Jeweller told to return 32g gold, pay Rs 35,000 after ‘failing’ to deliver man new bangles

Longstanding relations

The complainant stated that he had longstanding family and business relations with the persons running a jewellery shop in Kangra district. According to the complaint, on September 1, 2023, the complainant handed over two old gold kadas weighing 32 grams to the shop to have them melted and converted into a new pair of kadas weighing 40 grams with a modern design.

The complainant stated that the jeweller had promised to deliver the new ornaments within two months but when he subsequently sought either the new ornaments or the return of his original 32 grams of gold, the opposite parties continued to delay the matter before allegedly refusing to return the gold or provide the kadas.

Feeling aggrieved by the events, the complainant moved consumer commission seeking the return of the gold and compensation.

The opposite parties denied the allegations. They explicitly denied any transaction taking place between them and the complainant. They asserted that they never received any gold ornaments from the complainant nor did they issue any estimate or receipt.

The commission, however, held that the evidence established that the complainant had handed over 32 grams of gold (two old gold kadas) to the jewellers for making kadas weighing 40 grams. It said the defence of the opposite parties was contradicted by documentary evidence. “The defence raised by opposite parties nos. 1 and 2 that no such transaction took place falls flat in the face of the documentary evidence specifically, the receipt…produced by the complainant,” the commission noted.

The commission found that the case was not an isolated instance of alleged deficiency in service or unfair trade practice by jewellers. It observed that several similar complaints were either pending or had already been decided against the opposite parties.

Holding the opposite parties guilty of deficiency in service and unfair trade practice, the commission ordered them to return 32 grams of gold to the complainant within 60 days of receiving a copy of the order.

Takeaway

Jewellers cannot retain a customer’s gold indefinitely after accepting it for remaking ornaments. Where the transaction is proved through documentary evidence, the business and those who take over its operations can be held liable to return the gold, along with compensation and litigation costs, for failing to deliver the promised jewellery or return the original material.

Aggrieved consumers may contact the consumer helpline in their respective states (Himachal Pradesh helpline: 1800–180–8087) or call the National Consumer Helpline at 1915 for assistance.

Don’t miss out on these stories

‘Bitten’ by rat while watching movie, Kerala man wins Rs 18,000 from theatre

‘Denied’ boarding over UK visa despite US itinerary, man wins Rs 1.72 lakh from airlines

Wedding ‘called off’, luxury resort ordered to refund Rs 8.5 lakh to bride’s father