BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Mrs. Veena Bhardwaj w/o Sh. Raj Kumar Bhardwaj r/o B-179, Sector 14, Panjab University Campus, Chandigarh.

….…Complainant

                            V E R S U S

M/s Platinum Sales, SCO 14, 1st Floor, Near Neelam, Above Wills, Sector 17E, Chandigarh through its Proprietor.

                                   ..…Opposite Party

CORAM:        SH.RAJINDER SINGH GILL, PRESIDING MEMBER

              MRS. MADHU MUTNEJA, MEMBER

Argued by:       Sh. Parminder Singh, Adv. for complainant.

Ms.Venuka Kumaria, Adv. for OP

PER MRS. MADHU MUTNEJA, MEMBER

             Briefly stated, in April 2009 the complainant joined a Monthly Kitty Instalment Scheme run by the OP.  As per the scheme the complainant was to deposit an advance deposit of instalment of Rs.1,000/- on monthly basis for a period of 12 months and upon expiry she would be provided with gold jewellery worth the amount paid plus one EMI i.e. gold jewellery worth Rs.13,000/-. The complainant paid the first instalment vide receipt dated 18.4.2009 and for the remaining 11 instalments she gave 11 post dated cheques bearing No.349601 to 349611 to the OP. 

              Upon expiry of the scheme in March 2010, the complainant approached the OP on 20.3.2010 and placed an order for a pair of gold ear tops costing Rs.13,000/-.  However, when she contacted the OP on 19.4.2010 she found that the ear tops were not as per the specifications ordered by her. The OP requested for some time till the first week of May 2010 but failed to deliver the ordered jewellery. It has been alleged by the complainant that thereafter the OP dilly-dallied with the matter and neither delivered the jewellery nor refunded her money.  Instead the complainant was humiliated and harassed by the OP. Hence this complaint

2.        In their written reply the OP did not dispute that the complainant joined their kitty and that she was entitled to gold jewellery worth Rs.13,000/-.  It has been submitted that the complainant selected an item other than the scheme kitty item i.e. ear tops which were heavy and costly but still the OP agreed to prepare the same of equivalent value. It has been denied that any specific time was given to prepare the ear tops. The OP has pleaded that the tops are ready but the complainant has not come to collect them.  They have further submitted that they even offered cheque dated 4.6.2010 amounting to Rs.12,000/- to the complainant  but she did not accept the same. Pleading that there has been no deficiency in service or unfair trade practice on their part they have prayed for dismissal of the complaint. 
3.        Parties led evidence in support of their contentions.
4.        We have heard the ld. counsel for the parties and have also perused the record. 
5.        The case relates to a dispute between a customer and a jeweler.  The customer (complainant) after joining the kitty of the OP and making the payment of all the instalments  has placed an order for a piece of jewellery which has not been supplied by the jeweler (OP) to her satisfaction.  
6.        At the time of arguments the ld. counsel for the complainant was advised to go to the shop of the OP and collect the jewellery item which would be supplied to the complainant at the rate of gold prevalent at the time of placing the order which was approximately Rs.16,000/-.  The ld. counsel for the OP had agreed to this proposal subject to the condition that the complainant would also pay for the item any further amount beyond Rs.13,000/- as per the weight of the jewellery. 
7.        However, later on the complainant’s counsel stated that the complainant had by now lost faith in the OP and did not wish to transact with them any further.  She was not sure about the quality of jewellery which would be made available to her.  Agreeing with her justifiable insecurity, we deem it proper to allow this complaint in her favour and direct the OP to make the following payments to her :

a)  OP shall refund the amount of Rs.12,000/- paid by the complainant through various EMIs

b)  OP shall also pay Rs.8,000/- as compensation for the harassment caused to her and Rs.2,500/- as costs of litigation.

8.        This order be complied by the OP within thirty days from the date of receipt of copy of this order failing which they would be liable to pay the aforesaid amount with interest @ 12% per annum from the date of the order till the payment is actually made to the complainant.

              Certified copies of this order be sent to the parties free of charge.  The file be consigned.