Man ‘waits 2 years’ for new gold bangles; wins back 32 grams, Rs 35,000 compensation

“The retention of the complainant’s gold without delivering the promised ornaments or returning the raw material amounts to a gross deficiency in service and unfair trade practice,” the commission held on August 3, directing the opposite parties to return the 32 grams of gold.

The dispute dates back to September 1, 2023, when Raj Kumar handed over two old gold kadas weighing 32 grams to the jewellery shop to melt them and make a new pair weighing 40 grams. The order records that the promised delivery was to be made within two months, but the complainant said the matter remained unresolved until September 2025.

Old gold, new kadas

According to the complaint, Raj Kumar had long-standing family and business relations with the late Sanjay Kapoor, who ran M/s Kapoor Jewellers at Paprola. On September 1, 2023, the complainant handed over two old gold kadas weighing 32 grams to the shop. He wanted the gold melted and used to manufacture a new set of kadas weighing 40 grams with a modern design.

The jeweller allegedly promised to deliver the new kadas within two months. However, according to the complainant, repeated visits did not result in delivery, with the work allegedly being delayed on various pretexts.

Sanjay died in 2024. The order records that his son Mohit Kapoor and widow Meena Kumari then took over the business, while Sanjay’s brother Om Parkash was also made a party to the complaint.

The complainant said he subsequently approached the opposite parties seeking either the new ornaments or the return of his original 32 grams of gold. According to his complaint, the matter continued to be delayed and the opposite parties ultimately refused on September 29, 2025, to return the gold or provide the new kadas.

Jeweller denies receiving gold

Mohit and Meena contested the complaint and denied that any transaction had taken place between them and Raj Kumar. They said they had neither received any gold ornaments from him nor issued an estimate or receipt.

They further contended that if any transaction had taken place, it was personal to Om Parkash. Om Parkash also denied involvement with Kapoor Jewellers. He told the Commission that he had been employed with the Himachal Khadi Mandal at Banjar, Kullu, since 1993 and had no connection with his deceased brother’s jewellery business.

Parkash alleged that the complainant had concocted a false story to obtain gold and money. Raj Kumar denied the allegations and reiterated his case. Both sides subsequently produced evidence before the commission.

Customer produces receipt

After examining the evidence and hearing the parties, the commission found that Raj Kumar had handed over 32 grams of gold to M/s Kapoor Jewellers on September 1, 2023, for making 40-gram kadas. The commission referred to the receipt produced by the complainant and said that in view of the documentary evidence, the defence of Mohit and Meena “falls flat”.

It further held that, as Sanjay’s legal heirs who had taken over the business operations, Mohit and Meena could not escape liability. The commission also rejected Om Parkash’s defence that his employment elsewhere absolved him from liability. It held that this did not absolve him from the collective liability of the family-run business. It also noted the complainant’s attempts to contact the opposite parties and their failure to respond.

The commission said the case was not an isolated instance of unfair trade practice or deficiency in service by Kapoor Jewellers and noted that other similar complaints against it were either pending or had been disposed of.

It directed all the opposite parties, jointly and severally, to return the 32 grams of gold within 60 days from the date of receipt of a copy of the order. They were also directed to pay Rs 25,000 as compensation and Rs 10,000 towards litigation costs.

Takeaway

When handing over gold to a jeweller for remaking or making new ornaments, consumers should insist on a receipt clearly recording the weight and details of the transaction and preserve all follow-up communications.

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

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