DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.C.CASE NO. 161/2022

Ravi Sridevi, aged about55 years,

W/o- Sanatana Tripathy,  Qrt. No.2R-B-5/8,

Gopabandhu Square, Unit -8, PO- Nayapallli,

Bhubaneswar – 751012

….     Complainant             

-Vrs.-

1. Syndicate Jewelers Private  Ltd., Head office,

22 Camac St. Kankaria Estates, Elgin, Kolkata,

West Bengal- 700071, through Its Managing Director.

2. Manger, Syndicate Jewelers Private  Ltd.,

Ram Mandir, Unit-3, Bhubaneswar – 751001,

Dist - Khurda

                                                                   ….     Opp. Parties  

For the complainant      :         Mr. K.C.Prusty & Associates(Adv.)

For the OPs                             :         Exparte

DATE OF FILING         :         04/06/2022

DATE OF ORDER        :         19/08/2023

ORDER

S.TRIPATHY, MEMBER 

1.       The complainant Ravi Sridevi  has filed  this consumer complaint U/s 35 of the C.P.Act, 2019  alleging  unfair trade practice against the OPs (Syndicate Jewelers Private  Ltd).

2.       The facts of the case in brief are that, the  complainant approached to the OP.2  for making  two pairs of gold bangles in exchange of her two  pairs of gold bangles (old) weighing 25,540 gm + 21.000 gm = 46,540 gm.  The OP.2 calculated the price of the gold for  Rs.2,10,409.06,  keeping in view the weight, purity and current price of gold per gram and kept the order of the complainant of making two new pairs of gold bangles.  But the OP.2  failed  to supply two new pairs of gold bangles to the complainant  in time despite several visits of the complainant. At last, the complainant cancelled the order and requested the OP.2  to return her old gold. On 09/05/2022, the OP.2  handed over a piece of gold weighing 38.720 gm to the complainant, which was 7.640 gm less than the weight of the gold given at the time of exchange  to the OP.2  for making of new pairs of gold bangles. OP.2  deducted 7.640 gms as per their terms & condition for cancellation of order, which was  not mentioned at the time of exchange of old gold. Being aggrieved by this, the complainant decided to resolve the dispute before  this Commission. Hence this complaint.

3.       Upon notice, the OPs did not appear before this Commission and were set exparte and exparte hearing was taken up. 

4        Perused the  materials available on case record.  Annexure -2 indicates that, the complainant approached to the OP.2  for making of two new pairs of gold bangles in exchange of her two  pairs of gold bangles (old). The OP.2 received the old ornaments of 46.360 gms from the complainant. The valuation of those gold ornaments was fixed at Rs.2,10,409.06 after considering the weight, purity and present rate of gold. The OPs kept the order for making two new pairs of gold bangles but could not ready the order within stipulated time frame. The  complainant lost her patience due to delay in making new pair of bangles and requested OPs to return her old gold,  she had given at the time of exchange. To this, the OPs returned  38.720 gms of gold to the complainant.  Now the question arises whether the complainant is entitled to get back 46.360 gms of gold or the amount at which she exchanged her old gold. Keeping in view all the facts and circumstances and the submission of the complainant, this Commission is of the opinion that, the complainant  has handed over her jewellry to the OPs in good faith and agreed to the amount fixed at the time of the old gold exchange. But the OPs could not complete the order and failed to hand over new bangles to the complainant in time. In this backdrop, the valuation of the old gold fixed at the time of exchange does not make any sense. The OPs have defaulted  in  delivering their service. So, they  must return the quantity of gold to the complainant that they had received at the time of booking of the order.    Hence it is ordered.

ORDER

The complaint is  allowed  exparte against the OPs. The OPs are  jointly & severally directed    to  return the differential amount of gold i.e. 7.640 gms to the complainant or in alternative to refund Rs.34,540/- to the complainant.   The OPs are further  directed to pay an amount of Rs.2,000/- (Rupees two  thousand) only, as compensation towards  mental agony  suffered by the complainant and a  sum of Rs.1000/-  (Rupees one thousand) only towards litigation expenses to the complainant. The order be complied with by the OPs within a period of  thirty days from the date of communication of this order,   failing which the complainant will be  at liberty to execute the order  against the OPs  in accordance with law.

The order is pronounced on this day the  19^th August,  2023  under the seal & signature of the President and Member (W) of the Commission.

                                                                            (S.TRIPATHY)

                                                                               MEMBER(W) 

Dictated & corrected by me

           Member ( W) 

                                                                             I agree

                                                                                                                                                 President   

                                                                             (K.C.RATH)

Transcribed by Smt. M.Kanungo, Sr.Steno