BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.262 of 2015

Date of Instt. 15.6.2015

Date of Decision :15.10.2015

Narinder Kumar aged about 38 years son of Khairati Lal R/o 110/B, Rani Garden, Shastri Nagar, Delhi.

..........Complainant Versus

1. Kings Shopper Stop 201, Model Town Market, Jalandhar through its Prop./Authorized representative.

2. Jagjit Singh C/o Kings Shopper Stop 201, Model Town Market, Jalandhar.

.........Opposite parties.

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.BB Sekhri Adv., counsel for complainant.

Opposite parties exparte.

Order

Jyotsna Thatai (Member)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act, against the opposite parties on the averments that the complainant purchased one pair of shoes (Gents) of black colour of 7 in number on 5.12.2014 for Rs.1800/- on cash basis having bill/cash memo No.1770 dated 5.12.2014 from opposite parties. At the time of purchase of said shoes, opposite parties gave guarantee to the complainant for its leather, stitching, pasting and colour. The complainant purchased the said shoes as opposite parties gave assurance for its good quality. After few days from the purchase of said shoes, the sole of the shoes came out as the pasting of the sole was not proper because the said shoes was sub-standard/defective. On 27.01.2015 on the request of the complainant, Mr.Kuldeep Luthra entrusted the said shoes to opposite parties for its replacement and opposite parties gave assurance that the said shoes will be returned after repair within a week. Since the day of entrustment of said shoes, the complainant has made numerous visits as well as calls from his cell No.09910298213 to opposite parties on cell No.9814688355 but the opposite parties are putting the matter on one pretext or the other. Opposite parties neither replaced the said shoes nor returned the said shoes after its repair meaning thereby opposite parties have misappropriated the said shoes with malafide intention. The complainant got issued a legal notice dated 8.6.2015 thereby requested the opposite parties either to replace the shoes or to refund the payment i.e amount paid by complainant alongwith interest but the opposite parties neither replied thereto nor replaced the shoes nor returned rather opposite parties have misappropriated the said shoes with malafide intention. On such like averments, the complainant has prayed for directing the opposite parties to refund the payment i.e price of the shoes alongwith interest to him. He has also claimed compensation and litigation expenses.

2. Upon notice, opposite parties did not appear and as such they were proceeded against exparte.

3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavits Ex.CA and Ex.CB alongwith copies of documents Ex.C1 to Ex.C5 and closed evidence.

4. We have carefully gone through the record and also heard the learned counsel for the complainant.

5. The complainant purchased one pair shoes from opposite party vide cash memo dated 5.12.2014 Ex.C1 for Rs.1800/-. According to the complainant, after few days from the purchase of the said shoes, sole of the shoes came out as pasting of sole was not proper and Sh.Kuldeep Luthra on the request of the complainant gave the said shoes for replacement to opposite parties but till date they have not returned the shoes nor its price. Further according to the complainant, he has also got served legal notice upon the opposite parties but to no effect. The complainant has filed affidavit of Kuldeep Luthra who has stated that on 27.1.2015 on the request of the complainant, he entrusted the said shoes to opposite parties for its replacement. It is further in his affidavit that since the day of entrustment of said shoes, the complainant has made numerous visits as well as calls from his cell number to opposite parties but they are putting the matter on one pretext or the other. The complainant even served legal notice dated 8.6.2015 Ex.C2 upon the opposite parties in this regard. Ex.C3 and Ex.C4 are postal receipts. The opposite parties did not send any reply to the above legal notice sent by the complainant. Even opposite parties have not come present to contest the claim of the complainant. So it appears that they have nothing to say in the matter. So from un-rebutted evidence adduced by the complainant, his case stands proved. It stands proved that the pair of shoes sold to the complainant by the opposite parties was defective in nature.

6. In the above circumstances, the present complaint is accepted and opposite parties are directed to refund Rs.1800/- to the complainant alongwith Rs.1500/- in lump sum on account of compensation and litigation expenses within one month from the date of receipt of copy of this order failing which they shall be liable to pay interest on the above said amount @9% per annum after the expiry of said period of one month till the date of payment. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

15.10.2015 Member Member President