DIRECTED THE OPPOSITE PARTY TO PAY

The complainant has booked 4 kgs silver @77,500/- kg and paid an advance of Rs. 3,00,000/- by cash to the Opposite Party on 25-04-2011.  Balance of Rs. 10,000/- 9-5-2011.  The Opposite Party  was endorsed the same and delivered the 4 kgs silver to the complainant on 09-05-2011 without issuing proper receipts/tax invoices and other government receipts except the estimate/quotation bill dated 09-05-2011. But the OP has issued receipt for 4 kgs silver @55,000/- as on the date of delivery date i.e. 9-5-2011. Further  the OP never issued sale bill on delivery date though the complainant insisted for issuance of sale bill.  At the time of sale bill the OP assured to the complainant that if any defect   he will be take back the silver. After  45 days the  has issued sale bill   showing that  the complainant was purchased  4 silver  @ 55,000/-. Neither warranty nor guarantee card was issued by the OP to the complainant. Within a year  the said silver turned as block Colour. In spite of several requests made by the complainant that to take back the silver, but  the Opposite Party refused to take back. Before court of law The complainant has contended that the OP has to issued sale bill without mentioning  on the sale  pure or standard silver, further the OP has issued tax invoce bill other than his shop is a deficiency in service on the part of the OP. Further the  complainant contended that the OP adopted dubious method, unfair trade practice,  malpractice in his business.  Therefore the action of the OP is contrary to reported Judgment of the Hon’ble State Commission of A.P. The OP has denied the allegation  of the complainant contended that he never issued some of them i.e. estimate quotation and  tax invoice bill and further he never adopted unfair trade practice and malpractices  in his business.  Therefore requested the court to dismiss the complaint.  The Hon’ble district Forum after considering contentions raised by the both the parties and found that  there was a  deficiency in service, unfair trade Practice and malpractices on the part of the Opposite Party. Therefore  directed the compliant is allowed and directed  the Opposite party to  pay an amount of Rs. 40,000/-  @ 9% interest to the complainant/Appellant. Rs. 2000/- as legal expenses. The above case was argued by me and got favorable order in favour of complainant.