- (1.) This application is at the instance of the appellant and is directed against the order dated March 30, 2011 passed by the Hon ble State Consumer Disputes Redressal Commission, West Bengal in S.C. Case No.FA/444/10.
(2.) The complainant / opposite party herein filed a complaint being CDF/Unit-II/CC No.111 of 2007 before the learned Kolkata District Forum, Unit II praying for compensation of Rs.4 lakhs only in place of the heritage gold ornaments, to replace the ornaments in respect of the rest amount of Rs.23,700/- and other reliefs. Accordingly, the District Forum allowed the complaint case directing the petitioner to pay compensation of Rs.1 lakh only in place of the heritage gold ornament together with a further direction to replace the gold ornaments in respect of the rest amount of Rs.23,700/- within a period of one month from the date of communication of the order. Being aggrieved, the opposite party / appellant preferred an appeal before the State Consumer Disputes Redressal Commission, West Bengal (henceforth shall be called as State Commission ) and then the State Commission directed the appellant / petitioner herein to replace the equivalent quantum of gold in addition to the payment of compensation of Rs.1 lakh only to the complainant for causing loss of the heritage gold ornaments for ever and harassment to the complainant since 2006 and also litigation costs. Being aggrieved by such order, this application has been preferred by the appellant.
(3.) Now, the question is whether the impugned order should be sustained.;