Haryana

Ambala

CC/305/2017

Hemant Kumar Joshi - Complainant(s)

Versus

Ess Gee Trendz - Opp.Party(s)

In Person

06 Feb 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 305 of 2017

                                                          Date of Institution         : 31.08.2017

                                                          Date of decision   : 06.02.2018

 

 Hemant Kumar Joshi, Resident-498, Sector-10, Ambala City-134003, Haryana. 

……. Complainant.

Vs.

 

1.       ESS GE TRENDZ (is engaged in the business of selling ADIDAS company products) Address:-NH-1, Shopping Complex, NH-1, Ambala Haryana.

2.       ADIDAS INDIA (is the manufacturer  of ADIDAS sports products)

Address:- Unitech Commercial Tower-II, 5^th Floor, Sector-45, Opp. HSBC Building, Greenwood City, Block-B, Gurgaon-122003, Haryana.

 

          ….….Opposite Party.

 

 

Before:        Sh. D.N. Arora, President.

                   Sh. Pushpender Kumar, Member.

Ms. Anamika Gupta, Member.                           

 

 

Present:       Complainant in person.

                   Ops  already exparte v.o.d. 05.12.2017.

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant  bought two pairs of shoes  from ESS GEE TRENDZ outlet (NH1 Shopping complex, NH1, Ambala) on 16.09.2016 vide bill no.SC3491 with bill amount  of 5430.00 INR. The complainant took both shoe pair with him to Kuwait where he was working on those days. He observed in first two matches itself that both the pair had broken rubber spike, which is sign of bad quality. The complainant also stated that when he got his foot twisted after slipping on playing surface due to these broken spikes as grip to surface was missing. Fortunately, it was not permanent damage but it kept him out from play for three weeks due to pain. From Kuwait itself, he wrote to store team on 24.10.2016 at their e-mail ID mentioned on Bill Adidas.ambala@gmail.com. They agreed for exchange on email and asked him to visit store. The complainant visited store after  Diwali with both shoe pairs and requested  for  replacement  or refund. However, store team rejected for refund  and asked him to take same type of shoe pair, which was of same stock. He also visited them to remove these shoes immediately from shelves and report to Adidas as this can lead to serious injury for someone, but there was no satisfactory response. He requested for replacement with any other Adidas product, but they refused and said they can only replace with shoes. The complainant left both pair of shoes with store team to follow-up this case with Adidas. Store team didn’t agree to follow-up case of his behalf but instead asked him to take this case with Adidas on email ID:care@adidas.com. Adidas immediately agreed for product fault and asked him to visit store to take replacement with any product of same cost. The complainant  communicated  to Adidas team/store  team from beginning that he live in Kuwait and cannot visit  India for 5-6 months  but still Adidas  insisted to get replacement before 31^st Jan.2017 and they cannot  extend  this period in spite of communicating this issue many times. They also refused  to entertain  any refund  request  which can be done without his visiting store. They provided case ID after repeated requests. He further stated that ESS GEE TRENDZ/ADIDAS disapproved claims in spite he tried to follow-up positively within in his capability which includes visiting  store within two months of purchase from foreign location and they failed to give him replacement with any product or refund. Hence, the present complaint.

2.                Registered notice issued to Ops but none have turned up on their behalf and they were proceeded against ex-parte vide order dated 05.12.2017.

3                 To prove his version complainant tendered his affidavit as Annexure C-A along with documents as Annexure C-1 to Annexure C-15 and close his evidence.

4.                We have heard learned counsel for the complainant and carefully gone through the case file. Perusal of the case file reveals that the complainant had purchased  two pair of shoes on 16.09.2016 for amounting of Rs. 5,430/- but the purchase articles became defective in short period which questioned on the quality of the product.  At the time of arguments, the complainant brought the shoes in question before this Forum. The shoes in question was checked which revealed that the rubber studs fitted underneath the sole of the shoes were in broken condition and due to this the shape of the shoes were also in not proper form which shows that it was not fit to wear. Undisputedly, the complainant had brought about this to the knowledge of OPs through various e-mails and correspondence also taken place between them as shown Annexure C-7  to C-13. It is also established on the case file that the complainant was away to aboard after purchasing the product in question from OPs. It is strange that the OPs did not redress the grievance of the complainant despite his requests either to replace the or refund the cost and even they have not bothered to contest the complaint. Since, the OPs were proceeded against as ex-parte, therefore, the contentions put-forth by the complainant remained un-rebutted. 

5.                In view of the above said discussion that it is clear that shoes in question become defective within short period. On the other hand, OPs have not rebutted the version of the complainant and OPs have supplied defective shoes to the complainant. So, the complainant is entitled the relief. Hence, the present complaint is allowed with costs and OPs are directed to comply with the following direction within thirty days receipt of copy of the order:-

1. To  refund the costs of  two pair of  shoes amount of Rs.5430 /- as per Annexure C-1 along with interest at the rate of 9% per annum from the date of complaint till its realization, subject to handing over the old defective two pair of shoes either to the OP No.1 or OP No.2.   
2. Also to pay a sum of Rs. 3,000/- on account of mental harassment & agony alongwith cost of litigation.

Copy of this order be sent to the parties free of costs. File be consigned to the record room.

Announced on :06.02.2018                                                       

 

 

 

  (PUSHPENDER KUMAR)  (ANAMIKA GUPTA)       (D.N. ARORA)

          Member                         Member                                   President