A consumer forum in Haryana has held Tanishq and its authorised dealer liable for deficiency in service after finding that a manufacturing defect in the locking mechanism of a gold and diamond earring caused one of the earrings to fall off and get lost.
The Gurgaon District Consumer Disputes Redressal Commission directed Tanishq-Titan Company Ltd and its authorised dealer to jointly pay Rs 47,500 to the complainant. The amount includes Rs 21,500 towards the value of the lost earring, Rs 15,000 as compensation for mental harassment and Rs 11,000 towards litigation expenses. The parties have been directed to comply with the order within 45 days.
Commission Finds Manufacturing Defect
The order, passed on July 16 by Commission President Sanjeev Jindal along with members Jyoti Siwach and Khushwinder Kaur, concluded that the jewellery company and its dealer had failed to provide proper service to the customer.
During the proceedings, the complainant requested the commission to inspect the remaining earring. The two women members of the commission physically examined it and found that the lock was significantly loose and could easily open while being worn. Based on this inspection, the commission concluded that the locking mechanism suffered from a manufacturing defect, which led to the loss of the matching earring.
Customer Claimed Earring Was Lost A Day After Gift
According to the complaint, a pair of gold and diamond earrings worth Rs 43,355 was purchased from a Tanishq showroom on July 27, 2022. The complainant gifted the jewellery to her daughter on Raksha Bandhan, celebrated on August 11, 2022.
The complaint stated that the following day, one of the earrings fell off and could not be recovered. After inspecting the remaining earring, the complainant allegedly noticed that its lock was loose and not functioning properly.
She approached the showroom on August 19, 2022. The remaining earring was sent to the manufacturer for inspection and was returned more than a month later with the response that the defect could not be rectified. The complainant then sought compensation, alleging that the faulty lock had caused the loss.
Company Blamed Negligent Handling
Tanishq and its authorised dealer denied that the jewellery had any manufacturing defect. They contended that the allegation had been fabricated and argued that the earring was lost due to negligent handling by the complainant’s daughter.
The commission rejected this defence after examining the remaining earring and held that the loose locking mechanism supported the complainant’s version of events.
Relief Granted To Complainant
Allowing the complaint, the commission held both the jewellery company and its authorised dealer guilty of deficiency in service. It also clarified that if the payment is not made within the stipulated 45-day period, the complainant would be entitled to initiate execution proceedings to enforce the order.
