DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi
CONVENIENT SHOPPING CENTRE, 1st FLOOR, SAINI ENCLAVE, DELHI 110092
Consumer complaint no. - 1067/2014
Date of Institution – 12/12/2014
Date of Order - 08/08/2016
In matter of
Yugank Agarwal, adult
S/o- Sh U K Agarwal
HN-S- 486, School Block
Shakarpur, Delhi-110092….…………………..………..…………….Complainant
Vs
Mr Amir Sheikh
Prop. –m/s BIGG Shoes
R-210, St. no.- 10
Ramesh Park, Laxmi Nagar, Delhi 110092 …………………….Respondent
Complainant’s Adv.- UK Agarwal & Jitendra Kumar
Opponent -Ex -Parte
Corum- Sh Sukhdev Singh- President
Dr P N Tiwari - Member
Mrs Harpreet Kaur- Member
Order by Dr P N Tiwari, Member
Brief Facts of the case
The complainant purchased new shoes from OP for Rs 750/- vide cash memo no.- 9729 on 29/09/2014. Complainant was given free replacement of shoes in one year warranty by OP.
Complainant observed that shoes had original sticker of Rs 325/- and super scribed as “Made in China” where as complainant was told as shoes were made at Bangkok, Thailand. Complainant went to the OP shop and told about charging of high price then printed on shoes. He asked for refund of over charged or return shoes. OP refused to obliged complainant.
Complainant alleged unfair trade practice by OP. So he sent legal notice to OP on 04/10/2014, but getting reply of legal notice, decided to file this complaint. He claimed for refund of excess of amount charged along with compensation of Rs 50,000/- for harassment and Rs 20,000/-as litigation charge.
After scrutinizing complaint, notice was served. OP did not put his appearance or submitted written statement. Even on next dates of hearing, OP did not appear. Taking congnigence of tracking report of Indian post, case preceded Ex-Parte.
Complainant filed his Ex-Parte evidences of affidavit. Argument heard and order reserved. Taking merit of evidences on record, it is clear that OP had done unfair trade practice by putting new sticker over old existing sticker and charged excess amount from complainant. OP did not return the excess amount taken nor gave warranty on shoes.
This clearly establishes unfair trade practice and deficiency in services.
We allow this complaint and pass the following order as -
Opponent is directed to refund the excess cost charged with 9% interest from the date of filing of this complaint till realization.
We also award compensation and litigation charges to sum of Rs 1000/- for mental agony, pain and harassment caused to complainant due to unfair trade practice of OP. This amount will be paid within 30 days from the receiving of order.
The copy of this order be sent to the parties as per rules and file be consigned to the record room.
(Dr) P N Tiwari - Member Mrs -Harpreet Kaur- Member
Shri Sukhdev Singh - President
