Tamil Nadu

South Chennai

CC/74/2013

Mrs. Savithri Arulanandasamy - Complainant(s)

Versus

Khazana Jewwllery Pvt Ltd., - Opp.Party(s)

K.Kathiresan M.A.M.L.,

24 Jan 2019

ORDER

                                                                        Date of Filing  : 14.02.2013

                                                                          Date of Order : 24.01.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B., PGDCLP.               : MEMBER-I

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER-II

 

C.C. No.74/2013

DATED THIS THURSDAY THE 24^TH DAY OF JANUARY 2019

                                 

Mrs. Savithri Arulanandasamy,

Her Power of Attorney Agent

Y. Arulandasamy,

No.5-8-13, Sitalakshmi Nagar,

Kalaingar Extension,

Madurai 625 017.                                                        .. Complainant.                                                        

 

   ..Versus..

 

The Branch Manager,

Khazana Jewellery Pvt. Ltd.,

No.59, Usman Road,

Chennai – 600 017.                                                    ..  Opposite party.

          

 

Counsel for complainant            :  M/s. K. Kathiresan & another

Counsel for the opposite party  :  M/s. R. Subramanian & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to give jewels worth Rs.37,500/- at the market value available as on 01.04.2012 and further interest at the rate of 24% from 01.04.2012 and cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that in the month of December 2010, the complainant purchased jewels from the opposite party Jewellery shop and at the time of purchase the opposite party staff informed the complainant regarding the Gold Saving Scheme of the opposite party and persuaded the complainant to join the scheme.  The complainant also joined the scheme and deposited a sum of Rs.2,500/- per month for the period of 15 months.  The jewellery can be purchased for maturity value on or after the maturity date and the at the market value available on the date of maturity.  The complainant submits that on believing the sweet words of the opposite party, the complainant joined as a member and thereafter, the opposite party’s original colour regarding the conditions which are unwritten caused mental agony.   The complainant paid the monthly subscription for the entire period of 15 months i.e. on 01.04.2012 the maturity value is Rs.37,500/-.   When the complainant approached the opposite party’s jewellery shop for the purchase of jewel on the market value of the maturity date, to her shock and surprise she was informed that the jewels can be purchased only at the market value of the date of purchase.  The said condition is totally against the assurances and terms and conditions in the membership card.  Hence, the complainant issued legal notice dated:04.01.2013 to the opposite party to pay a sum of Rs.1,00,000/- towards damages on account of deficiency in service for which, the opposite party sent an evasive reply through notice dated:11.01.2011 as not agreeing to the complainant demand.   Till date, the complainant’s money is lying with opposite party.   The act of the opposite party caused great mental agony.  Hence the complaint is filed.

2.      The brief averments in the written version filed by the  opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.   The opposite party state that the terms and conditions of the scheme and the benefits available are clearly printed in the brochure provided to the complainant.  As per the terms and conditions, the complainant accepted and became a member, came to purchase jewellery in the 16^th month after completion of the scheme.   The complainant is eligible to purchase the jewels at the market rate as applicable on the actual date of redemption of the scheme.  The complainant came only on August, 2012 for such redemption and hence, she will be eligible for the purchase on the date against the maturity value.  The opposite party state that the complainant has not accepted the said condition and has not redeemed and purchased jewels.  The claim of the complainant is that she is entitled to purchase the jewels on the rate applicable on the date of maturity.   The opposite party states that the claim of the complainant is exorbitant and arbitrary.  Therefore, there is no deficiency in service on the part of the opposite party and hence the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A6 are marked.  Proof affidavit of the opposite party is filed and no documents marked on the side of the opposite party.

4.      The points for consideration is:-

1. Whether the complainant is entitled to get the jewels worth Rs.37,500/- as on 01.04.2012 with interest at the rate of 24% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony with cost as prayed for?

5.      On point:-

Both parties filed their respective written arguments.  Heard the complainant’s Counsel also.   Perused the records namely the complaint, written version, proof affidavits and documents.  The learned Counsel for the complainant would contend that in the month of December 2010, the complainant purchased jewels from the opposite party Jewellery shop and at the time of purchase the opposite party staff informed the complainant regarding the Gold Saving Scheme of the opposite party as per Ex.A1 and persuaded the complainant to join the scheme.  The complainant also joined the scheme and deposited a sum of Rs.2,500/- per month for the period of 15 months.  Ex.A2 is the bills for payment.   Further the contention of the complainant is that on believing the sweet words of the opposite party, the complainant joined as a member and thereafter, the opposite party’s original colour regarding the conditions which are unwritten caused great mental agony.    The complainant paid the monthly subscription for the entire period of 15 months i.e. as on 01.04.2012 the maturity value is Rs.37,500/-.   When the complainant approached the opposite party’s jewellery shop for the purchase of jewel on the market value as on the maturity date, to her shock and surprise she was informed that the jewels can be purchased only at the market value of the date of claiming jewels to purchase.  The said condition is totally against the assurances and terms and conditions in the membership card proves the deficiency in service.  Hence, the complainant was constrained to issue legal notice dated:04.01.2013 as per Ex.A3 for which, the opposite party sent an evasive reply as per Ex.A5.   Till date, the complainant’s money is lying with opposite party.   Hence, the complainant was constrained to file this case claiming the value of jewels at the market value dated:01.04.2012 or alternatively the maturity amount with interest at the rate of 24% p.a. with a compensation of Rs.1,00,000/-.

6.     The contentions of the opposite party is that the terms and conditions of the scheme and the benefits available are clearly printed in the brochure provided to the complainant.  As per the terms and conditions, the complainant accepted and became a member, came to purchase jewellery in the 16^th month after completion of the scheme.   The complainant is eligible to purchase the jewels at the market rate as applicable on the actual date of redemption of the scheme.  The complainant came only on August, 2012 for such redemption and hence, she will be eligible for the purchase on the date against the maturity value.  But neither the opposite party nor the complainant produced any brouchure to show such condition.   Further the contention of the opposite party is that the complainant has not accepted the said condition and has not redeemed and purchased jewels.  The claim of the complainant is that she is entitled to purchase the jewels on the rate applicable on the date of maturity.   Since, the opposite party has not proved the said condition that the complainant is eligible to purchase the jewels on the prevailing market rate on the actual date of redemption and has not paid either the amount or given the jewels at the rate of value on the date of maturity proves the deficiency in service and unfair trade practice.  Further the contention of the opposite party is that the claim of the complainant is exorbitant and arbitrary. Considering the facts and circumstances of the case this Forum is of the considered view that this opposite party shall  give the  jewels worth Rs.37,500/- at the market value available as on 01.04.2012 the date of maturity and interest at the rate of 12% p.a. from the date of complaint to till the date of this order with a compensation of Rs.10,000/- and cost of Rs.5,000/-.

In the result, this complaint is allowed in part.   The opposite party is directed to give the jewels worth Rs.37,500/- (Rupees Thirty seven thousand and five hundred only) as on 01.04.2012 and interest at the rate of 12% p.a. from the date of complaint (i.e.) 14.02.2013 to till the date of this order (i.e.) 24.01.2019 and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 24^th day of January 2019. 

 

MEMBER-I                           MEMBER-II                     PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

		Copy of membership card
		Copy of bill of payment
		Copy of legal notice
		Copy of acknowledgement card
		Copy of reply notice
		Copy of Power of Attorney

 

OPPOSITE  PARTY SIDE DOCUMENTS:-  NIL

 

 

MEMBER-I                           MEMBER-II                     PRESIDENT