By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of Consumer Protection Act of 1986 for an Order directing the opposite party to pay Rs.10,000/- as compensation and Rs.1,388.24/- as price difference in selling gold and Rs.1,500/- as cost of the proceedings.
2. Brief of the complaint:- The complainant and his wife are used to purchase Gold ornaments from the opposite party's shop. The complainant sold 30.480 gram gold ornaments to opposite party which was purchased in 2012 at a rate of Rs.2,740/- per gram. The complainant sold one chain which was purchased moths back to opposite party and opposite party gave price deducting Rs.20/- per gram and a total sum of Rs.609.80/- less to the complainant. On enquiry the opposite party stated that it is the decision of gold merchants. The opposite party gave only Rs.2,772/- instead of Rs.2,800/- per gram. When 24.330 grams of gold ornaments were sold to the opposite party which was purchased in 2012. There by the complainant sustained a loss of Rs.678.44/-. The complainant as several occasions demanded the amount from the opposite party. But the opposite party did not settle the matter. According to the complainant, the act of the opposite party is nothing but deficiency of service from the part of opposite party. Aggrieved by this, the complaint is filed.
3. On receipt of complaint, Notice was issued to opposite party and opposite party appeared before the Forum and filed version. In the version of opposite party, the opposite party denied all the material allegations in the complaint. The opposite party denied the purchase of old gold ornaments from the complainant and giving of less price. The opposite party have no business of purchasing old gold ornaments. The opposite party pays market value prevailing in the market for exchange gold ornaments. The opposite party conducts business only on lawful manner and not otherwise.
4. On perusal of complaint, version and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
5. Point No.1:- In addition to complaint, the complainant filed proof affidavit and produced documents. The complainant is examined as PW1 and documents are marked as Ext.A1 to A7. Ext.A1 is the Estimate(original) issued by opposite party to the wife of complainant on selling old gold ornaments to opposite party on 13.05.2013. Ext.A2 is the estimate given to complainant's wife by opposite party on 16.01.2014. Ext.A3(Subject to proof) is the estimate given on 27.01.2014. Ext.A4 is the Retail Invoice dated 13.06.2013. Ext.A5 is the Estimate dated 01.09.2012. Ext.A6 is the Estimate dated 04.05.2013. Ext.A7 is the Estimate dated 12.06.2013. The opposite party did not have oral evidence. On perusal of Ext.A1 to A7, the Forum found that the complainant sold old gold ornaments to the opposite party and the opposite party paid purchase price to the complainant on several occasions. The contention of the opposite party that the opposite party never purchased old gold ornaments from the complainant is found false and misleading. Ext.A1 to A7 are estimates issued under the letter head of opposite party itself. When the complainant alleges that 1% deduction is made in the price of old gold ornaments it is up to the opposite party to prove that which the prevailing market rate of old gold ornaments. The opposite party did not produce any evidences to that aspect. The burden is upon the opposite party to prove their case. So the Forum found that there is nothing to disbelieve the case of the complainant. The purchase and selling of gold ornaments are not proved to be for business purpose. So the Forum found deficiency of service and unfair trade practice from the side of opposite party. Point No.1 is found accordingly.
6. Point No.2:- Since Point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation. The point No.2 is decided accordingly.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.1,388.24/- (One Thousand Three Hundred and Eighty Eight Rupees and Twenty Four Paise Only) to the complainant as loss sustained to him in selling old gold ornaments to opposite party along with Rs.500/- (Rupees Five Hundred Only) as cost and Rs.1,000/- (Rupees One Thousand Only) as compensation. The opposite party shall comply the Order within 30 days from the date of receipt of this Order failing which complainant is entitled for 12% interest per annum thereafter.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 14th day of October 2014.
Date of Filing:29.01.2014.
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX
Witness for the complainant:-
PW1. Abdul Nazar. Complainant.
PW2. Swaya. Employee, Literacy Mission Department.
Witness for the opposite parties:-
Nil.
Exhibits for the Complainant:-
A1. Estimate. Dt:13.05.2013.
A2. Estimate. Dt:16.01.2014.
A3. Estimate. Dt:27.01.2014.
A4. Retail Invoice. Dt:13.06.2013.
A5. Estimate. Dt:01.09.2012.
A6. Estimate. Dt:04.05.2013.
A7. Estimate. Dt:13.06.2013.
Exhibits for the Opposite Parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
