Order No.  2  dt.  29/05/2017

           The case of the complainant is that she purchased gold ornaments from o.p. on 3.12.1989. In the cash memo it was mentioned that in case of exchange of old ornaments purchased from the o.p., the o.p. would pay full value of the ornaments without any deduction for shouldering except 5% as melting and refining charges, if exchanged for new one. The complainant purchased the gold ornaments but o.p. deducted 12% from the old ornaments instead of 5% violating the terms and conditions. In view of the said fact the complainant filed this case praying for direction upon the o.p. for refund of the excess amount of Rs.20,399/- with interest and compensation of Rs.10,000/-.

            On perusal of the documents filed by the complainant it appears that in the reverse side of the cash memo it was mentioned that the above terms and conditions may be changed and it appears that the complainant purchased gold ornaments worth of Rs.4000/- and if the amount after the calculation of the exchange over is taken into consideration how the complainant can claim the huge amount of Rs.20,399/- from o.p. Apart from the said fact in the cash memo it as was stated that if necessary terms and conditions may be changed. The complainant did not look into the said terms and conditions of the cash memo and unnecessarily claimed the amount from o.p. It is quite natural that if the ornaments purchased in the year 1989 and the said exchange is made in the year 2016. Certainly there will be some depreciation in the said ornaments and on the basis of the said depreciation the o.p. calculated the adjusted amount with the subsequent purchase of the complainant. Therefore we hold that there was no deficiency in service on the part of o.p. and accordingly we are refrained to issue any notice upon the o.p. As such, the case is dismissed in limini.