PREM PRAKASH PANIGRAHI Vs. BANKA JEWELLERS

JUDGEMENT

(1.) -c. D. Appeal No.548 of 2001 is by the complainant for higher compensation and C. D. Appeal No.556 of 2001 is by the trader dealing in sale of gold ornaments, against the order of the District Forum, Sambalpur, directing the trader to discoutinue the practice of issuing ROUGH Estimate on sale of ornament instead a regular receipt, delete the arbitrary and unfair terms and conditions for deduction of certain amount at the time of exchange of the old ornaments and to issue guarantee card indicating the detailed break-up for information of the customer in an unambiguous manner, and also to pay Rs.1,000/- to the complainant towards litigation expenses.

(2.) Complainant's case in brief is, he purchased one pair of Latkan for his wife Sujata Mishra from the shop of the opposite party-Jeweller on 9.1.2000. The weight of the gold ornament was 3.080 grams and an estimate was issued by the jeweller showing receipt of Rs.1,520/- towards its cost. The allegation of the complainant is that the jeweller issued only an estimate instead of issuing a cash memo mentioning the detailed break-up of the charges paid for information of the customer. In the foot-note it has mentioned that the gold ornament was of 20/22 carat purity. According to the complainant, this has made the offer vague and ambiguous and brings out instance of unfair trade practice.

(3.) The further allegation of the complainant is that on the back side of receipt issued by the jeweller the following terms and conditions were printed: "terms of Business: 1. Goods once sold cannot be returned. However they can be exchanged (provided they are not used) within a week from the date of purchase.2. While purchasing our (S. B.) old gold ornaments the following deductions will be made: 1. Making charges.2. Sales Tax.3. Stones, Pearls, Beeds if any.4. Soldering 100 mg. per gram.5. Ten rupees per gram on the prevailing market rate if cash returned. "