DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Friday the 23^rd day of June 2023

C.C.101/2023

Complainant

Soniya.M

W/o.Nisamudheen,

“Soni”, House No.7,

Paradise Colony,

AWH College Road,

Kallai-P.O,

Kozhikode – 673 003.

Opposite Parties

1. The Manager

Skechers, Zimson Trading,

P.K.Commercial Complex,

 61/826,61/828,61/829,

Facing Red Cross Road,

Cherooty Road,

Kozhikode – 673 032.

2. Managing Director

Skechers South Asia Pvt Ltd.,

CIN No.U51909MH2012PTC291019, 803 & 804,

Fulcrum, B-wing,

Hiranandani Business Park,

Sahar Road, Next to Hyatt Regency,

Andheri (East)

Mumbai – 400 099.

(By Adv Sri. Sharan Prem)

ORDER

By Sri. P.C. PAULACHEN – PRESIDENT 

           This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2. The case of the complainant, in brief, is as follows:

On 28-09-2022 the complainant purchased GO WALK SMART-RIVIERA-40055-NVY-SLIPPER from the shop of the first opposite party paying Rs.4,999/-. But within 3 months, some damage was seen on the slipper. The opposite parties neglected to take any positive steps to redress the grievance of the complainant in spite of repeated requests. Hence the complaint for replacement of the product or refund of the price along with compensation of Rs.5,000/-.

3.       Though the opposite parties entered appearance through counsel, they did not file written version in time. They were set ex-parte.
4. The points that arise for determination in this complaint are :

1. Whether there was any unfair trade practice or deficiency of service on the part of the opposite party, as alleged?
2. Reliefs and costs.

5. The complainant was examined as PW1 and Exts. A1 to A9 were marked.
6. Heard.
7. Point No.1– The complainant has approached this Commission alleging unfair trade practice and deficiency of service on the part of the opposite parties. The specific allegation is that the slipper purchased by her from the opposite parties paying Rs.4,999/- became defective soon after the purchase and the opposite parties failed to address the issue with regard to the product despite her repeated requests.
8. PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the invoice dated 28-09-2022 for having purchased the product paying Rs.4999/- and Ext. A2 to A9 are the printout of the e-mail communications between the complainant and the opposite parties.
9.     The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version. The opposite parties have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. The act of the opposite parties in supplying inferior quality product in spite of having received Rs.4,999/- towards the price amounts to unfair trade practice. Their further neglect to take any positive steps to redress her grievance amounts to deficiency of service. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A9. The opposite parties are bound to replace the product with a new one or refund the price. It goes without saying that the act of the opposite parties has resulted in mental agony, hardship and inconvenience to the complainant, for which, she is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of Rs.1,000/- will be reasonable compensation in this case.
10. Point No.2 :  In the light of the finding on the above point, the complaint is disposed of as follows:

1. CC 101/2023 is allowed in part.  
2. The opposite parties are hereby directed to replace the GO WALK SMART-RIVIERA-40055-NVY-SLIPPER sold to complainant with a new one of similar description which shall be free from any defect, or in the alternative, refund Rs.4,999/- to the complainant, being the price, after taking back the product.
3. The opposite party is hereby directed to pay a sum of Rs.1,000/- (Rupees one thousand only) as compensation to the complainant for the mental agony and hardship suffered.
4. The order shall be complied with within 30 days of the receipt of copy of this order,
5. No order as to costs.

Pronounced in open Commission on this the 23^rd day of June 2023.

Date of Filing: 15-03-2023.

  ​                               Sd/-                                                                                                            Sd/-

                         PRESIDENT                                                                                               MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 - copy of the invoice dated 28-09-2022.

Ext A2 - Printout of the e-mail communication.  

Ext A3 - Printout of the e-mail communication.

Ext A4 - Printout of the e-mail communication.

Ext A5 - Printout of the e-mail communication.  

Ext A6 - Printout of the e-mail communication.  

Ext A7 - Printout of the e-mail communication.  

Ext A8 - Printout of the e-mail communication.

Ext A9 - Printout of the e-mail communication.

Exhibits for the Opposite Party

Nil

Witnesses for the Complainant

PW1 -  Soniya.M (Complainant)

Witnesses for the opposite parties 

Nil.

                        Sd/-                                                                                                                                        Sd/-

               PRESIDENT                                                                                                                             MEMBER

                                                                                                      True copy,

                                                                                                                                                       Sd/-

                                                                                                                                          Assistant Registrar.