MADNANAND SARKAR Vs. S MUKHERJEE

JUDGEMENT

(1.) Mr. Ram Lal Gupta, Memberthis appeal is directed against order dated 27th May 1992 passed by the District Forum in Complaint Case No.149 of 1991. The appellant here was the complainant and the opposite party before the District Forum is the Respondent before this Commission.

(2.) The facts of the case as put forth by the complainant may be briefly stated. The complainant bought from the opposite party-Dr. S. Mukherjee one Neelam and one Top for Rs.700/- and Rs.200/- respectively and got them embedded in ring for which Rs.100/- was charged by the opposite party-Dr. S. Mukherjee. The complainant suspected that the stone given by the opposite party as Neelam was spurious and he therefore asked the opposite party to return the price along with compensation. But the opposite party refused to do so and hence the complainant filed a case before the District Forum. .

(3.) The opposite party on being noticed appeared and submitted orally that he had purchased that Neelam Stone from one Neyaz Uddin, Stone Hawker and failed to contact him about the genuineness and purity of the Neelam.