by the OP and so the case has been heard ex-parte.

            Thus, only point requires determination is whether Complainant is entitled to the relief as sought for.

Decision with reasons

In support of her claim that the two gold places of 3.3 gms each totaling 6.6 gms was handed over to the OP on 18.8.2017, Complainant has filed the receipt which also bears the signature of the OP. The other receipts indicate that on different dates the OP assured to give the new pair of white bangles (Sanakha). But, according to the Complainant, he has not handed over the new pair of Sankha in spite of repeated assurances. It appears that the notice was also sent by the Complainant through her Ld. Advocate on 17.7.2017. But the OP failed to deliver the same. Since before this Forum there is absolutely no contrary material to rebut and counter the case of the Complainant. On consideration of receipts filed by the Complainant, the case of the Complainant is well established and thus she is entitled to refund of the two gold plates weighing 3.3 gms each totaling 6.6 gms. She is further entitled to compensation o f Rs.12,000/- for harassment and mental agony and litigation cost of Rs.8,000/-. Since the compensation is allowed no interest, as prayed, can be allowed.

            Hence

                     ordered

CC/542/2018 is allowed ex-parte. OP is hereby directed to return two gold plates weighing 3.3 gms each totaling 6.6 gms to the Complainant within two months from the date of this order. The OP is further directed to pay compensation of Rs.12,000/- and litigation cost of Rs.8,000/- within the aforesaid period of two months failing which the entire sum shall carry interest @ 10% p.a. till realization.