Delhi

East Delhi

CC/431/2015

KARUNESH - Complainant(s)

Versus

MIRZA INTERNATIONAL - Opp.Party(s)

03 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO. 431/15

 

Shri Karunesh Vashist

S/o Shri Yogesh Sharma

R/o H. No. 111, Krishan Kunj Colony

Laxmi Nagar, Delhi – 110 092                                                    ….Complainant

 

Vs.

 

M/s. Mirza International Ltd.

75, Vijay Block, Laxmi Nagar

Vikas Marg, Delhi – 110 092                                                         ….Opponent

 

Date of Institution: 08.07.2011

Judgment Reserved on: 03.02.2017

Judgment Passed on: 06.02.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

 

JUDGEMENT

            This complaint has been filed by Shri Karunesh Vashist against M/s. Mirza International Ltd. (OP), praying for refund of cost of shoes (Rs. 2,037/- + Rs. 1,977/-) of Rs. 4,014/-, medical expenses of Rs. 2,000, Rs. 5,000/- as compensation and Rs. 200/- out of pocket expenses. 

2.        Facts in brief are that the complainant purchased Red Tape brand 3 pairs of shoes from the respondent vide bill no. 2187 dated 02.01.2015 for a sum of Rs. 5991/-.  Out of 3 pairs, 2 pairs of shoes were defective, for which the complainant lodged complaints with the respondent.  Respondent collected the defective shoes and returned the same after doing visible pasting of the shoes.  The complainant refused to take back as the same were looking ugly.   

            Complainant sent legal notice dated 11.04.2015 for refund of money alongwith compensation for injury suffered, and other expenses.  It is stated that respondent sent a threatening reply of the legal notice instead of refund the amount.  Thus, the complainant has prayed for refund of cost of shoes (Rs. 2,037/- + Rs. 1,977/-) of Rs. 4,014/-, medical expenses of Rs. 2,000, Rs. 5,000/- as compensation for mental and Rs. 200/- out of pocket expenses. 

3.        In reply, respondent has taken various pleas such as the complainant purchased the shoes under sale on reduction rate and after full satisfaction.  Complainant did not lodge any complaint with  respondent.  Other facts have also been denied.   

4.        The complainant has filed rejoinder to the WS of OP-1, wherein he has controverted the pleas taken in the WS and reasserted his pleas.

5.        The complainant has not filed any evidence in support of his complaint. 

In defence, OP has examined Shri Rajesh Kaushik, Proprietor of  M/s. Mirza International Ltd.  He has deposed on affidavit.  He has narrated the facts, which have been stated in the complaint.  He has also got exhibited documents such as receipt showing general terms and conditions (Ex.RW1/1), reply notice dated 27.04.2015 (Ex.RW1/2) and posted receipt (Ex.RW1/3).

6.        As, none has appeared on behalf of the complainant as well as OP, we have perused the material placed on record.  The complainant has not filed any evidence on record.  On the contrary, evidence filed on record by M/s. Mirza International Ltd. (OP) states that the complaint was without any cause of action as the complainant purchased the goods during sale.  They have referred to the terms and conditions (Ex.RW1/1).  If a look is made to general terms and conditions, it is noticed that under Clause-1, there has been “Exchange and not refund”.  Under Clause-4, “Goods purchased during sale/promotional period are stated to be not exchanged”.  The fact that the goods have been purchased by the complainant during sale, when there was no option for exchange, the question of refund does not arise.  Even under Clause-1, if the goods have been purchased during normal sale, there has been a provision for exchange and not refund.  That being so, the complainant cannot ask for refund of cost as well as other compensation.  The complaint is without any merit and the same deserve its dismissal.  Thus, the same is dismissed.

            Copy of the order be supplied to the parties as per rules.

File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

     

      (SUKHDEV SINGH)

             President