This is a case under section 35 of Consumer Protection Act, 2019.
Brief facts of the complainant’s case is that, the complainant had invested in a scheme of the O.P. Jewelers, by which she had to purchased voucher valuing Rs. 2,000/-(Rupees Two Thousand Only) each for ten(10) months against interest. Such voucher could then be redeemed after maturity of ten (10) monthly installments, either by purchase of customized jewellery or by refund of the amount of Rs. 20,000/-(Rupees Twenty Thousand Only)- 2% in cash and a voucher in lieu of cash equivalent to interest earned from the principal. The complainant thus made payments from 27th November 2020 to 27th August 2021 @ Rs. 2,000/-(Rupees Two Thousand Only) each for ten(10) months totaling a sum of Rs. 20,000/-(Rupees Twenty Thousand Only). The complainant had already paid Rs. 20,000/-(Rupees Twenty Thousand Only) and also earned metal interest of the Rs. 1923/- (Rupees One Thousand Nine Hundred Twenty Three Only) and other metal interest of Rs. 1050/-(Rupees One Thousand Fifty Only). Thereafter, the complainant made an application for the refund of the amount of Rs. 20,000/-(Rupees Twenty Thousand Only) along with interest earned by redeeming the voucher and the O.P. Jewelers calculated as per terms of the scheme and informed the complainant that Rs. 19600/-(Rupees Nineteen Thousand Six Hundred Only) and interest amount would be given in the form of voucher. The complainant then requested for the refund of Rs. 19600/-(Rupees Nineteen Thousand Six Hundred Only) for which the O.P. Jewelers generated request requisition no. RR18003001328 dt. 14th October 2021 and informed the complainant that the request refund would be processed within fifteen(15) days, by crediting the same to the Bank Account provided by the complainant. But the above amount was not transferred to the Bank Account of the complainant within the time frame, following which the complainant was subjected to many follow up procedures, in vain. Finding no other alternative the complainant issued a legal notice dt. 11.11.2021, claiming the above amount of Rs. 19600/-(Rupees Nineteen Thousand Six Hundred Only) along with interest from 30th October 2021. But the O.P. Jewelers vide its reply dt. 27.11.2021, was willing to refund the amount of Rs. 19600/-(Rupees Nineteen Thousand Six Hundred Only) but without the interest. The complainant thus, filed this complaint before this Commission. Hence this case.
The O.P. Jewelers have appeared to contest this claim by filing Written Version wherein they have admitted the deposits made by the complainant amounting to Rs. 20,000/-(Rupees Twenty Thousand Only) in ten (10) installments of Rs. 2,000/-(Rupees two Thousand Only) starting from 27.11.2020 to 27.08.2021. But they have refused to pay any sort of interest on the ground that as per the clause 9 & 10 of the CJP Scheme, which is reproduced below:
“ 9. in case of refund, it payment was made through Payment wallet, credit/debit card or online mode then 2% of such amount will be deducted.
10. in case of refund of amount, the benefit voucher given if any, can be redeemed only when purchase of equal or more amount is made which customer took as refund”.
After filing of the case, the complainant did not appear, even though evidence-on-affidavit have been filed by the O.P. Jewelers and case was thus, taken up for disposal on merits.
The material part of the transaction i.e. deposit of the Rs. 20,000/-(Rupees Twenty Thousand Only) @ Rs. 2,000/-(Rupees Two Thousand Only) each from 27th November 2020 to 27th August 2021 is admitted. The only point in dispute is with regard to the interest component. As per admission, the deposit of the last installment was done on 27th August 2021. Thereafter, even after the generation of the refund requisition request on 14th October 2021, the O.P. Jeweler failed to refund the amount in time, failing which the complainant had to issue a legal notice dt. 11th November 2021. Despite receiving the notice, the O.P. Jewelers failed to refund the amount along with the interest, on the ground that such interest was inadmissible, in view of the provision of clause 9 & 10 of the CJP Scheme.
In such a scenario, there was no option before the complainant to resort to what she did. What could she have done after complying with her portion of the agreement, as provided in the CJP Scheme, especially when she had completed her payment about two(2) months back and when there was no relief forthcoming. The O.P. Jewelers on the other hand, should have shown their bona fide, by immediately transferring the agreed amount along with the necessary vouchers to the complainant. But as they failed to do so they committed deficiency of service by causing injury to the complainant. The instant case is thus allowed in favour of the complainant and the O.P. Jewelers are directed to refund amount of Rs. 19600/-(Rupees Nineteen Thousand Six Hundred Only) with interest @ 8% from 30th October 2021 till the date of payment. The O.P. Jewelers shall also pay of Rs. 5,000/-(Five Thousand Only) for mental pain and agony and Rs. 5,000/-(Five Thousand Only) as litigation costs.
It is therefore,
O R D E R E D
That the case be and the same is allowed on merits with costs to the O.P. Jewelers.
The O.P. Jewelers are directed to refund Rs. 19600/-(Rupees Nineteen Thousand Six Hundred Only) with interest @ 8% from 30th October 2021 till the date of payment.
The O.P. Jewelers are directed to pay Rs. 5,000/- (Five Thousand Only) for mental pain and agony and Rs. 5,000/- (Five Thousand Only) as litigation costs.
Copies of the Judgment be delivered free of cost to both the sides.
