MUTHOOT FINCOP LTD. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are seeking to quash Annexure-A1 complaint filed by the Senior Inspector, Legal Metrology, Manjeri against them before the Judicial First Class Magistrate's Court, Manjeri and consequential proceedings in S.T.No.152/2019.

(2.) On 8/11/2018, the Senior Inspector of Legal Metrology conducted a surprise inspection in the premises of Muthoot Fin Corp. Ltd., Manjeri branch. It was found that weight of the ornament pledged by one Smt.Shahida.T. was recorded incorrectly in the pledge card. The ornament was a bangle having a total weight of 8.300 grams. However, the bangle was described in the pledge card as below:-

(3.) According to the Senior Inspector, since the bangle did not contain any stones, pearls or the like ,the gross weight and net weight of the ornament shall be the same. Annexure-A1 complaint was therefore filed alleging contravention of the provisions of Ss. 15 and 30 of the Legal Metrology Act, 2009. It is alleged in the complaint that since the net weight of the ornament was recorded only as 8.000 grams approximately, the firm had the responsibility to return only 8.000 grams to the consumer after the pledge period. In fact, the firm had the responsibility to return 8.300 grams. Also, in case the ornament is lost due to any circumstances, the consumer could claim only the net weight recorded in the pledge card.