JUDGEMENT

          Complainantby filing this complaint has submitted that op is an Astrologer having its business of selling of various types of stones and other ornamental products and he also deals with diamond having its office at 8, Baisnab Sett Street, Near Jorabagan Park, Police Station- Jorabagan, Kolkata – 6.  Practically complainant purchased one diamond ring with white metal and one cats eye with gold ring on condition that if the rings does not suit that will be taken back by op.

          Subsequently for unfortunate reasons complainant refunded both the rings in July 2012 to the op and op acknowledged it and promised to refund a sum of Rs.34,840/- which is after deduction of 20% on the original cost/price and gold weighing 3.420 grams amounting Rs.10,602/- and though the op refused to give any formal receipt and just gave a hand written note having no date, sign, address etc.but op promised to refund the money and against that complainant made a written request to the op after two months but op did not respond against that notice and fact remains thereafter complainant made several request to op for refund of money but op never refunded the same and complainant made so many phone calls to the op however op agreed to pay but did not refund and the fact remains for deficient manner of service and negligent manner of service and for not refunding the sum complainant filed this complaint for relief.

          Whereas op by filing this written statement has submitted that the present complaint is frivolous in nature and malafide with intention to grab money and the present case does not fall within the ambit of C.P. Act and it is not maintainable and further practically complainant is not a consumer and it is proved that there was no relationship of consumer or service provider or seller and also failed to prove any documentary evidence to show that op sold the said one diamond ring with cats eye with gold ring and op received consideration money for the said sold articles to the complainant and also failed to prove that op carried a trade business of zems and stones and in the circumstances the entire complaint is not maintainable and the allegations are completely false and frivolous and further denied the parawise allegations of the complaint in all respect in his written statement.  But he has admitted that the complainant continuously made aimless and baseless telephone calls and issued letter dated 19.09.2012 knowing fully well that this op has no role whatsoever to play and no legal obligation accrued to this op to refund the said amount of Rs.34,380/- to the complainant and he has also stated that he never sold diamond ring with white metal and one cats eye with gold ring and has not received any consideration for such sale from the complainant and there is no relationship consumer and seller in between the parties and complainant is not a consumer for which the present complaint should be dismissed.

Decision with reasons

          On proper assessment and evaluation of the complaint and written statement including the questionaire and also the evidence in chief of both the parties including the documents and also relying upon the argument as advanced by the Ld. Lawyers of both the parties it is found that op has tried to convince that there was no relationship in between the complainant and the op.  So, this point is taken up for decision at first whether there was any relationship in between the complainant and the op.  In this regard we have gathered that op is son of AshutoshBhattacharyay and he is also a astrologer and on 12.06.2011 complainant went to him along with his son Koushik Banerjee to read his future and SnehansuBhattacharjee the present op issued his opinion by reading his palm and also his astrological position and issued his opinion by reading his palm and also his planetary position and issued a prescription for wearing diamond white metal and cats eye within on 21.06.2011and for those two stones op claimed Rs.11,200/- only and that is noted by his hand writing and it is also found from another receipt without any signature but it was written by the op and op received diamond ring with white metal and one cats eye with gold ring and refundable amount was fixed Rs.34,840/- and when it was prescribed by the op and op by his hand writing noted the details wherefrom it is found that he prescribed to wear cats eye and also the stone diamond size fixed with golden ring and he also took testing charges, making charges and other charges. 

          But most interesting factor is that op has not denied that he read the palm and prepared the future history after astrological study in respect of son of the complainant Koushik Banerjee on 21.06.2011 and that prescription of the present op no doubt on astrologyis not denied.  Though this document was supplied to the op along with the complaint and op is silent about that.  Another factor is that along with that prescription he gave details about cats eye and other diamond ring etc. including gold and he received making charges, setting charges, castering charges etc. and also gold weighing 3.470 grams and further it is found from the document that against that receipt he received back it expressing that he shall have to refund Rs.34,840/- plus gold.  But practically against that op is silent.

          Another factor is that op is no doubt an astrologer having its office at8, Baisnab Sett Street, Near Jorabagan Park, Police Station- Jorabagan, Kolkata – 6 having its mobile number 9433088464 and complainant in support of his further repeated request to the op talked with the op on several occasion and to prove that fact he has produced item wise statement of phone calls wherefrom it is found that particularly from 02.08.2012 to 01.09.2012 complainant talked with op in this regard invariably 12 times and thereafter from 02.09.2012 to 06.09.2012 requested the op on 3 occasion.  Thereafter he requested the op on 07.10.2012, 11.10.2012, 17.10.2012 and 29.10.2012 and op has admitted in his written statement that complainant made phone calls with him on several occasion.  But op has not disclosed for what reasons the complainant talked with him so many times over phone.

          Another factor is that complainant sent letter on 19.09.2012 by registered post with A/D with prayer for refund of the said amount with gold after deduction 20% from the original cost and that letter was received by the op.  Thereafter on 06.11.2012 complainant sent another letter to the op through his Ld. Lawyerthat was received by the op.  But peculiar factor is that if actually op had no relation or contact with the complainant in that case as an honest astrologer he ought to have repliedin writing denying the claim of the complainant which was made by him through 2 letters.  Fact remains that if an astrologer is not found honest and truthful and if he does not cheat the customer in that case such an honest astrologer must have to respond against such claim as made by the complainant.  But considering the long silence  of the op in all respect and admission of the fact by the op that he received those letters and phone calls but he did not respond simply prove that this op is a dishonest astrologer who cheats such consumer who is mentally disturbed for his son’s future and goes to such astrologer for relief and no doubt the present op issued a prescription as astrologer which is evident from that document written and signed by op on 21.06.2011 and he prescribed by that astrological prescription as jotish, diamond ring with white metal and one cats eye with gold ring and he also assessed everything another page attached to that prescription and complainant with hope for better future of his son took it from the op and op also received making charges, setting charges, custering charges etc.  But anyhow after taking it from the op on payment he did not find any result and for which he returned it and op received it by writing by his pen but there was no signature.  But it was on the backside of the receipt of making and setting and castering and other matters.  Most interesting factor is that op has not denied the fact of issuing the prescription and attached details of cost of the said articles.

          So, considering that fact and also the conduct of the op we are convinced to hold that op as per prescription supplied those articles after getting money including all costs and that is the common business of all the jotish and so called astrologer like this op.  But anyhow other co-related factors that is talk in between the complainant and the op for several occasion over phone is not denied by the op and receipt of demand letters of the complainant for refund of the sum as per that note is not denied by the op.  Then considering that we are convinced to hold that op as astrologer read the palm of the son of the complainant and also read the planetary astrological position of the complainant’s son and for his future protection effect of different planets and so that his son may be protected he prescribed stones and he supplied it after receipt of money as an astrological medicine to protect the present condition of the son of the complainant.  But invariably there was oral contract that goods (stones and gold ring) do not give effect and result in that case it shall be received back and fact remains op received it and agreed to refund Rs.34,840/- + Gold,  but that was not refunded which is proved from the fact that demand notice was sent 2 times but op was found silent and no reply was given many times over phone though complainant requested to refund but op admitted that he received all calls, received letters but he did not respond and that is the conduct of the business of astrologer in India and that is their business.

          Moreover it is to be mentioned in this regard that all the astrologers are in a habit to prepare the rings fitted with stones or zems stating that same shall be prepared thereafter some puja performance is required for make it purified by adopting some procedure and thereafter they sell to the customer after getting amount and this is the procedure that has been adopted by the dishonest astrologer who deals with such business of cheating and no doubt after cheating the complainant op has appeared before this Forum to convince that there is no relationship between the complainant and op as seller and purchaser.  But that allegation of the op is proved false rather it is proved that complainant is a consumer to the op astrologer and it is his business of astrology to sell stones, zems fixed with gold with ring as medicine for protecting the future fate of the public at large and we are people who have suffering from several type of tension for establishment of the sons and daughters and for loss of confidence we go to the such type of astrologer being allured by their advertisement etc.  But in most of the cases we are being cheated.  But fact remains it has become a disease like cancer in our daily life even the people holding highest post are duly making queue in the astrologer chambers to protect their future to become a lord or become a top business men or become a rich man or political figure etc.

          So, even the people who are in highest post, in their fingers there are more than 8 god gifted rings (astrological prescribed rings) and in this case present complainant also followed that path to remove the uncontrolled activities of his son but failed due to present op’s cheating activities and practically complainant has been deceived by this op and practically such op should be sent to jail at once because it is completely cheating business and in this case it is proved that this op sold those articles, received Rs.34,840/- and gold was supplied by the op, op admitted to refund it but did not refund.  So, in the present case we are convinced to hold that the present complainant is deceived by the op and at the same time it is proved that op supplied those articles thereafter received back and noted down that Rs.34,840/- along with gold shall be returned but admission of the op that he received letters, phone calls also prove the fact that op as seller of the same or supplier of the same on payment of money or gold convinced the complainant that his son will get better future after wearing it but ultimately complainant found no result so as per his oral commitment op received it in writing and he noted down that he shall have to return the amount and gold and ultimately did not return and it is unfair trade practice on the part of the astrologer because astrologer is a business man by profession and when any astrologer gives any assurance to any customer to wear that diamond ring with white metal and one cats eye with gold ring in that case his son shall be protected and ultimately it is found that said rings like medicine did not work and in that case if it should be refunded and op astrologer admitted to refund the money with gold so it is a contract in between the op and the complainant andcomplainant went to skilled astrologer to get medicine for protecting the activities of his son and his future.

          So, we are convinced that there was a relationship in between the complainant and the op as consumer and and op practically in the written statement submitted and praised his activities only to avoid refund and that is the business of the astrologers like this op and no doubt complainant is entitled to get back it because complainant has been deceived, cheated by the op and fact remains that op has been running a skilled business in the name of astrology but practically his astrology fails that means his prescribed medicine fails so invariably he must have to refund the entire amount when op has received the same.

          In the light of the above observation we are convinced to hold that it is a peculiar case and no doubt the people shall have to realize what is the activities of the astrologer in the society and the ill-fated parents shall have to think before entering into any astrologer chamber like this op and to control this cheating business of the astrologer and to control this op from running his cheating business huge penalty should be imposed for adopting such an unfair trade practice.

          In the light of the above observation and findings we are inclined to hold that complainant is entitled to get relief against the op when op has adopted unfair trade practice and cheated and has not refunded his dues and also gold what the op is bound to pay and refund it with compensation and also by paying punitive damages for adopting unfair trade practice.

          Thus the complaint succeeds.     

Hence, it is

ORDERED

That the complaint be and the same is allowed on contest with cost of Rs.10,000/- against the op.

Op is hereby directed to refund Rs.34,840/- and also gold weighing about 3.420 grams or the present market price of the said gold to the complainant within one month from the date of this order and also for causing harassment, mental pain and agony op shall have to pay a sum of Rs.15,000/- to the complainant within one month from the date of this order.

For adopting unfair trade practice op shall have to pay punitive damages of Rs.25,000/- which shall be deposited to this Forum and it is imposed to control the unfair trade practice as adopted by the op and to protect the future activities of the op and to save the interest of the so called ill-fated parents from the hands of such type of unscrupulous astrologer like this op.

          Op is directed to comply the order within one month from the date of this order failing for each day’s delay penal interest @ Rs.300/- per day shall be assessed till full implementation of this order and even if it is found that op is reluctant to comply this order in that case against him penal proceeding shall be started for which he may be imposed further penalty of Rs.10,000/- as per provision of Section 27 of C.P. Act 1986.