MANAGER TREASURY MAIN BRANCH Vs. N.BALU

JUDGEMENT

(1.) This appeal is preferred by the opposite parties in CC.638/09 before the CDRF, Ernakulam who are aggrieved by the directions to refund Rs.26,160/- with interest at 9% per annum from the date of transaction till realization.

(2.) The complainant has approached the Forum stating that he has purchased 15 pieces of 8 gm. bullion gold (120 gms.) from the second opposite party on 13.2.09 by their invoice No.139 and that the price was Rs.1,451/- per gm. on that day. It is the case of the complainant that the second opposite party collected Rs.1,669/- per gm which was Rs.218/- more per gram on the date of purchase. The complainant has alleged that the opposite parties had committed deficiency in service and also unfair trade practice whereby the complainant had lost Rs.26,160/-. In the complaint it was prayed that the amount of Rs.26,160/- collected excessively by the second opposite party be directed to be returned with 15% interest from 13.2.09 till realization with compensation of Rs.5000/- and costs.

(3.) The opposite parties resisted the matter by filing version wherein the allegations of the complainant were denied. It was stated that the gold coins were imported from Switzerlandby paying statutory charges and that the price fixed was intimated to the complainant before hand and it was knowing the price that the complainant had purchased the gold from the second opposite party. The opposite parties have a further case that they had clearly stated in the invoice that the price of the gold was 1,669/- per gm. The opposite parties submitted that after having agreed, accepted and purchased the gold, it was unfair and unjust on the part of the complainant to approach the Forum with unclean hands.