‘Loose lock’ causes loss of new diamond earring, Haryana woman wins Rs 47,000

Raksha Bandhan gift

According to the complainant, she had purchased a pair of diamond and gold earrings for Rs 43,355 from a Tanishq showroom on July 27, 2022. She gifted the earrings to her daughter on Raksha Bandhan, August 11, 2022. It was alleged that the following day, one of the earrings fell off and was lost. On examining the remaining earring, she allegedly found that its lock was loose and did not work properly.

The complainant stated that she had approached the showroom on August 19, 2022. The remaining earring was sent to the manufacturer for inspection but was returned more than a month later with the response that the issue could not be fixed. She alleged that the defective lock caused the loss of one earring and sought compensation.

The opposite parties (company and dealer) denied liability, arguing that the allegation of a manufacturing defect was fabricated and that the earring was lost because of negligent handling by the complainant’s daughter.

Panel checks earring

Rejecting the defence, the commission noted that during the hearing, the complainant requested the members to examine the remaining earring. The two women members of the commission physically checked the earring and found that its lock was “considerably loose”, making it likely to open during use. The commission held that this established that the earring was lost because of a manufacturing defect in the locking mechanism.

“Both the Lady Members of this Commission checked the remaining earning and found that it’s lock was considerably loose, which in all probability, could have resulted in the opening of the lock, it being not tight upto the mark, which, in turn, again, establishes the case of the complainant without any shadow of doubt to the effect that the subject earring had got lost on account of the manufacturing defect in the lock,” the order read.

The commission held the jewellery company and its authorised dealer guilty of deficiency in service and allowed the complaint with relief to the complainant. The commission directed the parties to make the payment within 45 days and clarified that the complainant shall also be entitled to file an execution petition if the order is not complied with.

Takeaway

The ruling emphasises that manufacturers and sellers are responsible for ensuring the quality and safety of their products, and cannot escape liability for defects that cause consumers financial loss.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Haryana: 1800-180-2087) or dial the National Consumer Helpline at 1915 for assistance.