Delhi

East Delhi

CC/407/2016

SANGEETA DEVI - Complainant(s)

Versus

RELIANCE RETAIL - Opp.Party(s)

20 Feb 2019

ORDER

                         CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                

                                                                                                  Consumer Complaint no.          407/2016

                                                                                                  Date of Institution                  24/08/2016

                                                                                                  Order Reserved on                 20/02/2019

                                                                                                  Date of Order                          22/02/2019  In matter of

Ms. Sangeeta Devi         

D/o  Sh. Akhil Chandra Gupta   

R/o  S-66A, Top Floor,    

Pandav Nagar, Delhi 110092……………...………..…………….Complainant

                                                                  

                                                                     Vs

Reliance Retail Ltd.

UGS Space,

C 51, Preet Vihar Vikas Marg, Delhi 110092

 

Complainant                                       In Person  

Opponent                                            Mr Kapil Kumar Sharma

                                               

Quorum          Sh Sukhdev Singh      President

                         Dr P N Tiwari              Member

                         Mrs Harpreet Kaur    Member

 

Order by Dr P N Tiwari  Member 

Brief Facts of the case  -

Complainant purchased one Gold chain weigh 8.520 grams from OP for a sum of Rs 23,435/- on 27/07/2015 (Ex CW1/1), but after wearing for about two months, it got blacked. She went to OP for getting it replaced, but chain was neither replaced nor refunded and the staff of OP asked for another labour charges of Rs 4000/- for getting it replaced. Seeing cheating and harassment and  financial loss, so filed this complaint and claimed compensation of Rs 75,000/-with replacement of her chain.  

OP submitted written statement and denied all allegations of complainant. It was stated that their products were of International standard and had BIS Hallmarked jewelry where 100% purity had been certified by the Govt of India and the said Gold Chain vide Article Code SKU364117, 22K-P Chain of 22 K (carat) weight of 8.520 gms for sum of Rs 23435/-in cash which was purchased by complainant vide invoice no. 841111015/N00562 on dated 28/07/2015 (Ex. OPW1/1). Purchased Chains of 22 carat had certain terms and conditions for use and cleanings as per BIS certification (Ex OPW1/1A &2A). It was also submitted that complainant had also purchased 04 other chains on the same date (28/07/2015) vide Article Code no. 4-G1480 as 22K-P-Chains 22 K through card payments of Rs 33685/.21 and rest in cash total amount for a sum of Rs 38919.52 (Ex OPW1/2), thus and complainant purchased for total Rs 1,101,61.10 on the same date. It was stated that complainant did not mention that cash received in return of chains after one year of use without alleging any defect and a sum of Rs 60224.92 were transferred in her account on 21/07/2016. The allegation of getting chain black after using for about two months had no evidence on record. Hence, there was no deficiency in OP services or defects in any of purchased items so there was no reason for claiming compensation from this Ld Forum illegally and thus this complaint may be dismissed with cost.

Complainant in her rejoinder denied all replies of OP and relied on her facts of complainant. She also denied that she received Rs 60,224.92 as refunded money for returning of chains from OP. It was also stated that OP had refunded for other items, but not for chains. In her evidences on her own affidavit she affirmed that her invoice (Ex CW1/1) was correct. Hence, prayed for passing her compensation as OP did not refund the cost of chain despite of repeated visiting OP office.   

OP filed evidence on affidavit through Mr. Ravinder Thusu working as Manager with OP relied on their two invoices Ex OPW1/1 &2 with their terms and conditions laid down by BIS (Ex OPW1/1A&2A). It was stated that as per BIS specifications, all Gold articles of 22 carat had to be used carefully as they were of pure Gold whereas other Gold articles contains metals for more hardness and bear local changes. Hence, pure Gold articles had tendency to turn black temporarily. All allegations of complainant were without any evidences and imaginary and false.  There was no evidence which could prove that the Gold articles including Chains were of inferior quality and got black after using for two months. When amount was refunded even after one year of purchase, then there was neither deficiency in their service or Gold articles had any manufacturing defects, hence this complaint may be dismissed.   

Arguments were heard from counsel of OP and complainant and after perusal of materials on record, order was reserved.  

We have gone through all the facts and evidences on record. It was observed that complainant has not filed required evidence of amount refunded in her bank account as stated by OP through any evidence. More so, complainant had not stated in her complaint about detail of purchase of other Gold items on the same dates. There was no evidence of blackening of chains ever submitted by complainant. So, there is no merits in this complaint and that being so, complaint deserves to be dismissed so dismissed without any direction or cost.

The copy of this order be sent to the parties as per the Section 18(6) of the Consumer Protection Regulation, 2005 ( in short CPR)  and file be consigned to the Record Room under Section 20(1) of CPR.  

 

(Dr) P N Tiwari –Member                                                                      Mrs Harpreet Kaur – Member

                                                               Sukhdev Singh  President