GEETA AGGARWAL vs SUBHASH JEWELLERS

THIS complaint was filed by Mrs. Geeta Aggarwal and her husband Mr. Rajeshwar Prasad Aggarwal. The material averments are that Mr. Subhash Anand is carrying on business of a jeweller under the name and style of Subhash Jewellers. In 1993, the complainants handed over their jewellery weighing 1,080 grams for remanufacturing the same into jewellery of modern design. The opposite party issued two receipts dated 13.11.93 separately in favour of two complainants. The jewellery was being re-modelled in view of the marriage of complainants'' daughter which was expected to take place sometimes in November, 93. The marriage of complainants'' daughter did not take place as anticipated. The complainants'' informed the opposite party not to go ahead with the re-manufacturing of the jewellery and to await further instructions from them. The opposite party informed the complainants that he had already melted the old jewellery and the old ornaments could not, therefore, be returned and he would start work for remanufacturing the ornaments only after receiving further instructions. The marriage of complainants'' daughter could not be fixed. In September, 95 the complainants asked the opposite party to return the value of the gold entrusted to him. The opposite party, however, failed to return the amount. After repeated visits by the complainants, the respondent paid the price of 396 grams of gold of 24 carat. He issued a cheque for Rs. 1,53,600/- and paid a sum of Rs. 50,000/- in cash. Two receipts were prepared in this connection. The opposite party promised to pay the balance amount on account of the balance 684 grams of gold of 24 carat, opposite party, however, failed to make the payment. The complainant has alleged that the opposite party is guilty of deficiency in service and that he was liable to pay a sum of Rs. 3,59,625/- at the rate of 24 carat, gold at the time of filing the complaint, besides compensation amounting to Rs. 2 lakhs and interest @ 18%. The opposite party failed to appear. The complainants filed their affidavits in support of the complaint. The photo-copies of the receipts dated 13.11.93 and complainants'' receipt regarding payment of cheque for Rs. 1,03,230/- and cash payment of Rs. 50,370/- were produced. These receipts together with the affidavits of the complainants clearly prove the material facts averred by the complainants. The opposite party has failed to controvert the averments of the complainants and their affidavits and the complainants affidavit remain unchallenged. Undertaking to re-manufacture the jewellery for consideration amounts to service. The opposite party failed to carry-out his part of the agreement and was, thus, guilty of deficiency in service.

WE, therefore, partly allow the complaint and direct opposite party to pay a sum of Rs. 3,59,625/- together with interest @ 18% p. a. from September ''95 to date of payment with costs which is quantified as Rs. 2,500/-. In view of the interest allowed, we do not think that any additional compensation needs to be allowed. A copy of this order be conveyed to both the parties. Complaint partly allowed with costs.