Smt. SAHANA AHMED BASU, Member,
The case of the complainant in brief, is that , the complainant bought one shoe from the OP1 on 11/12/2018 by paying an amount of Rs.3,499/- and within 3/4 months the said shoe tear off from its sole and the sticker inside it also started tear off from the inside skin. Thereafter, the complainant communicated with the OP1 and he was advised to communicate to the customer Service Manageri.e. OP2. The complainant communicated with the OP2 through e-mail and on 05/08/2019 the OP2 replied that the defected shoe would not be replaced as it had crossed 90 days as per their policy. Again on 06/08/2019 the complainant sent an e-mail to the OP2 demanding the replacement of defective pair of shoes. But OPs did not pay any heed. Therefore, the complainant have no other option but to file the case before this Ld. Commission to get relief/ reliefs.
The OP No.1 contested the case by filing written version denying and disputing all the allegations made out in the petition of complaint stating inter alia, that as per the terms and conditions as stipulated on the cash memo, exchange of any merchandise bought from Bata Shoe Store or otherwise within 15 days from the original date of purchaseis guaranteed, provided that the Article(s) being returned for exchange is unused, clean and in their original state and packaging. Pursuant to the terms and conditions of the said policy there is NO warranty / guarantee / exchange for articles purchased on Discount or during Sale period. A Customer Care Department has been established by the OPs for redressal of grievances of customers andcustomers can approach the said department of the OPs within stipulated time for redressal of their grievances, having failed to do so , the complaint on this account is not maintainable and liable to be dismissed. It is further stated by the OPs that the complainant has not produced /annexed the cash memo/bill/invoice with the complaint petition which substantiate his purchase of article/shoe in question. Even otherwise the Ops provide 100% replacement for major manufacturing defects if the concerned product is brought to their within 90 days from the date of invoice. There is no manufacturing defect in the said shoe, however the same got tear off due to reckless usage by the complainant and 100% replacement warranty of 90 days from the date of invoice was also expired as such the claim of the complainant is time barred as per consumer policy of OPs. Therefore the complaint petition filed by the complainant is liable to be rejected.
In support of their contention both the parties have tendered evidence supported by an affidavit and also relied upon documents annexed with their petitions. We have heard argument on merit and have also perused the record.
Admittedly, the Complainant purchasedone pair of shoes from the OPs which worth of Rs.3499/- and within a few months the said shoe was damaged. It is also admitted that the complainant failed to furnish the invoice/bill/ cash memo of the said Shoe in dispute. There is also no doubt that the complainant lodged his complaint to the OPs after expiry of stipulated period of exchange /claim as per consumer policy of the OPs. In the EXCHANGE POLICYof the OPs it is mentioned that:
In case you are not satisfied with your purchase, you can exchange any merchandise bought from Bata Shoe Stores within 15 days from the original date of purchase, provided that the article(s) being returned for exchange is unused, clean, and in their original state and packaging.
The CLAIM POLICY of the OPs states that:
We provide 100% replacement for major manufacturing defects, if the concerned product is brought to our store within 60 days from the date of purchase.
In this regard Ops submitted that there is no manufacturing defect in the said shoe as the OPs manufactured their products with utmost care and stringent quality control is always maintained and shoe in question got tear off due to reckless usage by the complainant. But this submission appears as hypothetical to us and as such has no leg to stand.
On the other hand the complainant submitted that the said shoe was damaged after 3/4 months from the date of purchase. Therefore as per the Claim Policy of the OPs the stipulated period was already over. In this matter we can refer the submission of the OPs made in the WV wherein OPs stated that;
However, without prejudice to our rights and contentions and in order to avoid the unnecessary, frivolous and forced litigation, the OP is still willing to replace the shoe in question or refund the full costs of the said shoe(s) to the complainant I.e. Rs.3499/- (Rupees Three Thousand Four Hundred Ninety Nine Only) to maintain good consumer relations and harmony.
In view of the above discussion we are of the opinion that the complainant used the said shoe in question for 3/4 months, moreover he failed to furnish the invoice/bill/cash memo of the said shoe. As such he may not be entitled to get the replacement or refund. But as a reputed International Company OPs can show a humble gesture to the complainant by paying half of the price of the said shoe to “maintain good consumer relations and harmony” as submitted by them.
Thus, we are inclined to hold that the complainant is entitled to get relief in part for ends of justice.
Based on the above discussion we disposed of the complaint case in the following terms:
- OPs are jointly and severally directed to pay an amount of Rs.1750/- to the complainant within 30 days from the date of this order.
