PIL filed against collection of wastage by jewellers dismissed

The Madras High Court today dismissed a PIL seeking to declare collecting of wastage and making-loss from customers by jewellers as illegal.
Dismissing the petition, the first bench comprising Chief Justice S K Kaul and Justice Pushpa Sathyanarayana said "in our view, this is a social discourse. Jewellery is not a matter of essential item. There is no compulsion to buy jewellery. Whether and how necessary parameters are to be provided for the trade is a matter for the government to examine".
M Palanimuthu, an advocate, in his petition contended that non-existent 'wastages' are burdened on consumers who end up paying 30 per cent of the ornaments they buy as wastage' and making-loss.

The bench pointed out that the petitioner had submitted representations to authorities in this regard on November 25 and then moved the court for a directive.
"Interestingly, the petitioner preferred a representation on November 25 and six days later filed the PIL. He had not even given adequate time to the government to respond, if it is so desired. If any trader is publishing misleading advertisements, then the forum for that is different and not through a PIL" the jueges said.
Palanimuthu maintained that gold and silver ornaments were essential items in south India and they served to show love, affection, status and savings for families. "No other commodity, ranging from crude oil to vegetables, would a trader burden the consumer with demurrage, pilferage, transmission loss and perishable charges. Only for gold and silver ornaments, customers are made to pay for so-called wastages and making losses," he said.

The judges said they were not inclined to entertain the PIL and dismissed it at admission stage itself.