Ld Advocate for the complainant is present. Judgement is ready and pronounced in open Commission in 3 pages 2 separate sheets of paper.

BY -SRI.SAURAV CHANDRA, PRESIDENT-IN-CHARGE

1. Brief facts of the Complainant’s case are that the Opposite Parties are the Ornament Maker (Gold Smith) -cum- Seller under the name and style of Nilanjana Jewellery Works from which the Complainant advanced Rs.13,000.00 on 01.02.2020 vide Bill No.553 towards making One Pair 5.500 KDM Gold Earring (Jhumka).

2. On 04.04.2021, the Complainant for delivery of the said ornament but, the Ops failed to deliver the same and even after several persuasions of the Complainant neither delivered the ornament nor returned the advanced booking amount.  

3. Upon aggrieved, the Complainant appeared before the CA&FBP, Purba Medinipur on 22.08.2022 for Mediation but, the said proceeding is dropped due to non-appearance of the Ops

4. Therefore, as per the advice of the CA&FBP, Purba Medinipur, the Complainant filed the instant case before this Commission.

5. The cause of action of this case arose on 22.08.2022 and 15.02.2023 respectively.

The Complainant, therefore, prays for:-

1. To Deliver the Ornaments or Return the Advance Money of Rs.13,000.00 with Interest to your Complainant.

2. To pay Compensation of Rs.20,000.00 for harassment, financial loss, mental pain, agony and other loss and damages.

3. To pay Litigation Cost of Rs.5,000.00 to the Complainant for conducting the case.

4. Any other reliefs.

6. Notices were duly served upon the Op No.1 & 2but, the Ops have preferred to see the case be decided ex-party against them.

7. Under the above circumstances, the Complainant has prayed for anex-party order against the Ops.

8. 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?

9. Decision with reasons

1. Both the points I and II, being inter related to each other, are taken up together for discussion for sake of brevity and convenience.

2. We have carefully perused the materials on record including the Complaint along with all other supporting papers and documents.

3. Having regards had to the facts and circumstances of the case in the light of evidence, it is evident that there is no dispute that Complainant is a consumer having grievances against the Ops, as such the case is maintainable in its present form and in law.

4. From the above documents, it is clearly transpires, the Ops has taken the advance booking amount from the Complainant for making One Pair 5.500 KDM Gold Earring (Jhumka) with a Rate @30,000.00 per 10 Grams but, in-spite of several reminders, requests, persuasions they not only failed to deliver the same but, deliberately not refunded the Advanced Booking Amount, which amounts to breach of trust and Unfair Trade Practice with forcing the Complainant to suffer a severe economic loss, harassment and mental agony.

5. Now, coming to the matter of reliefs, the Ops can’t get absolved from the mischief of Unfair Trade Practice. The Ops will be jointly and severally liable to Refund the Advanced Booking Amount of Rs.13,000.00 (Rupees Thirteen Thousand Only) to the Complainant within 45 days from the date of this order and a Simple Interest @9% per annum in addition to the said amount from the date of filing of this case till actual payment. The Commission also think it would just and proper if we direct the Ops(jointly or severally)to pay Rs.17,000.00towards Compensation and Rs.3,000.00 as Litigation Cost to the Complainant within 45 days from the date of this order in default the Ops will have to pay @ Rs.100.00 per diem (day) in addition to the said amount for non-compliance from the date of this order.

6. Accordingly, both the points are disposed of
7.  Thus, the complaint case fully succeeds.

Hence, it is

          O R D E R E D

That the CC-15 of 2023 be and the same is allowed ex-parte against the Ops.

The Ops, who are jointly and severally liable, are directed to pay Rs.13,000.00 and simple interest @9% per annum from the date of filing of this case till actual payment; Rs.17,000.00 towards Compensation and Rs.3,000.00 towards Litigation Costs within 45 days from the date of this order in default the Ops will have to pay @ Rs.100.00 per diem (day) in addition to the said amount for non-compliance from the date of this order.

The Complainant would be at liberty to put the order into execution u/s 71 of the Consumer Protection Act, 2019 and to initiate a proceeding u/s 72 of the Consumer Protection Act, 2019.

Let a copy of this judgment be provided to the Complainant free of cost. The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.

File be consigned to record section along with a copy of this   judgment.