Order-15.
Date-27/04/2015.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that OP is a jeweler, manufacturing and trading in jewelleries, precious stones, silver ware and order suppliers and having its showroom at 121-C, B.B. Ganguly Street, P.S. Bowbazar, Kolkata – 700 012. Complainant purchased one gold necklace weighing 18740 gms., one gold ring weighing 1.090 gms. and one nowa (steel bangle plated with gold) weighing 1,430 gms., altogether weighing 21,260 gms. (valuing approximately Rs.57,000/- as on today) from the OP’s shop on 18-10-2006 vide invoice no.1918 dated 18-10-2006 for his daughter and it is given to understand to the complainant that the ornaments are stamped and market as ‘C.B.’ and it was of their own make and the OP would pay full value of the old gold ornaments of their make without any deduction for soldering if exchanged for new ones in the future and that the same was also mentioned at the back of the aforesaid said invoice both in English and Bengali languages.
Thereafter, on 20-05-2014 complainant and his daughter went to the OP’s shop for purchasing a new necklace by exchanging all the above gold ornaments purchased from the OP’s shop but to the utter shock and dismay OP’s employees refused to exchange the aforesaid gold ornaments against new ones and they informed that in case the old gold ornaments were mouldered they would deduct a considerable amount of gold but in the cash memo it was clearly written at the back side thaty they would not deduct anything if the ornaments were of their make, so, complainant and his daughter tried to reason with them, but the OP’s employees, men and agents abused and insulted them in filthy languages in front of all the people present in the shop room and in fact forcibly ousted the old complainant and his daughter from their showroom.
In spite of that proclamation in their invoice OP did not act accordingly and by this conduct they are practicing unfair trade practice which caused the complainant tremendous mental harassment and agony and also humiliated in front of so many people and was thus subjected to serious inconvenience and mental agony. The entire action on the part of the OP is illegal mala fide and bad in law and the OP is faulty of grave deficiency of service, moreover, OP has cheated and practiced fraud upon the complainant by inducing him to believe that their gold did not contain any impurity and by claiming such they are cheating all their customers and the intending buyers as well.
On 21-07-2014 complainant sent a Lawyer’s letter calling upon to immediately exchange the gold ornaments without any deduction for soldering within 15 days from the date of receipt of the notice and in reply to the said letter OP on 05-08-2014 denied all the facts and even denying their own written commitment and on the contrary asked the complainant to tender an unconditional apology in writing to the OP.
Finding no other alternative complainant compelled to file this case before this Forum praying for the exchange of the old ornaments with new ones without any deduction for soldering, an unconditional apology in writing to the complainant for misbehavior and loss of reputation and compensation and litigation cost etc.
On the other hand, OP by filing written version denied and disputed all the allegation made by the complainant and submitted that OP is the dealers of Guinea Gold ornaments and the complainant purchased the ornaments on 18-10-2006 from the OP at Rs.21,172.02 only including VAT together with making charges and the other ancillary accessories used in making the said ornaments which is evident from the cash memo and from the said invoice it is evident and clearly mentioned in English and Bengali that “small amount of melting loss is deducted from old ornaments if exchange for new one”. It is further stated that “C.B” Mark is removable and can be removed and/or tampered by any individuals and for that, inspection of the old ornaments is very much necessary by the OP, so, whenever a person comes to the OP to exchange the old used gold ornaments made by the OP in course of his business the OP shall have to inspect the old used gold ornaments as it is genuine or not and the present condition of the ornaments with the present measurement of weight and then the OP will exchange the value of gold only and not the other ancillary accessories used in making the said ornaments which is there in the present measurement of weight since there is every possibility of decay of gold with efflux of time. Moreover, the old used ornaments always come with dust and oil and it increases the weight of the used ornaments which is commonly known and it is pertinent to say complainant never contacted with the OP in any manner and never visit the shop of the OP.
OP is carrying his business from the last 65 years with a very good reputation and for the wrongful act of the complainant and the dishonest intention to grab a heavy amount of gold and to fulfill his illegal gain suppressed all the material fact before this Ld. Forum to mislead and /or misguide and in this context OP is suffering from serious inconvenience and high mental pressure and for that the reputation of the OP is hampered which is in-compensable and unacceptable and for which the complaint should be dismissed with costs.
Decision with Reasons
On an indepth study of the complaint including the written version and further considering the documents that is the receipt dated 18-10-2006 and further on proper evaluation of the argument as advanced by the Ld. Lawyers of both the parties it is found that it is admitted position that ornaments of OP’s make are stamped ‘CB’ and once sold value of gold ornaments are not returned. Gold ornaments can be changed if returned un-used and in un-damaged condition. Three and seven days time are allowed for local and Muffasal customer respectively, for changing the same time, or returning goods between 1 p.m. to 4 p.m. except on Monday. We pay full value of old ornaments of our make without any deduction for soldering if exchange for new one. But small amount of melting loss is deducted from old ornaments if exchanged, for changing any ornaments its cash memo must be produced.
So, considering this terms and condition as per said invoice being No.1918 dated 18-10-2006 it is clear that OP is bound to pay full value of ornaments by their make without any deduction for soldering if exchanged for new one but small amount of melting loss is deducted if exchanged and truth is that for exchange of old ornaments against new one complainant submitted the original cash memo, OP has tried to say that complainant never went to the OP’s for exchange but such a plea cannot be accepted as a truth in view of the fact, if actually complainant did not appear before the OP’s shop for that purpose in that case there was no question of filing such complaint but now-a-days it has become a practice of all these Gold ornament sellers Company like OP to deny the fact of the customer for any purpose for exchange etc. anyhow we have gathered that when the matter was heard OP was present and when the query was made OP disclosed that complainant went for exchange but they stated that some amount of melting loss shall be deducted from that ornaments but peculiar factor is that OP has not stated till the hearing of the hearing of the argument what is the quantity of amount of melting loss which may be deducted from old ornaments but fact remains OPs bound to exchange as per their invoice in place of old one and OP cannot deny it under any circumstances, but in the written version their only defence is that complainant did not go to their shop which is proved a false story and such a plea taken by such sort of OPs in all respect only to avoid the claim of the customers. No doubt in the present case the allegation of the complainant as consumer is ready and truth is that complainant has been harassed by the OP and in fact as per written version and the invoice No.1918 dated 18-10-2006 we are convinced that complainant entitled to get a new one in place of old gold ornaments which is produced from OPs shop and OP is bound to exchange that as per clause as numerated already in the body of the judgement and which is collected from the invoice so, in the above circumstances, complainant is entitled to get exchange of the old gold ornaments purchased from the OP’s shop against new one and accordingly, we are of opinion that complainant is entitled to get such relief as per invoice and so, OP should be directed to exchange old gold ornaments with new one without any deduction for soldering or other charges except very minimal amount of melting loss which may be deducted.
In the result, the case succeeds and fact remains complainant has been harassed which is proved.
Hence,
Ordered
That the case be and the same is allowed on contest with a cost of Rs.5,000/- against the OP.
OP is directed to immediately exchanged the old ornaments against new one without any deduction for soldering and in other charges but no doubt a negligible amount of melting loss may be deducted from old ornaments at the time of exchange and it must be made within one month from the date of appearance of the complainant along with old ornaments for exchange and exchange must be made without harassing the complainant. if any further complaint is made about conduct of the OP in that case OP shall be punished by imposing suitable penalty but at this stage OP shall have to comply the very strictly and suitable the consumer’s decree as awarded and submit a compliance report after lapse of one month from the date of appearance of the complainant for exchange of gold in the shop of the OP.
If OP fails to comply this order in that case OP shall have to pay a compensation of Rs.25,000/-.
OP is directed to comply the order very strictly failing which for non-compliance of the Forum’s order penal interest at the rateRs.3,000/- per month shall be assessed and if it is collected it shall be deposited to this Forum.
