SRI.R. VIJAYAKUMAR, MEMBER.

            The complaint is filed for replacement of defective shoe with brand new one of the  same make or refund of full price amount Rs.1999/- with interest @ 12% per annum and for getting compensation Rs.10,000/- and cost.

          The averments in the complaint can be briefly summarized as follows:

          On 3.4. 2008 the complainant purchased a pair of Bata  shoe from the 2^nd opp.party manufactured by the 1^st opp.party worth Rs.1999/-  The 2^nd opp.party assured that the shoe will be  replaced with a new one if damages were happened within 75 days .  The complainant used the shoe with proper care and caution .  On 29.5.2008  the complainant  noticed an irreparable crack in the left show and the sole was ruptured.  Complainant contacted the 2^nd opp.party and demanded replacement.   But the 2^nd opp.party neglected his demand and offered 25% compensation.   The complainant was not amenable to the offer.  In that circumstance the 2^nd opp.party assured that they will contact to the 1^st opp.party and the shoe will be replaced within one week he put an initial upon the Bill.   The complainant continuously contacted the 2^nd opp.party for 3 months.  But  the 2^nd opp.party failed to take necessary steps.  Opp.parties were jointly and severally liable for the deficiency in service

The unfair trade practice and deficiency in service on  the part of opp.parties caused  mental agony and monitary loss to the complainant.

The complainant sent a legal notice  and it was received by opp.parties.  2^nd opp.party sent an imcompleate reply notice.   But both the opp.parties failed to replace the shoe or to repay the full amount.

          Even though sufficient opportunities were given to the opp.parties they were failed to file version or to adduce any evidence.

          The complainant filed affidavit.  PW.1 was examined.   Exts.P1 to P5 were marked.

          We have perused the documents produced by the complainant.   Exts. P1 to P5  shows that this is a clear case of unfair trade practice and there is deficiency in service on the part of opp.parties.  The point found accordingly.

Hence the complaint is allowed.   The 2^nd opp.party is directed to repay the full price amount for the  pair of shoe Rs.1999/- .  The 2^nd opp. Party  is further directed to pay compensation Rs.1750/- for the mental agony suffered by the complainant and Rs.1500/- as cost.  The order is to be complied with within one month of the date of receipt of this order.

Dated this the   31st        day of March, 2009.

I N D E X

List of witnesses for the complainant

PW.1. – Unnikrishnan

List of documents for the complainant

P1. – Bill dated 3.4.08.

P2. – Advocate notice

P3. – receipts

P4. – Acknowledgement

P5. – Reply notice