Date of filing : 18.03.2020
Date of Judgment : 31.01.2022
Mr. Ayan Sinha, Hon’ble Member
This is a complaint under Section 12 of C.P. Act, 1986 made by Sri Moloy Mazumdar, son of Sri Khagendra Kumar Mazumder of Garia Station Road, 17, New Park, West Balia, Kolkata – 700 084 against Ajanta Footcare (India) Pvt. Ltd., Gariahat Showroom, 26/4, Hindustan Park, P.S Gariahat, Kolkata- 700 029 (O.P) ,praying for a direction upon the O.P to replace the defective pair of shoes with new one in alternate refund of the price of shoe together with the interest of 18% upto the date of exchange along with compensation of Rs.10,000/- and litigation cost of Rs.5000/-.
FACTS IN BRIEF:
The complainant with a view to purchase a sport shoe went to the showroom of O.P situated at 26/4, Hindustan Park, P.S Gariahat, Kolkata – 700 029 . As stated by the complainant, the O.P is the manufacturer and seller of Ajanta Brand Shoes, Chappols etc. to the public at large since long. The complainant chose to purchase Ajanta Men’s Sports Shoes Article No. SS049 , Black & Red, Size 09 for a consideration of Rs.1250/- after going through the displayed items and also with the opinion of men and agents of the O.P.
Thereafter the complainant after opening the packaged shoe box found the said shoe is defective with inherent defect in stitches and as alleged in the petition that the men and agents of the O.P mischievously put the defective shoes in place of the pair of shoes which was chosen by the complainant. The complainant rushed to the said shop room immediately for replacement and the O.P after acknowledging the said defect in stitches, replaced the defective shoe with the new one with an assurance from the men and agents of the O.P that the product is a long lasting one and will solve any minor problems in future regarding the shoe in future. After wearing for few days, the complainant again noticed tear in the inner part of both the shoes for which he rushed to the O.P again for replacement.
As stated in the petition, the O.Ps neglected, uttered foul languages and refused to replace and exclaimed to repair the minor defects under store supervision and the product will be returned to him shortly.
The complainant visited the shop of the O.P time and again with a hope for replacement of torn shoes but the O.P ignored the same and thereafter he preferred a complaint before Consumer Affairs Department, Govt. Of West Bengal but the said dispute failed to resolve there.
Thus due to suffering of mental pain and agony and deficiency in service on the part of the O.P after sale, the complainant filed this instant petition of complaint.
Notices were served upon the O.Ps. But the O.Ps did not contest this case by filing written version and so the matter was heard exparte against the O.P. vide order dt. 4.3.2021. In order to reiterate his case, complainant by filing petition prayed to treat his complaint petition as affidavit-in-chief. BNA is also filed by the complainant along with original Invoice issued by the O.P related to purchase of the shoes in question.
Main points for determination :
- Whether the complainant is a consumer?
- Whether there is deficiency in providing service on the part of the OP?
- Whether the Complainant is entitled to the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and repetition of facts.
Point (i), (ii) & (iii)
On perusal of the copy of invoice in record and the original submitted by the complainant during argument, it is clear that the complainant had purchased one pair of shoes from the o.p. on 01.12.2018 for a consideration of Rs.1250/- and as such, there is no doubt that the complainant is a consumer.
On further scrutiny of the documents in record, we found that the complainant has already sent an e-mail dt.25.09.2019 to the Customer Care of o.p. stating clearly that stitches of the shoe was not in proper and the same has been replaced by o.p. and it is also mentioned in the said e-mail that again the shoes began to tear for which he approached the o.p. for solution, but the o.p. did not attend and asked him to throw the shoes. The o.p. did not reply to complainant’s e-mail and remained silent. The complainant had also ventilated his grievance in CA & FBP (Consumer Affairs & Fair Business Practices) Govt. of West Bengal. On careful scrutiny of the notes on mediation meeting as issued by the CA & FBP Department, we find that the o.ps. turned up in the tripartite meeting and informed the CA & FBP, Govt of West Bengal that they are ready to offer 20% discount against the complainant’s claim for refund or replacement as because they have already replaced once.
Now the main contention is whether the complainant can suffer after buying a product and o.p. even after replacement, is not doing any favour to the complainant as because if the quality of the shoes is not in proper after spending Rs.1250/- for buying one pair of shoe from his hard earned money. On the contrary, the complainant is being harassed after wearing the shoe for few days, had to run twice to o.p. for replacement and thereafter lodged complaint in CA & FBP and finally knocked the door of this Commission.
Since the allegations remained unchallenged and un-rebutted and considering all the above aspects, we are of the view that if a direction can be given to O.P. to replace the shoes of same model i.e. Ajanta Mens Sports Shoes Article No.SS049, Black & Red, Size 09 without charging any extra cost from the complainant with a direction to the complainant to return the defect shoes to o.ps. at the time of replacement, justice would be served.
The complainant has also prayed for compensation of Rs.10,000/- and litigation cost of Rs.5000/- which in our opinion is exaggerated.
We find this case was filed in March, 2020 and throughout the pandemic situation the complainant had persued and ventilated his grievance against the o.p.
In our view, it would be just proper if a direction can be given to the o.p. to pay a compensation of Rs.3000/- and litigation cost of Rs.2000/- to the complainant for his harassment & frustration caused by the O.P.
Hence,
Ordered
That CC/130/2020 and the same is allowed ex parte against the o.p.
O.p. is directed to Replace the defective pair of shoes to the complainant with a new pair of shoes i.e. Ajanta Mens Sports Shoes Article No.SS049, Black & Red, Size - 09 within 30 days from the date of this order, failing which the o.p. shall refund Rs.1250/- immediately.
O.p. is also directed to pay compensation of Rs.3000/- (Rupees three thousand) only and litigation cost of Rs.2000/- (Rupees two thousand) only to the complainant within the aforesaid period i.e. 30 days from the date of this order.
The complainant is directed to return the defective shoes to the o.p. at the time of Replacement / Refund whichever is applicable earlier.
