THIRUVANANTHAPURAM: The State Consumer Disputes Redressal Commission (SCDRC) has directed a jeweller to refund the price of a defective ornament at its current market price. The petitioner, a female nurse hailing from Alappuzha, was awarded a compensation of Rs 15,000 as well.
The woman purchased gold anklets weighing 15.820g from a jewellery shop in Alappuzha. After six months of use, tiny gold particles on the anklets broke off, she said. The jeweller rejected her demand for a replacement and repaired it instead. A promise was made that it would be replaced if the problem recurred. However, when the problem repeated, the jeweller neither replaced nor repaired it, she complained.
When the case came up before the Alappuzha District Consumer Disputes Redressal Commission, the jeweller alleged that the damage could be due to her profession. As a nurse, she had to handle or make contact with chemicals and medicines and hence there was a greater chance of the durability of the gold getting affected. Another chance was wear and tear, the jeweller argued.
The district commission, however, ruled in the woman’s favour. It directed her to return the ornament and asked the jeweller to refund the bill amount of Rs 53,880, pay Rs 5,000 as compensation, and Rs 2,000 as costs. Aggrieved by the inadequacy of the amount, the woman approached the state commission.
The case was heard by an SCDRC bench comprising its president Justice B Sudheendra Kumar, judicial member Ajith Kumar D, and member Radhakrishnan K R.
The bench observed that the market value of gold on the date of purchase or the date of complaint or even the date of order would be much less than the market rate on the actual day of refund. “Since the material involved in this case is gold, the complainant is entitled to get the amount as on the date of making payment,” it said.
The SCDRC also enhanced the compensation and costs awarded by the district commission. The jeweller was directed to pay the market value of 15.820g of gold as on the date of refund, in lieu of the return of the ornament. Also, Rs 15,000 should be given as compensation and Rs 5,000 as costs, the state commission ordered.