DOF.14.06.11

DOO.22.08.11

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR

Present: Sri.K.Gopalan:  President

Smt.K.P.Preethakumari:  Member

Smt.M.D.Jessy:               Member

Dated this, the 22^nd  day of  August     2011

C.C.No.188 /2011

V.V.Vijayan,

Vrindavanam,

Post Mayyil, 670 602.                                 Complainant

Madonna Foot Wear,

No.31, Vichithra Complex,

Kannur 2                                                    Opposite parties

          O R D E R

Smt.M.D.Jessy, Member

          This is a complaint filed under section12 of the consumer protection Act to get refund of the value of a damaged chappal which was purchased by the complainant from the opposite party.

The brief facts of the case is that on 5.6.11 complainant purchased one  Aero soft Bond ladies chappal from the opposite party’s shop by paying `375. After reaching home he found that the chapel is having some damage and after two days he returned the chapel to the opposite party and requested to refund its value. Since the proprietor of the shop is not available at that time the employee of the opposite party received the chapel and made an endorsement over the bill “return”. Even though complainant gone to the shop of opposite party on 12.6.2011 for collecting the value of chapel it was not paid by the opposite party. Hence complainant alleges deficiency of service on the part of opposite party and demanding `1000 towards compensation.

          On getting the complaint notice issued to the opposite party and even though opposite party appeared before the Forum on one occasion he subsequently remaind absent and not filed version. Hence opposite party set exparte and exparte evidence of complainant taken. Ext.A1 also marked on his side.

          In the oral evidence complainant stated that he has purchased one chappal from the opposite party’s shop by paying `375. But on verification after reaching home it was found damaged. Complainant approached opposite party’s shop twice with the damaged chappal but it was not exchanged or refunded it s value by the opposite party. It is admitted by the complainant that the damaged chappal is in his hand even though in the complaint he averred that he handed over the damaged chappal to the employee of the opposite party’s shop. Before filing the complaint no notice is also seen issued by the complainant to opposite party demanding his relief. But on getting notice from the Forum the opposite party sent a notice to the complainant directing him to collect the purchase price of the damaged chappal by returning the same.

          Though opposite party has expressed his readiness to settle the dispute opposite party did not appear before the Forum. Mere sending the letter will not make an end to the litigation. It is evident from the evidence that complainant approached the opposite party  to get  the dispute settled before filing the complaint. If opposite party was responded positively on those occasions the subject matter would have been solved earlier. Opposite party though appeared remained absent thereafter even without filing the version. This itself is a self explanatory negative approach of the opposite party towards the actual issues. There is nothing unusual in the evidence of complainant to disbelieve what is deposed by him. Purchasing a chappal is for daily use and it is not intent for creating dispute. Opposite party is liable to refund the price of the chappal. He is also liable to pay the cost of this litigation since there is deficiency in service on the part of the opposite party. Hence we pass an order to refund the value of the chappal `375 and a sum of `200 as cost of this litigation.

          In the result, complaint is allowed directing opposite party to pay  `375  (Rupees Three hundred and seventy five only), the value of the chappal and `200 (Rupees Two hundred only)  as cost of this proceedings to the complainant within one month from the date of receipt of this order. Complainant has to return the chappal on receiving the amount.                               Sd/-                              Sd/-               Sd/-         

                      President                      Member         Member

                                             APPENDIX

Exhibits for the complainant

A1. Cash  bill issued by OP 

Exhibits for the opposite parties: Nil

Witness examined for the complainant

PW1.Complainant.

Witness examined for opposite party: Nil

/forwarded by order/

                                                                    Senior Superintendent