Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 20.11.2015
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To admit this application and issue notices to the opposite parties and after hearing the respective parties
- To pay Rs. 20,000/- as Compensation.
- The facts of the case as appears from complaint petition is as follows:
The complainant has asserted that he has purchased a pair of shoes being brand article no. - 8204, size – 07, colour – brown for the price of Rs. 2,999/- ( Rs. Two Thousand Nine hundred Ninety Nine only ) from opposite party no. 2 on 06.06.2012. The aforesaid shoes were manufactured from opposite party no. 1. After purchase of the aforesaid shoes Vide Annexure – 1 the complainant began to use the shoes but within a week it became discoloured then he approached the opposite party no. 2 with discoloured shoes. Then opposite party called him to again approach him on 15.06.2012. He approached the opposite party no. 2 as desired by him but no action was taken by him ( opposite party no. 2 ). Thereafter, he met several times and requested the opposite party to repair the shoes or change the shoes but the opposite party no. 2 did not take any action and thereafter he has given several registered notices which are Annexure – 2 series.
From record it appears that notices were sent to opposite parties and when registered notices did not returned thereafter dasti notice was sent to opposite party no. 2 which was received by opposite party no. 2. It appears notices sent to opposite party no. 1 was also not returned hence it was deemed to be validly served.
It is needless to say that as despite of service of notice opposite parties did not appeared nor he has filed written statement then the case was heard ex – parte.
It goes without saying that facts asserted by the complainant goes to prove deficiency on the part of the opposite parties because there is no material on record to counteract or in opposition to the fact asserted by the complainant. Hence we are bound to accept the facts asserted by the complainant in toto which clearly shows deficiency.
For the reason stated above we direct the opposite party no. 2 to return the price of the shoes i.e. Rs. 2,999/- ( Rs. Two thousand Nine Hundred Ninety Nine only ) which was received by him after generating the receipt dated 06.06.2012 which is annexed as Annexure – 1 within the aforesaid period of two months from the date of receipt of this order or certified copy of this order failing which the opposite party no. 2 will have to pay an interest @ 10% per annum on the aforesaid amount till its final payment.
We further direct the complainant to return the aforesaid shoes at the time of receiving Rs. 2,999/- ( Rs. Two thousand Nine Hundred Ninety Nine only ) to opposite party no. 2 if he had not returned the shoes up till now.
We further direct the opposite party no. 2 to pay Rs. 2,000/- to the complainant by way of compensation and litigation costs within the period of two months.
The opposite party no. 2 is at liberty to realize the aforesaid amount from opposite party no. 1.
Accordingly, this case stands allowed to the extent indicated above.
Member President
