LAWS(NCD)-2009-1-8

MOHITE ORNAMENT HOUSE Vs. HARISH MISRA

Decided On January 20, 2009
MOHITE ORNAMENT HOUSE Appellant
V/S
HARISH MISRA Respondents

JUDGEMENT

(1.) THIS revision petition seeks to challenge the order dated 14th January 2008 of the Madhya Pradesh State Consumer Disputes Redressal Commission, Bhopal (hereafter, the State Commission ). By this order, the State Commission allowed the appeal of the original complainant (respondent here and referred to as the complainant) and directed the petitioner to pay to the complainant Rs. 33,000/- with cost of Rs. 5,000/- (inclusive of the charges for analysis paid by the complainant to MMTC Ltd. , a Central public sector enterprise, for analysis of the gold content of the ornament bought by the complainant from the petitioner ). The amount was directed to be paid within 45 days from the date of communication of the order of the State Commission, failing which it was also directed that the amount would carry interest @ 10% per annum from the date of the order till payment. Finally, the State Commission directed that the gold ornament deposited by the complainant and as received from MMTC Ltd. be returned to the petitioner (original opposite party ).

(2.) THE relevant facts of the case are few and have been summarised adequately in the impugned order. We do not deem it necessary to reproduce them.

(3.) THE only points for consideration in this petition are the delay of 117 days in filing of the petition and, more important, the actual gold content of the ornament which was admittedly sold by the petitioner to the complainant way back on 10. 9. 2000 for a sum of Rs. 14,016/ -.