The complainant said he purchased a silver “lucky stone” locket worth Rs 1.16 lakh from Adrustar Jewels Gold and Lucky Diamonds, believing their claims. He alleged that after wearing the locket in December 2023 as per the jeweller’s instructions, he fell ill for a month, lost his entire real estate business, became incredibly unpopular, lost money and faced stress.

He claimed that after removing the locket in March 2024, his condition returned to normal. Alleging that Adruster Jewels had made false claims and amounted to deficiency in service, he sent a legal notice to them for a refund. As the business did not respond, he filed a complaint.

‘Pujas, mantras performed’

Adrust Jewels submitted that a suitable gemstone locket is selected based on each customer’s individual horoscope and gemmology. It added that while providing the gem and locket, information was provided to the complainant regarding the make and effect as per astrology, etc, but no guarantee or assurance was given as to the results of wearing such a locket.

The firm argued that they cannot be held responsible for every unfortunate event in the complainant’s life. It submitted that certain pujas and mantras were performed before the silver lucky stone locket was handed over to the complainant with his wilful consent, while at the same time, they had advised him to work hard and carry on his business with the utmost caution, proper skills and knowledge.

Refund, Rs 10 lakh penalty

The commission held that once the firm sold the silver ‘lucky locket’ to the complainant, it stepped into the shoes of the seller. Therefore, it is answerable and accountable towards unfair trade practices, misleading advertisements and defects, if any, in the product sold to consumers.

It noted that the jeweller’s terms and conditions were printed in extremely small letters, making it difficult for consumers to read them with the naked eye. It observed that the customers were not clearly informed about the terms and conditions for them to make an informed decision before making a purchase.

The commission held that such conduct amounted to an unfair trade practice and directed the jewellers to refund the amount paid for the locket. It added that luring customers on the pretext of Hindu religious practices for sales promotion was unauthorised.

The forum emphasised that innocent citizens are trapped in the hands of a few lucrative business entities, and the sellers encash their weaknesses and affinity to customs, traditions and worship patterns under the garb of invoking blessings.

The sale of “lucky stones” is aimed at attracting customers through claims that such products can enhance lifestyle, business, marriage, job prospects, and other aspects of life, the commission observed, and said such businesses are seen across e-commerce entities. It is therefore imperative to award punitive damages in this case to curb the menace.

The commission allowed the complaint and directed the jeweller to refund 1.16 lakh for the silver “lucky locket”. It also ordered them to pay Rs 51,000 as compensation, Rs 10,000 towards cost and Rs 10 lakh as punitive charges. It held that the order should be complied with from the date of this order, failure to which the amount excluding the punitive charges will carry 9 per cent per annum interest from the date of default to dat eod realisation.

Consumer takeaway

The ruling highlights that once a business has sold a product to the consumer, the party becomes the seller and is answerable and accountable towards unfair trade practices, misleading advertisements and defects, if any, in the product.

For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Andhra Pradesh helpline: 0866-2551431) or call the National Consumer Helpline at 1915 for assistance.