Sri Manasi Nandy,

wife of Sri Partha Nandy,

residing at 29/1, Makardah Road, Kadamtala,

Howrah,

Howrah – 711101.---------------------------------------------------- COMPLAINANT.

-          Versus   -

General Manager,

MMTC Limited at its office at NIC

Buiding ( 4^th & 5^th floor ),

8, India Exchange Place,

Kolkata – 700 001.------------------------------------------------------------OPPOSITE PARTY.

                                                P    R    E     S    E    N     T

President     :     Shri T.K. Bhattacharya, M.A. LL.B. WBHJS.

Member      :      Shri P.K. Chatterjee.

Member       :     Smt. Jhumki Saha.

                                                 F  I   N   A    L       O   R   D    E     R

1.                  The instant case was filed by complainant U/S 12 of the C.P. Act, 1986

wherein the complainant has  prayed for direction upon the o.p. to pay a compensation of Rs. 12 lacs and for litigation costs.

2.                  Briefly stated the fact of the complaint is that on 7^th July, 2011 the complainant

visited the sales counter of MMTC Ltd. at his office at NIC Building ( 4^th & 5^th floor ), 8 India Exchange Place, Kolkata – 700001, for purchasing one gold medallion ( 20 gms. ). As per procedure the complainant paid Rs. 48,235/- in the cash counter. Cash memo bearing no. KLT 001/INV/0763/11-12 dated 07-07-2011 was issued against such payment.  Thereafter on production of the cash memo at the delivery counter of MMTC one medallion ( 20 gms. ) was delivered to the complainant in a sealed packet. After purchase the complainant kept the medallion in the same sealed packet in her Bank locker.

3.                  Subsequently on 06-02-2012 the complainant for the purpose of making gold

ornaments took the same to the jeweller, M/S. Maa Jeweller, proprietor Mr. Ajit Rana of Dharsa, Panchanantola, Howrah – 11.

4.                  The sealed pack of the MMTC Ltd. was cut open in presence of the

complainant and the medallion was taken out. Thereafter the jeweller tested the same by the regular process of testing in presence of the complainant and it was found to be impure / counterfeit. She was terribly shocked at the test result. 

5.                  To be more certain she visited the showroom of the renowned jewellers M/S.

P.C. Chanda at its Bowbazar Branch. In her presence it was tested and the result did not alter. It was declared fake and counterfeit.

     6.           Finding the medallion to  be fake the Manager of M/S. P.C. Chandra Jewellers Mr. Banerjee contacted the authorities of the MMTC Ltd. through telephone immediately and reported the incident together with bill number and date.

7.      Now the plight of the complainant started. She visited the MMTC office who

admitted that the cash memo was genuine but the medallion was not purchased from their office.  The complainant was completely bewildered and was at a loss what to do. Hence the case.  

8.       The O.P., General Manager, KMTC Ltd. in the written version contended interalia

that the complaint is malafide, motivated, fictitious and harassing in nature ; that the complainant visited their office after seven months of the purchase ; that the laminated card packing was torn and the medallion product bears the marking MMKC instead of MMTC ; that the complainant lodged complaint with the Bantra P.S. alleging fraud on the part of the O.P. ; that the matter is pending for investigation before the police ; So this Forum has no jurisdiction to try this complaint ; that the genuine medallion of 99.99% purity  was  sold to the complainant ; that there is no deficiency on their part. So the complaint should be dismissed.

9.         Upon pleadings of both parties three  points arose for determination :

i)                    Whether the complaint is maintainable ?

ii)                  Is there any deficiency in service on the part of the O.P.  ?

iii)                Whether the O.P. adopted unfair trade practice ?

ii)                  Whether the complainant is  entitled to get any relief as prayed for ? 

DECISION  WITH   REASONS      :

POINT NO. 1

4.      The contention of the O.P. that this Forum has no jurisdiction to try the instant

case in view of the fact that the matter is pending before the police authority for investigation is equally bogus and not tenable. The provision of Section 3 of the C.P. Act, 1986  comes  into play. The Section states that the provision of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. So the rights of remedies to the consumers cannot be  abridged in view of the terms of Section 3 of the Act. Therefore, even if the complainant had other reliefs elsewhere he / she can always file the instant complaint before the Forum. Accordingly this point is disposed of with the observation that the complaint is quite maintainable before this Forum.

 POINT NOS. 2 & 3  :

5.      Both the points are  taken up together for consideration. This is not a case of usual

forgery of deeds / documents or signatures. Rather it is case of sophisticated high voltage cheating at the behest of the top-brash of the organization ( O.P. ) entrusted to sell gold medallion to the interested customers.  The ordinary non-sceptic customers being concerned   for  the soaring price of gold, flock to the specified counters to collect the same for preserving it for posterity or for future crisis like marriage of their daughters / sisters.

6.      The persons in charge of selling the medallions are very crafty and speculative. 

They know very well that the consumers purchase these gold coins mainly for preserving it for future and in normal circumstances the purchasers shall  keep it in the lockers of the bank for safety. Once the consumers put it in the lockers or safety voults, it is dumped either for decades or  for several years.  When after lapse of couple of years the consumer picks it up for making ornaments and visits the goldsmith, the shocking  surprise awaits him/them. After testing when the goldsmith declares that it is fake and counterfeit, there lies no remedy for the unfortunate customers as most of the valuable times have already elapsed in between purchase and testing. The sellers ( O.P. ) sit tight and plead ignorance and no wonder the customers may be brought to book by them for attempt of cheating the authority by way of making a counterfeit gold coin. Not that each and every medallions are fake. The counterfeit coins with the laminated pack  having identical colour are strewn and mixed up with other genuine ones.

7.        In the instant case the complainant unlike any other dormant consumer decided to

make some ornaments after 5/6 months of its purchase.  She visited her local jeweler M/S. Maa Jeweller, the proprietor being Mr. Ajit Rana who  cut open the sealed pack and took out the medallion for testing. After the process of testing he found it impure  / counterfeit or fake.  The complainant thereafter being shocked and bewildered rushed to the renowned jeweller M/S. P.C.  Chandra. The Manager of the organization, conducted the testing process in presence of the complainant and declared that the same was fake.

8.      Thereafter the complainant along with her husband visited the office of the O.P.

who though admitted the cash memo, refused to render any remedy for replacement of the same and advised the complainant to report the matter to the higher authority in the hierarchy of the MMTC Ltd.

9.      We are really shocked and surprised to note that the O.P. instead of taking up the

matter by themselves imparted advice to the complainant for taking up the matter to the higher authority. Having no other alternative the complainant has preferred this complaint.

10.  We must opine that the complainant being a housewife has taken a mighty bull by

horns  and nodoubt she has spilled the beans that the sanctity of the O.P. organization, so loudly proclaimed, is just a myth and the boast of immunity is hallow.

11.  This is a case that spells out some specific message to the innocent consumers

whose dream for gold rush is frustrated at the cost of the hard-earned money. The fabric of faith hitherto bestowed upo  the organization ( o.p ), the trust reposed upon it for its sanctity and the alacrity of the intending purchasers are shattered by the trick adopted by the O.Ps. 

12.   The ld. Lawaer for the O.P. argued that the genuine medallion  was sold to the

complainant and the fake one might have been inserted by the goldsmith when the seal was cut open.  

13.          This submission on the part of the O.Ps. appears funny. This is because the

complainant produced the counterfeit medallion together with the packet in which it was placed. The colour of the delivered packet is deep green with a red border and the material of the card is very hard. The medallion was sold in sealed condition with transparent solid paper. Ld. Lawyer for the O.P. produced identical card with a sealed medallion in side it having identical colour and the red border. Ld. Lawyer claimed the same to be genuine and the card and the medallion produced by the complainant, according to him is fake and it was not issued by the department of the O.Ps. He further claimed that the letters embossed in the genuine medallion are MMTC. He drew our attention to the disputed medallion where it is embossed as MMKC instead of MMTC. 

14.   We have mentioned in the forgoing paragraph that the degree of conspiracy is so

deep rooted in the organization of the O.P. that identical fake medallions with the letters MMKC are mixed up and strewn along with the original medallions. Is it possible and fathomable that the complainant a housewife could spread a network for preparing a counterfeit medallion only to cheat the O.P. company at the risk of only Rs. 48,000/- and odd.  Furthermore is it at all possible on the part of the goldsmith to whom the complainant visited for testing, could replace the original medallion and insert the fake one in the twinkling of an eye in presence of the complainant like magic power?  In fact, such argument on the part of the O.P. is just bizarre and it is not in conformity with the Evidence  Act as enjoined U/Ss 6 to 11. Naturally we are unable to accept such bogus argument put forward by the O.P.

15.  We are astonished how such argument can be put forward on the part of the O.Ps.

The space allotted for the medallion inside the disputed packet in fact uniquely match and accommodate the medallion which is counterfeit. How the goldsmith Mr. Ajit Rana of  Dharsa could know that the complainant would visit his shop for testing of a medallion and as such he could manufacture a fake medallion only to dupe the complainant. How could the goldsmith could prepare a packet of identical colour to that of the genuine one as produced by the o.p. at the time of argument. We have no hesitation in our mind that this is not possible and even not imaginable.

16.  When both the goldsmith like Ajit Rana and P.C. Chanda declared the medallion

to be fake, and the O.P. company also came to the conclusion during the visit of the complainant for the second time that it was fake, it was the bounden duty of the O.P. company to unveil the mystery of selling a counterfeit medallion. Admittedly the cash memo bearing no. KLT 001/INV/0763/11-12  ( Annexure A ) dated 07-07-2011 is genuine. By virtue of the same it is claimed by the O.P. that a genuine medallion was sold to the complainant. Now the question arises how within a lapse of 6/7 months the original medallion could vanish and  a fake one could take its birth instead a sealed packet and instead the bank locker.

17.    In fact the argument put forward by the O.P. is inconceivable. We have

mentioned in our foregoing paragraph that the seller of the medallion is a very expert psychologist and knows very well that the medallion is not perishable like an apple or green vegetable and tendency of the customer is  to preserve it for considerable period and for dire necessity in further. In this juncture the unique trick to deceive the customers creeps in.  They conveniently sell the fake / counterfeit gold medallion to the customers who never thinks of deception from an organization patroned by the Central Government. Unfortunately the Government machinery does not know how its reputation is being ruined by some culprits in the mask of custodian/sellers.

18.  During argument ld. Lawyer for the O.P. pointed out that the medallions are

imported from Switzerland and there arises no scope for interpolation or mixing of fake gold medallions. We are sorry as we are not in a position to accept this submission of ld. Lawyer. When the original and genuine medallion instead of the laminated sealed packet was made over to us for scrutiny, we traced no such insignia that it is made in Switzerland, nor does it carry the certificate of the Government Test House showing examined and tested.

19.  We have no hesitation in our mind that the persons responsible for selling the gold

medallions to the customers only reaped the opportunity of their exalted position being under umbrella of the Central Government and sold counterfeit gold medallion in a laminated colour sealed packet to the complainant. We know not how much counterfeit medallions are lying dormant in the volts of the customers who nurtured no suspicion, nor a least doubt dawned in their mind as because the O.P. organization serves at the behest of the Central Government. The conduct of the O.P. organization when the complainant registered her complaint over the selling of a counterfeit gold medallion is not at all supportable.  They remained totally unfazed and on the contrary they suggested that the matter should be reported to the higher authority by the complainant.

20.  Therefore, we arrive at the irresistible conclusion that the O.P. organization

adopted gross unfair trade practice within the meaning of Section 2(1)( r ) in duping the complainant to purchase a counterfeit gold medallion at a price of Rs. 48,235/- and committed deficiency in service within the meaning of Section 2(1)(g) of the C.P. Act, 1986. We are, therefore, of the view that this is a fit case where the prayer of the complainant shall be allowed. All the three points  are  disposed of accordingly. 

21.  To strike a balance between the gross unfair trade practice coupled with

sophisticated fraud perpetrated upon the complainant and the degree of award and at the same time to establish the  reach of the Consumer Protection Act to punish the fraudsters, we think that the O.P. must be saddled with exemplary damages to compensate the degree of humiliation meted out to the complainant.

      Accordingly we think that a sum of Rs. 9,10,000/- as compensation shall be sufficient and justified for the plight and sufferings of the complainant at the hand of the O.P.

      Hence,

O     R     D      E      R      E        D

      That the C. C. Case No. 70 of 2013 ( HDF 70 of 2013 )  be  allowed on contest with  costs  against  the O.P. 

      That the O.P. be directed to replace the counterfeit gold medallion as sold by virtue of their cash memo with a genuine one within one month from the date of this order.

      That the complainant is entitled to a compensation of Rs. 5 lacs for mental pain and agony from the O.P.

      That the complainant is entitled to a further compensation of Rs. 3 lacs for prolonged harassment caused by the O.P.

      That the complainant is further entitled to a compensation of Rs. 1 lakh for the humiliation meted out to her by the O.P.

      That the complainant is further entitled to a litigation costs of Rs. 5,000/- and a further sum of Rs. 5,000/- from the O.P.  for her  journeys to the goldsmith shops and O.P.’s office on different dates in her perplexed state of mind.

      That the O.P. further directed to deposit a sum of Rs.2 lakhs to the Consumer Welfare Fund.

      That the O.P. be directed to pay the amount as directed within one month from the date of this order.          

      That the complainant is at liberty to put the decree into execution after expiry of the appeal period.

      Supply the copies of the order to the parties, as per rule.

DICTATED  &    CORRECTED

BY   ME.  

  (    T.K. Bhattacharya  )                                               (    T.K. Bhattacharya  )

  President,  C.D.R.F.,Howrah.                                   President, C.D.R.F.,Howrah.

 (  Jhumki Saha  )                                                              (  P. K. Chatterjee )

 Member, C.D.R.F.,Howrah.                                       Member,  C.D.R.F.,Howrah.