Tamil Nadu

South Chennai

CC/96/2021

R.Muthukumar - Complainant(s)

Versus

Saravana Stores Elite Gold Shop - Opp.Party(s)

Party in Person

27 Feb 2023

ORDER

                                                    Date of Complaint Filed : 29.07.2021

                                                    Date of Reservation      : 06.02.2023

                                                    Date of Order               : 27.02.2021

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                 :  MEMBER  I 

                      THIRU. S. NANDAGOPALAN., B.Sc., MBA.,           : MEMBER II

 

CONSUMER COMPLAINT No. 96/2021

MONDAY, THE 27^th DAY OF FEBRUARY 2023

R. Muthukumar                                   ,

S/o. Rathinam,

132 B, Subramaniyapuram,

Krishnaji Pattinam (PO),

Pudukottai District – 614630.                                                                                              ...   Complainant                

 

..Vs..

 

The Proprietor,

Saravana Stores Elite Jewellers,

115,116,117, Usman Road,

T.Nagar, Chennai -600 017.                                                                                              ...  Opposite Party

 

******

Counsel for the Complainant          : Party in Person

Counsel for the Opposite Party       : M/s. Dass & Viswa Associates

 

On perusal of records and after having heard the oral arguments of the Complainant in person and upon treating the written arguments as oral arguments of Opposite Party on endorsement made by the Opposite Party, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 35 of the Consumer Protection Act, 2019 and prays to direct the Opposite Party to pay a sum of Rs.5,00,000/- towards compensation for the mental agony and loss caused to the Complainant.

2.     The averments of Complaint in brief are as follows:-

The Complainant submitted that on 28.06.2021 the Complainant had purchased two silver articles namely neck chain  weighing 40.96 gms and anklet weighing 162.01 gms from Saravana Stores Elite, a jewellery shop at  Usman Road, Thyagaraya Nagar, Chennai  at the rate of Rs.73.50 per gram totally amounting to Rs. 16,017.40/- including making charges and wastage and  taxes vide bill No.32127/21-22.  The neck chain turned black within two days. The Complainant was unable to come to Chennai immediately, so on 05.07.2021 he went to Saravana Stores Elite shop and enquired, who said that they would polish the article and asked him to collect  after two days. Accordingly, the Complainant went to the shop and collected it. Again the polished article turned black  within a day or two. Hence the Complainant had sent a complaint through email. After seeing the email the complaint, they called the Complainant to visit the shop and told that for the price of the product which the Complainant purchased, it will turn black and asked  the Complainant to buy it two times more price at Rs.150/- per gram which will not turn black. Already the Complainant believing the shop and by buying a substandard product,  the Complainant was teased among the relatives as if he bought  an iron chain for which he was suffered a great mental agony. Hence the complaint.

3. Written Version filed by the Opposite Party in brief is as follows:-

The Opposite Party submitted that the products which the Complainant purchased is not covered under any warranty or guarantee and the Complainant is not responsible for the usage of the product. The Complainant wanted to put polish for the Gents chain on 05.07.2021 and accordingly the service was done to the satisfaction of the Complainant. The Opposite Party has not received any email as mentioned.  The Complainant has purchased the silver ornaments from the Opposite Party on 28.06.2021 by exchanging old products. The Complainant is a reputed jeweller in the market and always sells the products only in a good condition. The Complainant has approached this Hon'ble Forum with unclean hands to enrich himself which is of afterthought and highly condemnable as the averments itself clearly shows that the Complainant has no case at all and the claim is legally not sustainable when there is no warranty/guarantee on the purchased product.

The Opposite Party is not at all liable to compensate any amount to the Complainant. Moreover, the ill-aim of the Complainant is evident from the compensation sought for in the complaint to the tune of Rs.5 lakhs. In the foregoing circumstances, the present complaint has been filed without any cause of action and not maintainable. Hence prayed to dismiss the complaint.     

4. The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents were marked as Ex.A-1 and Ex.A-2. The Opposite Party submitted its Proof Affidavit and Written Argument. On the side of the Opposite Party, document was marked as Ex.B-1.

 

Points for Consideration

1.Whether there is deficiency in service on the part of the Opposite Party?            

 

2. Whether the Complainant is entitled for reliefs claimed?

 

3. To what other reliefs the Complainant is entitled to?

 

Point No.1:

The Complainant had purchased Silver Ornaments from the Opposite Party on 28.06.2021 and had also got his chain polished on 05.07.2021 as evident from Ex.A-1.  The Complainant had sent an E-mail to the Opposite Party on 27.07.2021 complaining about the defects in the Silver Ornaments purchased by him. The contention of the Opposite Party that the Complainant alleging that the silver ornament turned black, had approached the Opposite Party with a delay of 8 days and that there is no warranty for the product. It is seen that, when the Complainant  brought to the notice of the Opposite Party about the change of colour in the product purchased from the Opposite Party within few days of its purchase, the Opposite Party, had  polished the silver chain on 05.07.2021. According to the Complainant again the silver ornament had turned black and that he was ridiculed by relatives that he had purchased iron chain. If the grievance of the Complainant is that the silver chain turned black in few days it is a known fact that silver articles turn black on prolonged exposure to air and if the quality of product supplied by the Opposite Party is disputed the Complainant had to produce expert opinion on the defective product supplied by the Opposite Party.  However, the Complainant had not produced the defective product or the expert report about the defect in the product in order to arrive at a just decision in the case.  As the Complainant failed to substantiate his case by proper evidence, this Commission could not fix any liability on the Opposite Party.

        As the Complainant had failed to prove his case by substantive evidence regarding the defect in the product purchased by him from the Opposite Party,  this Commission holds that there is no deficiency in service on the part of the Opposite Party and hence C.C is dismissed.

Point No.2 & 3 :

As discussed and decided in Point No.1 against the Complainant, the Complainant is not entitled for the reliefs claimed in the complaint and hence not entitled for any other relief/s. Accordingly Point No. 2 & 3 are answered.             

In the result,  the complaint is dismissed. No costs.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 27^th of February 2023.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                  B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	28.06.2021	Receipt of purchase of silver ornament
Ex.A2	27.07.2021	Copy of E-mail complaint sent by the Complainant to  Saravana Stores Elite

 

List of documents filed on the side of the Opposite Party:-

 

Ex.B1

05.11.2021

Copy of letter

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT