LAWS(NCD)-2009-3-15

B.S. SHARMA Vs. JEWELLERS MADANLAL CHHAGANLAL

Decided On March 17, 2009
B.S. Sharma Appellant
V/S
Jewellers Madanlal Chhaganlal Respondents

JUDGEMENT

(1.) HEARD the learned Counsel for the respondent and the petitioner in person.

(2.) IN this case, the complainant had purchased a gold ring of 2.52 grams by paying a sum of Rs. 1,247 to M/s. Jewellers Madanlal Chhaganlal on 24.11.2001. At the time of sale, the purity of the gold was mentioned as 23 carats. It is the case of the complainant that he got the ring examined and it was found to be 20 carats instead of 23 carats. Accordingly he filed a complaint before District Forum seeking compensation of Rs. 25,000 and replacement of the ring with 23 carats or its price with interest and Rs. 5,000 as cost of the proceedings. The District Forum did not send the ring for testing to any laboratory. However, on the oral instructions from the District Forum the complainant got the ring test by M/s. Inter -Continental Service Agency Bureau, New Delhi, which on 8.8.2002, found the purity of the ring to be 20.5 carats i.e., 85.5% purity. The District Forum, however, dismissed the complaint. Aggrieved by the order of the District Forum, on behalf of the complainant - Akhil Bhartiya Upbhokta Congress filed an appeal which was also dismissed.

(3.) DISSATISFIED by the order of the State Commission, the petitioner has filed this revision petition before us.