THE CONSUMER DISPUTES REDRESSAL FORUM, KOZHIKODE.
C.C.243/2017
Dated this the 15th day of February, 2018
(Smt. Rose Jose, B.Sc, LLB. : President)
Smt.Beena Joseph, M.A : Member
Sri. Joseph Mathew, M.A., L.L.B. : Member
ORDER
Present: Rose Jose, President:
This petition is filed by the petitioner under Section 12 of Consumer Protection Act, 1986 for getting an order directing the opposite partiers either to replace or refund the amount of his shoes and Rs.5,000/- as compensation for his mental agony and other inconvenience and also Rs.2,500/- as cost of the proceedings.
The case of the petitioner is that, he had purchased a pair of shoes from the opposite party shop on 07/03/2017 for Rs.2,695/-. But within days of its use its leather teard and broken and the shoes became useless. So he returned the shoes back to the opposite party shop on 29/05/2017 and demanded replacement of the same with a pair of defect free one. The opposite party told him to come after one month. When he approached the opposite party after one month he returned the same shoes after some repair works. When he hesitated to receive the same and demanded replacement, the opposite party was not ready for that and he behaved very rudely and insulted him at his shop. So he left the shop leaving the shoes there. Thereafter though he had approached the opposite party many times but no use. The petitioner stated that the shoes sold by the opposite party to him was defective and inferior in quality. Even after repeated requests the opposite party was not willing to replace the shoes or to repay its purchase price. The sale of inferior quality products for such a high price is unfair trade practice and the indifferent attitude of the opposite party in replacing the shoes amounts to deficiency in service also. The said act of the opposite party caused much mental pain, financial loss and other inconvenience to him. Hence this petition seeking relief.
The opposite party appeared and expressed his willingness to settle the matter. So the case is posted for settlement. But the opposite party didn’t settle the matter as stated or filed any version. Thereafter he was continuously absent and hence the opposite party set ex-parte.
The petitioner filed affidavit in lieu of his petition and produced the copy of the invoice dated 07/03/2017 for Rs.2,695/- to prove the purchase of the said shoes and the copy of repairing slip No. 8796 dated nil issued by the opposite party to prove that he had returned the shoes to the opposite party. These documents are marked as Ext. A1 and A2 as evidence on the part of the petitioner.
The opposite party didn’t file any version or adduced any evidence challenging the averments of the petitioner or to rebut the veracity of the documents produced and marked by the petitioner. Hence the case of the petitioner stands unchallenged and proved. Considering the facts stated and evidence on record we are also of the view that the said act of the opposite party is unfair trade practice and also deficiency in service on his part.
In the result the following order is passed.
The opposite party is ordered to repay Rs.2,695/- (Rupees two thousand six hundred ninety five only) and Rs.1,000/- (Rupees one thousand only) as compensation for the mental pain and other inconvenience suffered by the petitioner and Rs.500/- (Rupees five hundred only) as cost of the proceedings within 15 days from the date of receipt of this order. Failing which the whole amount will carry 12% interest p.a. from the date of default till payment.
Dated this the 15th day of February, 2018
Date of filing: 01/07/2017
SD/-MEMBER SD/-PRESIDENT SD/-MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Copy of retail invoice issued by the opposite party
A2. Copy of repairing slip
Documents exhibited for the opposite party:
Nil
Witness examined for the complainant:
None
Witness examined for the opposite party:
None
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
