DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 18/2020
Date of Filing Date of Admission Date of Disposal
07.02.2020 17.10.2020 27.09.2023
Complainant/s:- | Mala Pramanik, D/o.Ajit Chandra Ghosh, 561/8,Ashoke Nagar, P.O. and P.S.Ashokenagar,Pin-743222, Dist- North 24 Parganas. -Vs- |
Opposite Party/s:- | Shibam Jewellery Palace, 29(23) S.N. Banerjee Road, |
(Shanti Bazar), Barrackpore, Kolkata-700120, P.O.
Barackpore, P.S. Titagarh, Dist-North 24 Parganas
P R E S E N T :- Smt. Monisha Shaw.……………… Member.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT/FINAL ORDER
This is a complaint filed by this case U/s 12r/w section 13and 14 of the Consumer Protection Act, 2019.
The brief facts of the case is gold shop owner and maker and carrying on business under the name and style of ‘SHIBAM JEWELLARY PALACE. The complainant heard about a policy named ‘Gold Scheme’ from widely circulated advertisement published by O.P. The O.P offering for deposit as monthly scheme to the complainant. Complainant agreed to deposit money for gold scheme. The complainant paid Rs.5,000/- per month as a monthly scheme from 26.01.2016 and payment was made time to time on every five months. Suddenly complainant came to know that O.P was stop accepting monthly deposit without valid reason. In every month O.P write in a notebook for receiving amount of money. Then complainant asked the O.P for return back the total deposited money and / or alternatively demand gold ornaments equivalent to do amount deposited by the complainant but the O.P differed the same on different pretext. Complainant sent legal notice to opposite party on 30.04.2018demanding lawful claim with interest but in vain. Compelling circumstances the complainant filed this case before this Forum/ Commission. The commission sent notice to the opposite party but he did not appear before this commission even after receiving the notice. The case is within territorial and pecuniary jurisdiction of this commission.
Issue framed for the purpose of decision
- Whether the case is maintainable or not?
- Whether the complainant is entitled to get relief or reliefs or not?
Reason with Decision
Considering the facts and circumstances of the case as well as nature and character, 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.
We have perused the complaint and supporting documents filed by the complainant.
As the complainant paid money of Rs. 5,000/- per month for five months in gold scheme (Gold Scheme) of opposite party as proposed by the O.P and O.P received the same for provide service hence complainant is a consumer as per Consumer Protection Act. But the O.P failed to provide his service as per oral agreement and O.P endorsed his receiving money in a notebook. It was agreed between the parties that after complete the scheme period the O.P will give gold equivalent to the deposited amount but the O.P suddenly stopped the receiving money i.e. monthly deposited scheme and the opposite party did not return the deposited amount and the opposite party also did not return the equivalent valued gold to the complainant even after sending legal notice to the opposite party. The said non-deliver of equivalent gold of deposited money would be treated as deficiency of service. The O.P did not return the deposited money which is also illegal and deficiency in service. The complainant proves his case as such opposite party is liable to return his deposited money with interest or alternatively equivalent gold. The O.P was not appeared and did not file any written version even after receiving the notice. Therefore, the case do run exparte against O.P. The opposite party did not controvert the allegation of the complaint by filing any W/V or evidence. Therefore the complainant proved the case and is entitled to get relief.
Hence,
it is Ordered,
that the case being No.C.C. 18/2020 be and the same is allowed exparte.
The opposite party is directed to deliver the gold ornaments against the deposited amount of Rs. 25,000/- lying in the custody of the opposite party with interest @ 9% alternatively return deposited amount of Rs. 25,000/- with 9% interest from the date of receipt till recovery with compensation and litigation cost of Rs. 10,000/- within three months from the date of this order.
Failing which the complainant has liberty to file execution case as per law.
Let a plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
Member
Member Member President
