BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD : THIRUVANANTHAPURAM<br /> PRESENT:<br /> <br /> SHRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENA KUMARI. A : MEMBER<br /> SMT.S .K. SREELA : MEMBER<br /> <br /> C.C.No: 08/2006 Filed on 11..06..2006<br /> Dated: 16..04..2008 <br /> <br /> Complainant:<br /> Sunil Christopher, TC 11/108, Holy Angels Convent Lane,<br /> Nanthencode, Kawdiar – P.O., Thiruvananthapuram.<br /> (By Adv. Shri.J. Gerald)<br /> Opposite party:<br /> The Managing Partner, Sports Wagon, Catholic Center,<br /> General Hospital Junction, Thiruvananthapuram.<br /> <br /> This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 12..07..2006, the order was not prepared accordingly. This Forum assumed office on 08..02..2008 and re-heard the complaint. This O.P having been heard on 29..03..2008, the Forum on 16..04..2008 delivered the following:<br /> <br /> ORDER<br /> <br /> SMT. BEENA KUMARI. A., MEMBER:<br /> The facts of the case are as follows: The complainant purchased a pair of 9 size imported Fila Shoes style No.55j 113-501 costing Rs. 1,190/- from the opposite party on 11.09..2005. The opposite party had sold the shoes to the complainant for Rs.950/-, less cash discount of Rs.240/- for Onam discount. Two days after the purchase of the shoes the sole of the shoes began to peal off and was not in a position to use.<br /> 2. Immediately the complainant approached the opposite party and complained about the defective condition of the shoes. But the opposite party did not replace the shoes or repay the price of the shoes. And on 15..10..2005 the complainant issued suit notice to the opposite party demanding the replacement of the defective shoes or refund the price of the shoes. But the opposite party never responded to the notice. Hence the complainant filed this complaint before this Forum.<br /> 3. The opposite party remained ex-parte. Version not filed. The complainant filed proof affidavit in lieu of chief examination and produced 4 documents marked as Exts. P1 to P4.<br /> 4. Points to be considered: <br /> (i)Whether there is deficiency in service or unfair trade practice on the part of opposite party?<br /> (ii)Whether the complainant is entitled to get reliefs sought for?<br /> 5. Points (i) & (ii): The complainant produced the bill marked as Ext.P1 dated 11..09..2005 which shows that the complainant had purchased the Fila shoes costing Rs.1,190/- from the opposite party but opposite party sold the said shoe to the complainant at Rs.950/- after cash discount of Rs.250/-. Ext. P2 is the copy of the Advocate's notice sent by the complainant to the opposite party demanding the replacement of the defective shoes or refund the cost of the shoes. The opposite party received the notice but did not respond positively. Ext.P3 & P4 are the postal receipt and acknowledgment card. On going through the proof affidavit, Exts P1 to P4 and hearing of the counsel for complainant. This Forum views that the complainant has succeeded to prove his complaint. The opposite party never appeared to controvert the same. Hence the Forum finds that there is deficiency in service and unfair trade practice from the side of the opposite party. Therefore opposite party is liable to repay the price of the shoes or replace the shoes.<br /> 6. Hence this Forum allowed the complaint and an order is passed as follows: The opposite party is directed to refund Rs.950/- (Rupees Nine hundred and fifty only), the price of the Fila shoes to the complainant and also to pay Rs. 1,000/- (Rupees One thousand only) towards compensation and cost. Time for compliance two months, failing which execution can be taken.<br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 16th day of April, 2008.<br /> <br /> G. SIVAPRASAD,<br /> PRESIDENT.<br /> <br /> <br /> BEENA KUMARI. A : MEMBER<br /> <br /> <br /> S.K. SREELA : MEMBER<br /> <br /> ad.<br /> <br /> <br /> CC.08/2006<br /> APPENDIX<br /> 1.Complainant's witness:<br /> PW1 : Sunil Christopher<br /> II.Complainant's documents:<br /> Ext.P1 : Receipt issued by SPORTS WAGON with its invoice No.608 dt. 11/09/05 net value of Rs.950/-. <br /> P2 : Copy of suit notice dated 15/10/05 to the opposite party<br /> P3 : Copy of postal receipt dt. 16/10/2005<br /> <br /> P4 : Photocopy of ack. Card.<br /> <br /> III.Opposite party's witness: N I L<br /> IV.Opposite party's documens : NIL<br /> <br /> <br /> <br /> <br /> PRESIDENT.<br /> <br /> <br /> ad.