O R D E R
SUBHASH GUPTA, MEMBER
The complainant has filed the present complaint under section 12 of Consumer Protection Act, 1986 hereinafter to be referred as the ‘Act’ against the Opposite Party, hereinafter to be called as OP. The facts as alleged in the complaint are that the complainant purchased 2 pairs of ladies shoes and 1 pair of ladies chappal from the OP vide bill no.2271 dated 10.5.2015 for total consideration of Rs.1000/- for use of his daughter. It has been pleaded that at the time of purchase of above said shoes the OP has assured the complainant about the quality and durability of the shoes. It is alleged on the very next date i.e. 11.5.2015, the daughter of the complainant wearing one pair of shoes went to her college and the shoes ripped off due to manufacturing defect and she faced lot of embarrassment and has to purchase another pair of shoes form the local market at a very high cost. It is alleged that the complaint was made to the OP but it refused to replace the defective shoes despite the undertaking given by him at the time of sale of the shoes. Consequently, legal notice dated 21.5.2014 was served on OP but despite that the grievance was not redressed. In view of above, the complainant has filed the present complaint claiming refund of Rs.1,000/- along with interest @ 24% and compensation of Rs.10,000/- towards mental pain, agony and harassment. The complainant is also seeking an amount of Rs.11,000/- as cost of notice and litigation etc.
2. Notice of the complaint was issued to the OP which despite service did not appear and accordingly vide order dated 1.12.2015 was proceeded ex-parte. The complainant has filed its evidence by way of affidavit testifying the averments made in the complaint. The complainant has also filed cash memo as well as copy of legal notice sent to the OP along with postal receipt. Postal receipt proves that the notice was sent to the OP.
3. We have gone through the copy of the complaint as well as the documents placed on the file. The cash memo shows that 2 items at Rs.350/- each and the 1 item at Rs.300/- for a total sum of Rs.1,000/- was sold in cash. The complainant submitted that he purchased two pair of ladies shoes and 1 chappal, therefore, it is apparent that the cost of one shoe in dispute as per the cash memo is Rs.350/- only. The complainant is silent about the remaining two footwear as to whether they were also defected or otherwise. As the complaint and the statement on affidavit by the complainant has not been controverted by the OP, therefore, we have no reason to disbelieve the same. However, we find that the complainant wore only one pair of shoes which broke down, therefore, the complainant is entitled to be compensated for one pair of shoe only. OP is accordingly directed to pay a sum of Rs.350/- to the complainant. We also award a sum of Rs.1500/- to the complainant as compensation for mental agony and inconvenience which will also include cost of litigation. Ordered accordingly.
Copy of the order be sent to the parties as per rules.
Announced on this 18th day of May, 2016.
(K.S. MOHI) (SUBHASH GUPTA) (SHAHINA)
President Member Member
