Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 31.07.2017
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party no. 1 and 2 to pay the price of shoe i.e. Rs. 1,400/- along with 8% interest.
- To direct the opposite parties to pay Rs. 25,000/- ( Rs. Twenty Five Thousand only ) as Compensation.
- To direct the opposite parties to pay Rs. 10,000/- ( Rs. Ten Thousand only ) as Litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that on 09.10.2013 he has purchased a pair of shoes from opposite party no. 2 after paying Rs. 1,400/-. The aforesaid shoes became defective within 2 months. Thereafter he made complaint to opposite parties but no action was taken.
It appears that in admission stage opposite party no. 2 has filed a written statement admitting the purchase of aforesaid shoes.
In Para – 4 of his written statement following facts have been asserted by opposite party no. 2, “that upper portion of both shoe cracked within two months hence customer contacted with the above opposite party and complained then opposite party supplied the consumer complaint no. 011-25472556 of campus shoes to the customer and on his request opposite party also talked with the authority available on the said phone but she did not take any care on the said complaint.”
It has been further asserted that the aforesaid shoe is under the warranty period of company but opposite party no. 1 deliberately ignored.
It further transpires that this case was later on admitted but nobody appeared on behalf of opposite parties. Hence the case was heard ex – parte.
From bare perusal of complaint petition as well as annexure – 1 it is crystal clear that the complainant has purchased pair of shoes from opposite party no. 2 after paying Rs. 1,400/-. The opposite party no. 2 has himself admitted the fact that after the shoes become defective the complainant lodged complaint with opposite party no. 1 but no action was taken despite the fact that the aforesaid shoe was under warranty or guaranty.
In view of the facts stated above we find and hold that by not changing the shoe or repairing the shoe the opposite parties have committed deficiency and they are jointly and severally responsible.
Hence we direct the opposite party no. 2 to return the price of the shoe i.e. Rs. 1,400/- ( Rs. One Thousand Four Hundred only ) to the complainant within the period of two months from the date of receipt of this order or certified copy of this order failing which opposite party no. 2 will pay 10% interest on the above said amount of Rs. 1,400/- ( Rs. One Thousand Four Hundred only ) till its final payment.
Opposite parties are further directed to pay Rs. 1,000/- ( Rs. One Thousand only ) to the complainant by way of compensation and litigation costs within the period of two months.
Complainant is also directed to return the aforesaid shoe to opposite party no. 2 at the time of receiving the amount of shoe from opposite party no. 2.
Opposite party no. 2 is at liberty to realize the amount from opposite party no. 1 in accordance with law.
Accordingly this complaint stands allowed to the extent referred above.
Member President
