IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MADURAI.

PRESENT: THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER F.A.No.24/2012 (F.A.No.117/2010 on the file of State Consumer Disputes Redressal Commission, Chennai)

(Against the order made in C.C.No.86/2008 dated 05.01.2010 on the file of the District Forum, Nagercoil)

WEDNESDAY, THE 09^th DAY OF FEBRUARY 2022 The Manager, “Gold Plus”, Titan Industries Limited, C 101,102, 103, 104, & Post, Tarimpanal Lakshmi Towers, Meenakshipuram, Nagercoil – 629 001. Appellant/Opposite Party -Vs-

S.Augustin, S/o Late Singarayan, St.Mary’s Street, Ramanputhoor, Nagercoil, Kanyakumari District. Respondent/Complainant Counsel for Appellant/Opposite Party : M/s.S.Srinivasa Raghavan, Advocate.

Counsel for Respondent/Complainant : M/s.C.K.M.Appaji, Advocate.

This appeal coming before me for final hearing on 27.12.2021 and on perusing the material records, this Commission made the following:-

ORDER

THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER.

1. This appeal has been filed by the appellant/opposite party under section 15 read with section 17(1) (a) (ii) of the Consumer Protection Act, 1986 against the order of the learned District Forum, Nagercoil made in C.C.No.86/2008, dated

08.01.2010, allowing the complaint.

2. For the sake of convenience and brevity, the parties are referred to here as they stood arrayed in the learned District Consumer Disputes Redresssal Forum, Nagercoil.

3. The opposite party suffering by an order, directing the opposite party to return the excess amount of Rs.16,329.17ps collected from the complainant and also directing the opposite party to pay a sum of Rs.10,000/- as compensation for mental agony and to pay Rs.1000/- as cost to the complainant in the hands of the learned District Consumer Disputes Redressal Forum, Nagercoil (hereinafter in short “District Forum”) have preferred this appeal before this Commission.

4. The case of the complaint is as follows:- On 02.08.2008 the complainant along with his wife went to the Opposite Party’s shop situated at Meenakshipuram to purchase some gold ornaments. At that time the opposite party and his subordinates offered this complainant that their concern doesn’t collect any charges for labour, depreciation and other charges for the jewels purchased from their concern as "AADIPERUKU OFFER". They made this complainant and his wife to believe their representation. On believing their promise, also in good faith this complainant and his wife selected four bangles each weighing 10.680 gms, weighing 10.900 gms weighing 15.870 gms and weighing 15.840 gms respectively. The total weight is 53.290 gms. At the time of sale the opposite party told the complainant that they will give the jewels at the rate of Rs.1172.00/- per gram in addition to the vat tax. The complainant agreed for that and purchased the same from the opposite party. At that time the opposite party prepared a bill for the bangles including the vat tax for a sum of Rs.75.060.00/- (Seventy five thousand and sixty only). On believing the words of the opposite party the complainant paid the total amount by cash of Rs.13,756/- and gold for a sum of Rs.61,304.00/- vide a bill cash memo No.NGK/CM/2162, the opposite party received the same and issued a receipt. Again on 03.08.2008 the complainant along with his wife went to the opposite party’s concern and purchased a Bracelet weighing 20.080 gms at the rate of Rs.1172.00 per gram. The opposite party calculated the rate of the jewel as Rs.28282.00/- including vat tax of Rs.280.02/- and received the same from the complainant vide bill of cash memo No.NGK/CM /2181. Next day on suspicion the complainant and his wife verify the bills and they found that the total weight of jewels purchased is 73.370 gms as per the promised rate of gold the total rate of gold comes to Rs.85,989.54/- and the vat tax calculated by the opposite party in total is Rs.1023.19/-. Thereby totally the complainant has to pay Rs.87,012.83/-, bu