PRESENT: Sh.Neeraj Sobti, Adv. for the Complainant.

         Sh.S.K. Sinha, Adv. for OP.

PER ASHOK RAJ BHANDARI, MEMBER

        This case was earlier decided ex-parte vide order dated 21.07.2009 by this Forum. Aggrieved against the said order Opposite Party went in Appeal before the Hon’ble State Commission. The State Commission vide its order dated 20.11.2009, allowed the Appeal of OP by setting aside the ex-parte order and remanded this case for deciding the same afresh in accordance with law after giving reasonable opportunity of being heard to both the parties.

2]      Concisely put, the Complainant purchased four bangles of 49 grams from the OP in January, 2005, against which the OP did not give any receipt, except certificate of purchase.  When, on 19.07.2005, she again visited the OP to check its purity, the OP flatly refused to purchase the gold bangles, labelling it as impure gold, but when she showed him certificate of purchase issued by it of 22 crt quality, then he got confused and compelled her to get yet new bangles in exchange by returning the old ones weighing a total of 56.33 gms by charging of Rs.4600/- extra for 7.33 gms of additional gold on 06.08.2005 and he again did not give any bill. However, a certificate to that effect was issued (Annexure A). The OP gave an assurance at the time of initial purchase of bangles that no amount will be deducted in the case of sale of gold bangles and that an exact amount of the prevalent market value will be paid to her at any stage. On 29.06.2009, the Complainant was shocked, when she got the purity of the said bangles checked from Tanishq SCF 51, Phase-7, Mohali and it was certified that all the four bangles were not 22 crts purity as certified by the OP vide annexure A, The copy of the purity test is Annexure A-2, which shows as follows:-

1.       Bangle = 19.5 Crts. Instead of 22 Crts. KDM as alleged by OP.

2.       Bangle= 16.93 Crts Instead of 22 Crts. KDM as alleged by the OP.

3.       Bangle = 20.43 Crts. Instead of 22 Crts. KDM as alleged by OP.

4.       Bangle = 20.11 Crts Instead of 22 Crts. KDM as alleged by OP.

The act of selling gold bangles on 06.08.2005 to the Complainant while stating it to be pure gold of 22 crt and further charging the price for pure gold from the Complainant intentionally, when it was within the knowledge of the OP that the said gold bangles were not of pure gold and carried a lower crt. value and also issuing false certificate to the Complainant about the purity of gold, amounts to deficiency in service as well as unfair trade practice on the part of OP. Alleging this as deficiency in service on the part of OP, complainant has approached this Forum with the following prayer:-

3]     OP in its written statement/reply, while admitting the factual matrix of the case, pleaded that the Complainant placed an order to remake 04 new Gold Bangles on 19.7.2005 vide Order Form Sr. No. 801. She deposited 04 Gold Bangles weighing 49 gms. and asked the OP to redesign them. Thereafter, the OP redesigned the 04 Bangles by adding an extra 7.33 gms. of extra gold. A certificate of gold dated 6.8.2005 was issued, assuring that the 7.33 gms. of gold used was 22 Kt and further, the making charge of Rs.4600/- of  56.33 gms. was mentioned. It was asserted that the Complainant was making false claim of purchase of the Gold Bangles on an earlier date; whereas she only got the same redesigned. No such assurance was given to her, except for the prevailing practice of deducting the manufacturing cost of ornaments. No receipt was ever issued except the certificate of gold as the Complainant only got the Gold Bangles redesigned and did not purchase the same from the OP. Denying all the material allegations of the complainant and pleading that there has been no deficiency in service or unfair trade practice on their part, a prayer for dismissal of the complaint has been made. 

4]      We have carefully gone through the entire case thoroughly, including the complaint and the relevant documents tendered by the complainant / OP. We also heard the arguments put forth by the learned Counsels for the parties. As a result of the detailed analysis of the entire case, the following points/issues have clearly emerged and certain conclusions/arrived at, accordingly:-

i]  The basic facts of the case in respect of the Complainant having purchased 04 bangles of 49 gms. from the OP in January, 2005, and the Complainant having visited OP again on 19.7.2005 to check the purity of the bangles and thereafter, the preparation of fresh 04 gold bangles weighing 56.33 gms. by charging Rs.4600/- extra for the additional gold weighing 7.33 gms. on 06.08.2005, have all been well established. The only point in dispute between the parties is that whereas the Complainant claims having purchased 04 gold bangles initially in January, 2005, from the OP with 22 Crts. Purity and subsequently, getting it converted into 04 new gold bangles on 06.08.2005 by adding 7.33 gms. of gold again with 22 Crt. purity at a cost of Rs.4600/-, on the contrary, the OP has controverted the statements of the Complainant, saying that the Complainant had never purchased the bangles from it in the first instance in January, 2005, but had only brought the 04 bangles already lying with her for converting/ re-designing the same into 04 new gold bangles on 19.07.2005 and accordingly, on 06.08.2005, a certificate was issued assuring that the additional 7.33 gms. of gold used was 22 Crts. purity and further, it had charged Rs.4600/- for making the 56.33 gms. for the 04 bangles and not the cost of extra gold weighing 7.33 gms.

ii] The contention of the Complainant is supported by her affidavit and also Annexure-A, which shows the making of 04 gold bangles weighing 56.33 gms. by adding 7.33 gms. with purity of 22 Crt. KDM. Nowhere in this Annexure, the purity of 49.00 gms. of gold has been separately mentioned or challenged, which implies that the entire 56.33 gms. of gold comprising 4 bangles carries the same purity i.e. 22 Crts. KDM. The Complainant has also enclosed Annexure Ex.A2, which shows the real purity of the 04 gold bangles as certified by the competent authority, which is far below 22 Crts. for example, the 1^st bangle has 19.5 Crts, the 2^nd 16.93 Crts, the 3^rd 20.43 Crts and the 4^th 20.11 Crts., instead of the certified 22 Crts. in each case by OP, which shows that none of the 04 bangles has 22 Crts. KDM purity, as was claimed by the OP in the certificate issued by it. The purity of these 04 bangles have been duly certified by Tanishq, which is an authorized agency to issue the certificates in respect of purity of gold. Therefore, this certificate totally belies the tall claims made by the OP in respect of the purity of gold as of 22 Crt., which was used by it for making 04 new bangles.

5]      Keeping in view the above detailed analysis of the entire case, it is quite clear that the OP has not only been deficient in service, but also indulged in an unfair trade practice. It is deficient in service because of its refusal to return the exact amount of the gold at the present market value to the Complainant without making any deductions whatsoever, as promised and assured by it. It is also indulging in unfair trade practice because of its false and fake claim in respect of the actual and real purity of the gold used by it for making 04 new bangles for the Complainant, claiming it all through as of 22 Crts. KDM; whereas, in reality, the Crts. value has gone down as low as 16.93 Crts. instead of 22 Crts. KDM, which shows the OP is very poor light and goes against it.

6]      Keeping in view the foregoings, it is our considered view that the present Complaint must succeed in favour of the Complainant and against the OP. We order accordingly.

7]      We direct the OP to make the following payments to the Complainant:-

8]      This order be complied with by OP within a period of one month from the date of receipt of its certified copy, failing which, interest @18% per annum shall also become payable on the amounts as at (i), (ii) and (iii) above with effect from the date of filing of the present complaint i.e. 27.04.2009, till the date of realization, besides paying the cost of litigation at Rs.1,000/-.

9]     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.