The complainant Ekta Singla (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Reliance Jewels (here-in-after referred to as opposite party).
Briefly stated, the case of the complainant is that the complainant had purchased some gold ornaments from the opposite party on dated 11.10.2018 having following Articles as per below table which included its description, weight, Price and Base Value:-
Article Code | Descrip-tion | Purity | Metal Rs/Gm | Gross Wt | Net Wt | Price | Total Base Value |
SKU1205306 | 22K-P-BANGLE | 22K | 3091 | 28.81O | 28.81O | 106862.05 | 97956.88 |
SKU1971554 | 18K-S-EarRing | 18K | 2528 | 1.75O | 1.7 | 20838.81 | 19765.68 |
SKU1971567 | 18K-S-EarRing | 18K | 2528 | O.942 | O.942 | 8702.07 | 8106.73 |
For which the complainant has also paid total amount of Rs.1,29,604/- includings all taxes. For which, further the opposite party has also issued Tax Invoice vide No.AXT60718IN002012 dated 11.10.2018. Even the opposite party has taken full payment in advance as per the said invoice.
It is alleged that the complainant had seen some defect in the Article No.1 as mentioned in the above said table i.e SKU 1205306 Bangle of 22K i.e there was crack/pit on the one side of said bangle. The complainant had purchased the same in evening timings. Upon notice the same, the complainant had immediately reported the same to the opposite party over phone call. So accordingly, the opposite party had told the complainant that you can handed over the same with our office within 7 days from the date of purchase for the exchange. Accordingly, the complainant had handed over the said alleged bangle to the opposite party as per the said discussion within 7 days of purchase for exchange. But the opposite party had issued the repair form vide Acknowledgment dated 17-10-2018 to the complainant, in which it is clearly mentioned that the "Nature of repair is Bangle Side and Inside Band repair" and told to the complainant that it will become absolutely fine upon repair, hence no need of any exchange at this stage.
It is further alleged that the said alleged gold bangle was in possession of the opposite party from 17-10-2018 to till 17-11-2018, but when the complainant had visited to the opposite party to check the status of her said bangle, then she found that there was dent/pit on the said bangle after the said repair done by the opposite party and which was due to their negligence. Accordingly, the complainant had agitated and annoyed with the opposite party to repair the same or refund her full money.
It is also alleged that accordingly, the opposite party had suggested and requested the complainant to allow them few more time to deal with the said alleged gold bangle as same needs to be repaired from our Bombay office, as we need to send the same to our Bombay office and asked the complainant to visit again after few days to know the status of said bangle. Subsequently, the complainant had visited the premises of the opposite party on regular basis, but the opposite party had given one and another false pretexts on the said matter to the complainant and demanded more time regularly. Even opposite party can be seen and inspected for the said purpose that as and when the complainant had visited the office of opposite party. After passage of many months, when the opposite party had not given the said gold bangle back to the complainant, then she had again visited the premises of the opposite party and told them that she is under huge harassment from the last 8-9 months and now he is very upset with the said deficient services of the opposite party. If the opposite party will not return her bangle or money, then she will be compelled to constraint her legal remedy for this type of harassment and deficient services.
It is further alleged that accordingly, the opposite party had issued one Credit Memo/Note of total Rs.98,098.05/- to the complainant vide dated 27-06-2019 against the said alleged gold bangle and asked the complainant that your money is safe with our office. You can visit in any other working day to encash the said credit memo or you can purchase any other ornament, even you are also eligible for 9% interest from the today itself. Now, when the complainant had visited to the opposite party premises to taken back her hard earned money, then the opposite party has clearly told the complainant that we can not return the money, but you can use the said Credit note to purchase the new gold as per our current rate and weight of the current gold article as per market price. When the complainant had asked the opposite party to return back her hard earned money or her old gold bangle, then the opposite party has totally refused accede the lawful request of the complainant.
On this backdrop of facts, the complainant has prayed for directions to the opposite parties to return the said original Gold Bangle of same weight to the complainant which is in the possession of the opposite party till date or any other ornament of same weight or refund the entire amount of Rs.98,098/- as per the credit memo/note alongwith @18% interest w.e.f date of purchase i.e. 11.10.2018 to till the date of realization. Further directions to refund the cost of Labour Rs.17,810.34/- which was levied during the purchase of said gold bangle alongwith the Tax amount paid by the complainant as per calculations on bill and Rs.50,000/- as compensation and other additional charges or litigation expenses.
Upon notice, opposite party appeared through counsel and contested the complaint by filing written reply raising legal objections that the present Complaint has been filed without any cause of action. The Complainant has tried to manipulate the facts for imposing this false and frivolous complaint. The true facts in the matter is as under:
a) The Complainant had interalia purchased a hollow Bangle from the Store of the Opposite Party on 11th Oct, 2018 and came back with Dented bangle on 17th Oct, 2018 alleging defect in the bangle which had actually occurred to due to mishandling/ Accidental damage of the product.
b) That the Complainant requested the Opposite Party to repair the damaged bangle. After the preliminary investigation by the Store Staff it was clearly communicated to the Complainant the said Bangle is beyond repair & as per terms mentioned in the Invoice either to exchange the Product with some other Product OR take Credit Note towards the same to which the Complainant refused & repeatedly insisted to take a chance for its repair. On repeated insistence of the Complainant, the Opposite Party took the Bangle for checking if repair is possible & it was sent to Repair Centre at Mumbai.
c) After the thorough examination of the product as due to nature of Dents, the product was found beyond repair, the Complainant was communicated about of the same & later it was delivered back to the Complainant on 17th Nov 2018.
d) That after the passage of more than six months, the Complainant visited again & the Complainant expressed her intention of returning the said Bangle. The Opposite Party was ready to refund the Complainant the value of the Gold Bangle but as the Complainant expressed her intention of purchasing any other product on later date in near future, as per request of the Complainant, the Opposite Party issued Credit Note on 27/06/ 2019 to the Complainant.
e) Post issuance of the Credit Note, the Complainant visited the Store of the Opposite Party few times & even selected some design but did not use the Credit Note citing High Gold rates.
That the from the aforesaid it is abundantly clear that the conduct of the Opposite Party was fair &transparent from day one & cooperated with the Complainant in best possible manner, but the Complainant wants to twist & turn the same in her favour & wants to get undue advantage of the same and now the Complainant has approached the Hon'ble Forum with unclean hands for unlawful gains.
On merits, opposite party has reiterated their version as taken in the legal objection as detailed above and controverted all other averments of the complainant and prayed for dismissal of complaint.
In support of his complaint, the complainant her tendered into evidence her affidavit dated 28.2.2020 (Ex. C-1) and the documents (Ex. C-2 to Ex. C-4).
In order to rebut the evidence of complainant, the opposite party has tendered into evidence affidavit of Sanjeev Kumar dated 23.9.2020 (Ex. OP-1/1) and close the evidence.
We have heard learned counsel for the parties and gone through the file carefully.
Learned counsel for parties have reiterated their stand as taken in their respective pleadings as detailed above.
We have given careful consideration to these submissions.
The brief facts of the case are that complainant had purchased one Gold Bangle for Rs.97956.88/- from the complainant on 11.10.2018 and the said bangle had crack/pit on one side of the said bangle. Upon notice the same, the complainant had immediately reported the same to the opposite party over phone call. So accordingly, the opposite party had told the complainant that you can handed over the same with our office within 7 days from the date of purchase for the exchange. Accordingly, the complainant had handed over the said alleged bangle to the opposite party as per the said discussion within 7 days of purchase for exchange. The opposite party had issued the repair form vide Acknowledgment dated 17-10-2018 to the complainant, in which it is clearly mentioned that the "Nature of repair is Bangle Side and Inside Band repair" and told to the complainant that it will become absolutely fine upon repair, hence no need of any exchange at this stage. It is further alleged that the said alleged gold bangle was in possession of the opposite party from 17-10-2018 to till 17-11-2018, but when the complainant had visited to the opposite party to check the status of her said bangle, then she found that there was dent/pit on the said bangle after the said repair done by the opposite party and which was due to their negligence.
Further the complainant returned the damaged bangle without repair to the opposite party and issued one Credit Memo/Note of total Rs.98,098.05/- to the complainant vide dated 27-06-2019 against the said alleged gold bangle and told the complainant that her money is safe with their office. Complainant can visit in any working day to encash the said credit memo or can purchase any other ornament, even she was also eligible for 9% interest. Now, when the complainant had visited to the opposite party premises to take back her hard earned money, then the opposite party has clearly told the complainant that they can not return the money, but complainant could use the said Credit Note to purchase the new gold as per their current rate and weight of the current gold article as per market price. When the complainant had asked the opposite party to return back her hard earned money or her old gold bangle, then the opposite party has totally refused to accede the lawful request of the complainant. Opposite party has admitted that the Complainant had interalia purchased a hollow Bangle from the Store of the Opposite Party on 11th Oct, 2018 and came back with Dented bangle on 17th Oct, 2018 alleging defect in the bangle which had actually occurred to due to mishandling/ Accidental damage of the product. The Complainant requested the Opposite Party to repair the damaged bangle. After the preliminary investigation by the Store Staff it was clearly communicated to the Complainant the said Bangle is beyond repair & as per terms mentioned in the Invoice either to exchange the Product with some other Product OR take Credit Note towards the same. After the thorough examination of the product as due to nature of Dents, the product was found beyond repair.
It is clear on the evidence on the file that the complainant had purchased Gold Bangle from the opposite party and this bangle was damaged and had manufacturing defect right from the very beginning. The complainant returned the bangle for repair within 7 days but the opposite party refused to repair the bangle. Even after the passage of one month, opposite party returned the bangle without repairs. The opposite party has admitted in its reply that the said bangle was beyond repair. Further the opposite party issued credit note on 27.6.2019 and insisted that the complainant should purchase some jewellery against the credit note and did not give cash to the complainant. From above it is clear that the opposite party has shown deficiency in manufacturing and repairing of said bangle and further deficiency in not returning the hard earned money of the complainant.
In view of what has been discussed above, the complaint is party allowed and opposite party is directed to pay Rs.7500/- as cost and compensation to the complainant and further refund Rs.98,098/- plus interest @ 9% from 27.6.2019 i.e date of issuance of credit note, to the complainant and at the same time, after receiving awarded amount from opposite party, the complainant will return the credit note to opposite party.
The compliance of this order be made within 45 days from the date of receipt of copy of this order.
The complaint could not be decided within the statutory period due to heavy pendency of cases.
Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.
Announced
13-10-2023
- (R.L Mittal)
President
(Shivdev Singh)
Member
