Adv.Ravi Susha, Member

                 The case of the complainant is that he purchased gold ornament    including a chain from opposite party’s shop on 17/10/2009 weighting 11.680 gm for Rs.21680/-. Opposite party received Rs.4600/- as “Pani Kooly ’’ for the chain. Within 4 days the said chain broken and lost. After two days it was got back from one neighbour after paying Rs.10,000/- as reward. Complainant informed the said matters to the opposite party/. But they did not care to listen the complainant’s grievances. Hence the complainant filed this compliant for getting relief from the opposite party.

        Notice was sent to the opposite party. After receiving the notice from the Forum, the opposite party did not appear before the Forum. Hence the opposite party was set exparte.

                    Complainant filed chief affidavit and four documents. First document is the estimate marked as Ext.P1. Second document is notice dated 24/04/2010 sent to

(2)

the opposite party marked as Ext.P2. Third document is its postal receipt marked as Ext.P3. Fourth document is the complaint filed before Legal Services Authority marked as Ext.P4. Complainant was heard.

                        Here the complainant’s case is that the purchased ornament broken and lost. Ornament break due to the low quality of joints in the chain. For proving the case the complainant has not produced the said ornament before the Forum. The complainant did not adduce any expert evidence for proving the low quality of gold. More over, Ext.P1 is an exchange estimate. But it does not reveal that it is of the opposite party. There is no seal or any mark of the opposite party.

                           On considering the affidavit and entire evidence we are of the view that the complainant failed to prove his case. The complainant could not convince the varacity of the complaint. Without proving the case, though the opposite party is exparte, the complainant is not entitled to get any relief.

                         In the result, the complaint fails and the same is dismissed. No cost.

                                              Dated this the 29^th day of May 2012.

                                                          G.Vasanthakumari                    :Sd/-

                                                          Adv.Ravi Susha               :Sd/-

                                                          R.Vijayakumar                :Sd/-

List of documents

P1                         - estimate dated: 17/10/2009

P2                         - notice dated 24/04/2010 sent to the opposite party

P3                         - postal receipt

P4                         - Legal Services Authority

                                                                           // Forwarded by Order //

                                                                                    Senior Superintendent