The ) has set aside the 's order dismissing two consumer complaints against the , remanding the cases for fresh decision after an independent report confirmed the zari in the disputed silk sarees contained silver far below the prescribed minimum.
A bench of Justice A. P. Sahi, President, and Bharat Kumar Pandya, Member, directed the to take the , Kolkata report on record and decide First Appeal Nos. 437 and 438 of 2012 afresh, with the parties appearing on .
The complaints arose from the purchase of two silk sarees by M. N. Ranjini and M. R. Nagendran for ₹21,661 and ₹15,105 respectively after rebate. The complainants, who claimed to be members of the society, alleged that the zari — the silver-based gold thread in the brocade — had a low silver content, which they discovered after testing the sarees at a centre in Salem. After a legal notice on , they filed complaints alleging .
The , allowed the complaints on , holding that the society had not followed government norms and had used substandard material. It ordered refund of the price on return of the sarees, ₹15,000 for , ₹5,000 as travel expenses and ₹1,500 as litigation costs to each complainant.
The reversed those orders on , holding that the complainants had failed to establish any and that the exhibits did not confirm the tested zari came from the sarees purchased from the society. It also held that the had not followed the procedure for under .
A four-year wait for a test report
On , the directed the Registrar of the to send both sarees for testing to , a Government of India undertaking at Kancheepuram. The laboratory, however, was not accredited by the , and on , the Commission directed that the sarees be sent instead to the , Kolkata.
The report took more than three years to arrive. Although the
said the certificate had been dispatched on
, the Commission recorded that it was never received. It was only through a letter dated
, with
of the certificate, that the report finally reached the Commission. The Commission had observed in
that the matter was
"unnecessarily consuming the time of this Commission for the past several years."
Silver at 38-42% against a minimum of 60-75%
The certificate dated recorded silver content of 38.12% and 41.82% in the two sarees, and gold content of 0.46% in each. The Commission noted that the applicable specifications require minimum silver content of 75% for a Grade-1 saree and 60% for a Grade-2 saree, with minimum gold of 0.5% and 0.25% respectively.
The petitioners argued that the report confirmed the silver content was far below the standards. The Commission had earlier recorded that
"the content of silver is definitely far below the standards as indicated above,"
even while noting that the gold content of 0.46% was about the 0.5% required for a Grade-1 saree.
Sample identity objection rejected
The society contended there was no evidence that the sarees sent for testing were the same sarees purchased by the complainants, questioning the invoice numbers. The rejected the challenge, noting the sarees had been sent for testing on its directions and under the supervision of the , in whose custody they had remained.
"The contention raised on behalf of the Respondent to the report on the ground that the same saree had not been sent is not substantiated by any relevant material except for
made by the Respondent,"
the bench observed.
The Commission clarified that it could not, in , undertake a fresh appreciation of . Its intervention addressed the when the discarded the 's appreciation without getting any test conducted at its level, despite the procedure under .
"We therefore find that this evidence deserves to be considered by the
for appreciation in the light of the contentions raised by the parties as also the contents of the test reports that had been relied upon by the
,"
the bench said.
Appeals restored for
Allowing both , the Commission set aside the 's order and restored the appeals. The office was directed to dispatch the report to the after retaining a photocopy on record.
"We accordingly set aside the Order of the
dated
for consideration of the matter afresh by the
in the light of the report of the
and the objection taken to it by the Respondents,"
the bench ordered.
The is at liberty to decide the matter as expeditiously as possible, with both parties directed to appear before it on .