| Complaint Case No. CC/1/2019 | | ( Date of Filing : 10 Jan 2019 ) |
| | | | 1. Smt. Trina Deb, | | Wife of Sri Goutam Deb, Ashokenagar, P.S.- Kotwali, P.O. and Dist.- Jalpaiguri, Pin.- 735101. |
| ...........Complainant(s) | |
| Versus | | 1. Smt. Mahua Biswas, Store Manager/ Incharge of Jalpaiguri, Showroom of Senco Gold Ltd./ Senco Gold and Diamonds, | | DBC Road, P.S.- Kotwali, P.O. and Dist.- Jalpaiguri, Pin.- 735101. | | 2. Sri Suvankar Sen, Executive Director of Senco Gold Ltd, Senco Gold and Diamonds(Head Office), | | 10th Floor, Diamond Prestige, P.S.- Park Street, 41A, A. J.C.Bose Road, Circus Avenue, Kolkata-700017,(Opp.- Nonapukur Tram Depo). | | 3. Sri Sankar Sen, Managing Director of Senco Gold Ltd, Senco Gold and Diamonds(Head Office), | | 10th Floor, Diamond Prestige, P.S.- Park Street, 41A, A.J.C.Bose Road, Circus Avenue, Kolkata-700017,(Opp.- Nonapukur Tram Depo). |
| ............Opp.Party(s) |
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| Final Order / Judgement | This is a case for Unfair Trade Practice filed by the Complainant Trina Deb against the O.P Mahua Biswas, Store Manager/In-Charge of Jalpaiguri Show-room of Senco Gold Ltd. & Others for refund of Rs.5,140.04 p. for manipulation of standard of purity of the gold, deliberately weighing loss of 0.632 grams than original weight and thereby causing loss of Rs.1,821.33 p. and other reliefs. The case, in brief, of the complainant is that the complainant along with her husband deposited a old torn gold chain weighing 11.13 grams and purity of 91.66 percent i.e. 22 carats on 25.4.2017 for purchase of new gold chain weighing 15.04 grams and purity of 91.66 %/22 carats on 29.4.2017. It reveals from the record submitted by the complainant that she has purchased one “Mangal Sutra” hand-made topa at the cost of Rs. 51,145.77 p. But the old torn gold chain was deposited with material value of Rs. 24,593.71 p. After adjustment of the said amount the complainant has taken the new “Mangal Sutra” gold hand-made Topa in lieu of her torn gold chain. She paid the balance amount of Rs.25,539/-. Besides that, both the cashier and complainant Trina Deb put signatures. Such incident happened as long back as on 29.4.2017. But she has filed the instant case on 10.1.2019. Having regard to the submission of the husband of the complainant in person and after perusal of the record it appears to the Forum that the old torn gold chain given by the complainant to the O.P was malted in her presence. The Forum is not in a position to adjudge veracity of the statement of the complainant with regard to purity of the gold and value thereof. Moreover, rule of acquiescence debars the complainant to file the instant case after 1 year and 8 months. It is a vexatious application made after prolonged period. The complainant and the O.P have agreed to malt the old chain. She accepted the gold chain in exchange of old chain and paid the balance amount. Therefore, the complainant cannot take new plea before this Forum after lapse of 1 year and 8 months that she was defrauded. Thus the case be dismissed. | |
