AKHIL BHARTIYA UPBHOKTA CONGRESS Vs. AGGARWAL JEWELLERS

JUDGEMENT

(1.) The question in this petition is : whether the consumers/purchasers of ornaments of precious metal (gold) should be left at the mercy of the traders who according to Bureau of Indian Standard's (BIS) report, sell 90% of articles which are not in conformity with the purity declared in the bills/cash memos? This is stated on affidavit filed on behalf of the BIS. Imagine the situation where the cash memos do not mention anything about purity!

(2.) The amount involved in the dispute is very small, but the matter raises a vital question with regard to purity of ornaments of a precious metal (gold). Petitioner-Akhil Bhartiya Upbhokta Congress, a Registered Consumer Organization (Madhya Pradesh), has raised important questions with regard to the right of consumers in regard to sale and purchase of gold ornaments. It is contended that under Consumer Protection Act, 1986, consumers have, (i) the right to be informed about he quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practice; (ii) the right to be heard and to be assured that consumers interests will receive due consideration at appropriate Forums; and (iii) the right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers.

(3.) It is contended that unless there is a proper trade direction to declare the purity/quality of the ornaments, illiterate or literate consumers are bound to be exploited and there is large scale exploitation in such trade/business. Business in precious metal is increasing day by day and the consumers are exploited to the fullest extent.