A.K.ANNAMALAI J. - (1.) The opposite parties are the appellants.
(2.) The complainant/respondent filed a complaint before the District Forum, against the opposite parties, for the direction of exchange the bangle purchased from the 1st opposite party for 22 caratage instead of 18 caratage supplied, to pay the excess amounts of the difference in the gold rate at the rate of Rs.12/- per gram and to repay the excess amount collected for 0.855 gram of gold as the weight of gold was only 21.105 grms, instead of 22 grams and to pay the difference cost for the gold sold for 18 caratage instead of 22 caratage, and for Rs.50,000/- as compensation for mental agony and deficiency of service and Rs.2,000/- towards costs.
(3.) The complainant in his complaint averred that he had purchased a cold bangle embedded with red stone on 5.10.06 from the opposite party for a sum of Rs.30,500/- under the belief that it was made up of 22 caratage at the rate of Rs.804/- per gram of 22 caratage gold. It was weighing 21.96 grams. In the invoice furnished by the opposite party, there was no details regarding the stones, making charges etc., except the tax and when enquired it is stated that it is sold as piece rate an the certificate issued for the authenticity of the gold without any marking of Halmark and which contains several variations between the bill and the serial of authenticity. Hence the complainant caused a notice for which no reply was given. The bill contained the weight as 21.960 gram and quality of the gold was mentioned as 18 caratage. But in the certificate of authenticity which was mentioned as 21.105 gram and 22 caratage gold was sold for Rs.892/- higher than on the date of sale according to the bullion rate , but opposite party collect Rs.804/- at Rs.12 per gram at the market value. Hence the complainant has filed a complaint against the unfair trade practice claiming compensation as above.;