SRI G.K. RATH, HON’BLE PRESIDENT …                      The complaint in brief is that, the above complainant had purchased one pair of shoe vide its Article No.851- 6545 on dated 18.06.2016 from OP.1 by paying Rs.1299/-. Later use of just fifteen days the shoe reported defective and became unusable. So the complainant approached the OP.No.1 to replace the same but he refused to replace the shoe pair with a new one. Further the complainant approached the OP.s customer care No. i.e. 18004192282 but for no result thereof. So the complainant approached the other opposite parties through phone and requested to replace the same but for no action. Hence the counsel for complainant contends that, the said shoe pair is an inherent defective substandard product which purchased by the complainant with a good price, hence the action of OP.s amounts to deficiency in service. So, the complainant craves the leave of this forum seeking for justice. For such illegal action of OP.s, the complainant inflicted great humility, financial hardship and mental agony, hence prayed before the forum to direct the OP.s to pay the price of the said product and a sum of Rs.50,000/- as compensation and a sum of Rs.5000/- as litigation cost.

2.         The counsel for complainant has filed copy of evidences. On the other hand it is seen that the O.P.s neither appeared nor file any counter in spite of several chances allowed in it’s admission. Hence they set ex parte as per Sec.13(2)(b) of the C.P.Act.1986 and the forum decided to adjudicate the matter as evidences available in record on merit. The counsel for complainant heard the case at length, perused the record and submissions considered.

3.         From the above submissions, it is found that the complainant has procured the shoe set on dt.18.06.2016 by paying an amount of Rs.1299/- alluring good looking and branded product but the same reported defective within a few days of its purchase. Hence the complainant approached the OP.s for replace the shoe with a new one, but the OP.s neither replaced the shoe set nor paid its price. Considering the evidences, submissions by the complainant, we are of the view that, the shoe set in question has inherent problem and the O.P.s provides a substandard shoe set to the complainant for a good price. Thus the complainant sustained mental agony and also inflicted financial losses and valuable times due to the negligence, arbitrary and unfair practices of OP.s hence prayed for compensation.

4.         It is further seen that, the complainant has purchased the alleged shoe at Umerkote, Dist of Nabarangpur and the OP.s carrying their business branches within the local limit and gains profit, hence the forum has an ambit to entertain the case in the interest of justice.

5.         It is also noticed that, despite service of notice of this forum the OP.s are failed to take any steps to settle the instant matter of complainant and there is nothing to decline the contentions of complainant without appearance, filing counter and evidences by the OP.s, hence we feel that the action of OP.s is highhanded and unfair which amounts to deficiency in service and hence they found guilty under the benevolent legislations of the C.P.Act 1986. However observing inherent defect in the said shoe pair we allow the complaint against the OP.s with cost.

7.         In this case the complainant has purchased the goods for his own & personal use and not for commercial purpose so he is a genuine consumer in this case. The complainant has also filed this complaint within the jurisdiction and within in the limitation period the complaint filed is maintainable in this forum, hence the complainant is entitled for relief and the OP.s are liable for compensation. As thus the complaint is allowed against the OP.s.

ORDER

i.          The opposite party no.1, 2 & 3 supra are hereby directed to pay the price of shoe set in question i.e. Rs.1299/- (Rupees One thousand two hundred and Ninety nine only) in place of the alleged shoe set inter alia, to pay Rs.2,000/-(Two Thousand only) as compensation and a sum of Rs.1000/-(One thousand) towards the cost of litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days of receipt of this order, failing which, the total sum will bear 12% interest per annum till its realization. Order pronounced in the open forum on this the 15th day of Sept' 2017.

   Sd/-                                          Sd/-                                                    Sd/-

MEMBER                          MEMBER                                     PRESIDENT, DCDRF,

(Sri R.S.Nayak)                 (Smt M.Padhi)                                     (Sri G.K.Rath)