DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C. C.  CASE  NO. 327/2019

           Date of Filing:                         Date of Admission:                               Date of Disposal:                

          08.11.2019                                   22.11.2019                                            09.12.2022

P R E S E N T               :-        Smt. Monisha Shaw …………………. Member.

                                      :-        Sri Abhijit Basu……………………….Member

JUDGMENT / FINAL ORDER

This is a complaint U/s. 12 of the C.P. Act, 1986.

This case filed by the complainant named Prasenjit Saha u/s 12 of the C.P. Act, 1986 and it is amended upto date. The brief of the case is as follows:-

The opposite parties offered for advance book purchase gold Bank (single)-‘SQGNL’ scheme plan towards present complainant. The complainant accepted the officer of the opposite parties and purchased three certificates vide Nos. 092000085329, 092000085330, 092000085331 corresponding receipt No.-912009767688, 912009767689, 912009767690 respectively from the authorized centre of the opposite parties and code No.1632, Habra Sector on 31.07.2012 regarding as ‘Advance Book/ purchase on gold bank (single) ‘SQGNL’ scheme/ plan. The three certificates booked gold quality ten grams in 22 Karat which is stipulated each certificate cost of Rs. 18,000/- total cost of three certificates is Rs. 54,000/-. The duration was from 30.07.2012 upto 30.07.2017 for five years. After completing five years complainant went to the office of the opposite parties for receiving the gold or same value money but the opposite parties did not give him return the same. The complainant sent letters but in vain. Hence the complainant filed this case. The complainant filed this case in the year 2014. After filing this case the notices were served upon the opposite parties. O.P appeared and submitted written version. In written version admitted that the complainant purchased the said certificates but they could not turn it due to embargo of the Hon’ble Supreme Court. The opposite parties could not provide any such order of embargo of the Hon’ble Supreme Court. Thereafter opposite parties were not appeared before this commission. It is admitted that the complainant paid money of Rs. 54,000/- for purchase the ‘Advance Book / purchase gold coins in 22 karat for total three certificates on 31.07.2012 hence complainant is the consumer and the opposite parties are service provider. But the opposite parties failed and neglected to provide their service which is unfair trade practice therefore this case shall be tryable under the C.P. Act.

Contd/-2

C. C.  CASE  NO. 327/2019

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Issue for the case

            1.Whether the case is maintainable or not?

            2.Whether the complainant is entitled to get any relief or reliefs in this case?

Decision with Reasons

            Considering the facts and circumstances of the case as well as the nature and character of this case all the points are interlinked with each other and as such all the points are taken up together for consideration for the sake of brevity and convenience.

            It is revealed from the case record that the complainant deposited money and /or purchased advance booking of gold. The complainant purchased three certificates and all certificates contain 10 grams of gold i.e. 30 grams of gold in 22 karat for five years. After completing five years the opposite parties was not return the purchased / booked gold to the complainant. The certificate proves here the status of the opposite parties as service provider and complainant is a consumer of the O.Ps. The opposite parties failed to provide the service or neglected to provide the service. This case is within the jurisdiction of this commission. So, this commission has ample power to try this case.

            We have perused all the documents and considered written version filed by the opposite parties. On perused the aforesaid materials it appears that the complainant paid total Rs. 54,000/-for Advance / gold purchase scheme and purchase three certificates @ Rs. 18,000/- each. The opposite parties issued the certificates but after five years did not return the same as agreed, which his deficiency of service on the part of the opposite parties. As such we are of the view that the complainant is entitled to receive the purchased gold as prayed for which will be reflected in ordering portion.

            Thus all the points are disposed of accordingly.

Hence, for ends of justice

                                                 It is Ordered

that the complainant do get a decree and it is directed to the opposite parties that the opposite parties shall deliver total 30 grams (i.e. ten grams each three certificates )gold coin in 22 karat to the complainant within  two months alternatively the opposite parties shall pay the value of the gold Rs. 1,88,500/- as in the year 2019 with an interest of 6% from 07.11.2019 till recovery within two months.

Failing which the complainant has liberty to file execution case as per law.

Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.

Dictated & Corrected by me                      

Member                                                                                        

Member                                                         Member