Order-19.
Date-15/07/2016.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint states that being allured by the advertisement of the O.P.-1 SWARNA YOJONA SCHEME i.e. Monthly Gold Saving Scheme he availed of the said Scheme on 27/11/2011 for a monthly instalment of Rs.1500/- only for a tenure of 12 months and the date of maturity of the said Scheme was 28/11/2012. Accordingly complainant deposited Rs.1500/- per month and the amount of gold deposited up to 28/11/2012 was 6.231 gms. O.Ps.-3 and 4 gave another 0.50 gms gold in proportion to the instalment of the complainant as per the offer. So the total amount of gold booked was of 6.731 gms. Complainant purchased a chain weighing of 14.990 gms. And complainant had to pay the price of 14.990 - 6.731 = 8.26 gms. along with making charge. But O.P.-3 calculated the entire value of gold i.e. 14.990 gms. at the rate of Rs.2981.72 per gram. The price of the said chain along with making charge was Rs.50,059.55 and adjusted Rs.19,500/- which was deposited in the complainant’s account from the total amount and finally the bill came to Rs.31,060/-. An advertisement was published in the newspaper KHABAR 365 DIN dated 01/01/2013 that 15 percent discount will be available on making charge but complainant was not given the opportunity on the plea that he purchased jewelleryon SwarnaYojona scheme, so he is not entitled to any other offer. According to the calculation made by the O.Ps. they are taking Rs.1446.85 more and it is no doubt an unfair trade practice. Complainant prays for refund of excess amount of Rs.1446.85 and Rs.95,000/- as compensation, litigation cost and interest.
O.P.-1 and 2 contested the case by filing W.V. stating therein that the present complaint is not maintainable. It is stated in the said W.V. filed by the O.Ps.-1 and 2 that complainant purchased a gold chain on 01/01/2013 and the complaint is filed on 08/01/2015 after expiry of limitation period of two years as per C. P. Act,1986, but no petition for condonation of delay has been filed. So the O.Ps. prayed for dismissal of the complaint on the ground of limitation.
On 16/03/2016 O.Ps. filed W.V. and stated that the value of gold chain after giving the benefit of SwarnaYojona Scheme was of Rs.31,060/-. In this case, complainant is not entitled to get 15 percent discount on making charge according to the Advertisement published in the Khabar 365 Din dated 01/01/2013. It was a completely different scheme and the same cannot be clubbed with any other scheme as per policy of O.P.-1 Senco Gold Ltd. O.P. always tried to render proper service to the complainant. As the complainant availed the benefit of SwarnaYojona Scheme he cannot avail the benefit of the Scheme published in the Khabar 365 Din on 01/01/2013. So the O.Ps. are in no way responsible for the loss suffered by complainant. O.P. has no intension of taking extra amount from complainant. The O.P. has dischargedhis liability to their customer and they have not committed any unfair trade practice. They are no deficient in rendering their service.
Decision with Reasons
On in depth study of the complaint and the Written Version together with E/Chief and other documents on record, it is revealed that the complainant availed of SwarnaYojona Scheme. Complainant paid an amount of Rs.1500/- per month for 12 months and he was supposed to get the amount of gold of the 13th month at free of cost. Instead of depositing gold from the date of depositing money O.Ps. havecalculated the value of entire gold i.e. 14.990 at the rate of Rs.2981.72 per gram, the prevalent rate on that date.
In the advertisement, it was clearly stated that gold will be deposited against the amount of money deposited by with the O.Ps. bythe complainant. When complainant went to purchase the gold chain he assumed that he had to buy only 14.990 gms.- 6.27 gms. = 8.26 gms. but the contrary happened, complainant had to pay an extra amount of Rs.1446.85. Complainant suffered financial loss due to misleading and false advertisement. When complainant entered into the Scheme viz. SwarnaYojona Scheme, he thought that he would get gold against the amount deposited, but the O.Ps. failed to keep their contract. They deposited money. When complainant went to purchase ornament they took the price of gold prevailing on the date of purchase but price of gold is fluctuating day by day. If the gold was deposited by the O.Ps. complainant would have been benefitted. The acts of the O.P. are no doubt unfair trade practice. Complainant did not think of spending the extra amount. While enquired he came to know the fact. Though he spent the full amount and bought the gold chain, he faced mental agony and pain and for which he is entitled to get compensation.
O.Ps. filed an objection challenging the maintainability of the case which was dismissed by this Forum and also by the Hon’ble State Commission. While considering the documents it has been found that the O.Ps. again in their written version raised the point of maintainability, which has already been dismissed.
On 01/01/2013 Senco Gold published an advertisement in the daily newspaper Khabar 365 Din that the customers will get 15 percent discount on making charges. Complainant wanted to avail of that opportunity by purchasing the chain on the same day, but he was told that he is not entitled to that benefit. Nowhere in the advertisement it was stated that the customer who availed of a scheme cannot get benefit of other scheme. O.Ps. failed to show a scrap of paper where it was stated that complainant is not entitled to get two benefits at a time. It is undoubtedly a deficiency in service. O.P. ought to have mentioned clearly in the advertisement that who are already availed of any other Scheme shall not be entitled to get such discount on making charge.
All such activities of the O.P. prove that O.Ps. are negligent and deficient in discharging their duties.
In the result, the complaint succeeds.
Hence,
Ordered
That the case be and the same is allowed on contest against the O.Ps. with cost of Rs.10,000/-.
O.Ps. are directed to refund the amount of Rs.1446.85 with interest at the rate of 10 percent p.a. from the date of filing of the case till the date of payment.
O.Ps. are further directed to pay a compensation of Rs.10,000/- to the complainant for causing harassment and mental pain.
O.Ps. are directed to comply the aforesaid order within 30 days from the date of this order failing which O.Ps. are liable to pay Rs.100/- per diem to this Forum towards penal damages till full satisfaction of the decree.
Complainant is at liberty to put the order into execution as per Law if not complied by the O.Ps.
