BEFORE THE DISTRICT CONSUMER FORUM AT NALGONDA
PRESENT: SRI MAMIDI CHRISTOPHER,
PRESIDENT.
SMT.S.SANDHYA RANI,
FEMALE MEMBER.
. . .
TUESDAY, THE NINETEENTH DAY OF NOVEMBER, 2019
CONSUMER COMPLAINT No. 29 OF 2016
Between:
Jakkali Nagaiah S/o Chandraiah, Aged: 26 years, Occ: Business,
R/o Bandavarigudem Village of Thipparthy Mandal,
Nalgonda District.
…COMPLAINANT.
]
AND
Varalaxmi Jewellery Works, New Prakasham Bazar, Nalgonda
Town. Represented by its Proprietor Mr.Kolloju Prasad
S/o Not known, R/o H.No.6-7-369, Near: Ekalavya School,
Ravindranagar locality of Nalgonda Town.
…OPPOSITE PARTY.
This complaint coming on before us for final hearing, in the presence of Sri Janigala Ramulu, Advocate for the Complainant, and the Opposite Party having been called absent, and on perusing the material papers on record, and having stood over for consideration till this day, the Forum passed the following:
ORDER OF THE FORUM DELIVERED
BY SMT.S.SANDHYA RANI, FEMALE MEMBER
1. This complaint is filed by Sri Jakkali Nagaiah, under section 12 of the Consumer Protection Act, 1986 to direct the Opposite Party to pay the advancement amount of Rs.25,000/- with interest @ 24% p.a. from 01/07/2015, an amount of Rs.15,000/- towards mental agony and Rs.50,000/- towards legal expenses.
2. The facts leading to file this complaint are as follows:
It is the say of the Complainant that he approached the Opposite Party and placed an order on 01/07/2015 to prepare two rings
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weighing about 5gm and 2.500 mg. and matilu weighing 0.800 mg. and the total weight of the gold was 8.300mg. The Opposite Party prepared a bill for an amount of Rs.22,677/- towards the cost of the gold and making charges of said items. Out of the said total amount, the Complainant paid Rs.20,000/- on 01/07/2015 and agreed to pay the balance of Rs.2,677/- at the time of delivery of the gold items. The Complainant further submits that he purchased matilu worth Rs.5,500/-, thus he totally paid Rs.25,500/- to the Opposite Party and he has to pay Rs.2,012/- towards remaining balance amount to the Opposite Party.
3. The Complainant further submits that he approached the Opposite Party for the prepared gold items, but the Opposite Party did not return the gold items to the Complainant. Vexed with the attitude of the Opposite Party, the Complainant demanded to return an amount of Rs.25,500/- paid for the gold items, but the Opposite Party refused to return the said amount. Finally, the Complainant got issued a legal notice through his Advocate on 22/12/2015 either to execute the order duly placed by him else to return the advance amount of Rs.25,500/- along with interest @ 24% p.a. effecting from 01/07/2015. The legal notice issued by the Complainant was unserved. The acts of the Opposite Party amounts to deficiency in service and as such, the Complainant filed this complaint.
4. The notice sent to the Opposite Party by this Forum was returned with an endorsement “no such address in New Prakasham Bazar and no such person in the given house number”.
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5. The Complainant took steps and issued paper publication in Nava Telangana Telugu Daily, Nalgonda District edition on 12/03/2019, in spite of it the Opposite Party failed to appear before this Forum and was called absent on 23/03/2019.
6. The Complainant filed his proof affidavit and marked Exs.A-1 to A-4.
7. Now the points that arise for consideration are:
- Whether there was deficiency in service on the part of the
Opposite Party or not?
2) Whether the Complainant is entitled for the claims he made
in his complaint?
3) If so, to what extent?
8. POINT No.1:
It is not in dispute that the Complainant approached the Opposite Party for ordering gold items, i.e. two rings and purchase of Matilu from the Opposite Party on 01/07/2015 at his house by name Varalaxmi Jewellery Works, New Prakasham Bazar, Nalgonda. Ex.A-1 is the receipt issued by the Opposite Party. The Complainant after ordering, approached the Opposite Party to return the prepared gold items, but the Opposite Party failed to give the gold items. The Complainant demanded the Opposite Party to return the amount of Rs.25,500/- which was paid by him towards advance and making charges of the gold items. Subsequently, the Complainant sent a legal notice Ex.A-2 to the Opposite Party which was returned as unserved. Ex.A-3 is the unserved Postal Cover and Ex.A-4 is the Postal Acknowledgement. The Complainant also issued paper publication and
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directed the Opposite Party to appear before this Forum on 22/03/2019. In spite of publication of notice, the Opposite Party failed to appear before this Forum. For the above stated reasons, there is deficiency in service on the part of the Opposite Party.
9. POINT Nos.2 & 3:
In the light of the above findings, the Complainant is entitled for an amount of Rs.25,500/- which he paid to the Opposite Party towards advance and making charges for making of two gold rings and matilu. The Complainant further entitled for Rs.5,000/- towards mental agony apart from costs of Rs.2,000/-.
In the result, Opposite Party is directed to deposit in this Forum, a sum of Rs.25,500/- [Rupees Twenty Five Thousand and Five Hundred only] towards advance amount with interest at the rate of 9% p.a. from the date of the complaint, i.e. 24/09/2016 till realization, Rs.5,000/- [Rupees Five Thousand only] towards mental agony and Rs.2,000/- [Rupees Two Thousand only] towards costs. Time for compliance one month from the date of receipt of this Order. Accordingly, the complaint is partly allowed.
Dictated to Steno-Typist, transcribed by him, corrected and pronounced by us in the open Forum on this 19th day of November, 2019.
FEMALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Complainant: For Opposite Party:
Affidavit of Complainant. Nil.
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EXHIBITS MARKED
For Complainant:
Ex.A-1: Dt.01/07/2015 Original Receipt for Rs.25,500/-, issued by
Opposite Party.
Ex.A-2: Dt.22/12/2015 O/c of legal notice issued by the counsel
for the Complainant to the Opposite Party.
Ex.A-3 Dt.23/12/2015 Unserved Postal Cover.
Ex.A-4 Dt.22/12/2015 Postal Acknowledgement.
For Opposite Party:
Nil.
PRESIDENT
DISTRICT CONSUMER FORUM
NALGONDA
TO
1). Sri J.Ramulu,
Advocate for the Complainant.
2). The Opposite Party.
