ORDER :

1. Present appeal is filed against order dated 14.01.2019 passed by Learned District Consumer Forum/ Commission in consumer complaint No.137/2017 titled Jasvinder Singh Narula v. M/s Carat Lane Trading Pvt. Ltd. & Another.

Brief facts of consumer complaint:

2. Shri Jasvinder Singh filed consumer complaint under Consumer Protection Act pleaded therein that complainant purchased a Solitaire Baguette Diamond ring from opposite parties vide invoice bill Annexure C-2 dated 16.02.2016 in consideration amount of Rs.62815/- (Sixty two thousand eight hundred fifteen). It is further pleaded that Solitaire Baguette Diamond ring in question was given by complainant to his son-in-law in wedding ceremony. It is further pleaded that due to manufacturing defect in diamond ring in question diamond was fallen from mounting of diamond ring. It is further pleaded that setting of diamond in mounting of diamond ring was not proper. It is further pleaded that matter was reported to opposite parties but opposite parties did not settle matter and committed deficiency in service and unfair trade practice. Complainant sought relief to the effect that opposite parties be directed to place fresh diamond in mounting of diamond ring. In alternative complainant sought relief to the effect that opposite parties be directed to replace diamond ring with new diamond ring. In alternative complainant sought refund of Rs.65379/- (Sixty five thousand three hundred seventy nine) alongwith interest @ 12 % per annum from date of receipt of consideration amount till actual payment. In addition complainant sought relief of payment of Rs.50000/- (Fifty thousand) as compensation for mental torture and harassment. In addition complainant sought payment of Rs.20000/- (Twenty thousand) as litigation costs. Prayer for acceptance of consumer complaint sought.

3. Per contra version filed on behalf of opposite parties pleaded therein that complainant has not approached Consumer Authority with clean hands and has suppressed material facts. It is further pleaded that complainant is estopped from filing present consumer complaint on account of his own acts, conduct, deeds and acquiescence. It is further pleaded that user of diamond ring in question has not been impleaded as co-party in present consumer complaint. It is admitted that complainant has purchased diamond ring in question from opposite parties on 16.02.2016 in consideration amount of Rs.62815/- (Sixty two thousand eight hundred fifteen). It is further pleaded that after usage of diamond ring in question for five months complainant filed consumer complaint alleging that diamond fell down from mounting of diamond ring due to manufacturing defect and could not be traced. It is further pleaded that mounting was received by opposite parties on 28.10.2016 and mounting was forwarded for quality check. It is further pleaded that quality check of mounting was conducted and it was observed that one side of ring was cut by some tool which made diamond to come out from mounting. It is further pleaded that result of quality check was communicated to complainant and complainant was offered to take mounting alone under life time exchange to assure best service. It is further pleaded that product supplied by opposite parties was of perfect quality. It is further pleaded that learned DCF/DCC Mandi H.P. has no jurisdiction to entertain present consumer complaint. It is further pleaded that opposite parties did not commit any deficiency in service and unfair trade practice. Prayer for dismissal of consumer complaint sought.

4. Learned DCF/DCC dismissed consumer complaint. Feeling aggrieved against order passed by learned DCF/DCC complainant filed present appeal before State Commission.

5. None appeared on behalf of respondents before State Commission despite notice. Hence respondents were proceeded ex-parte by State Commission on da