BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 25/10/2011

Date of Order : 30/11/2011

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 589/2011

Between

And

O R D E R

A. Rajesh, President.

1. Shortly stated, the case of the complainant is as follows :

On 21-07-2011, the complainant purchased a pair of shoes from the opposite party at a price of Rs. 2,490/-. Hardly after 15 days from the date of purchase the, shoes became defective and the complainant could not use the same. The complainant approached the opposite party and as directed by them, the complainant entrusted it with them. In spite of repeated e-mail communications, there was no response on the part of the opposite party. In the meantime, the complainant had to purchase another shoes since formal shoes is compulsory in his office. Thus, the complainant is before us seeking direction against the opposite party to refund the price of the shoes from the opposite party.

2. The version of the opposite party :

The complainant purchased a leather shoe from the opposite party on 21-07-2011. The opposite party is offering warranty for the product which means service. The technical team of the opposite party checked the shoes and it was found that the upper has chipped off due to it got hit by hard object while in use. The opposite party does not give replacement or money back for damage of shoe due to accident, only to repair it.

3. No oral evidence was adduced by the parties. Exts. A1 to A3 and Ext. B1 was marked on the side of the complainant and the opposite party respectively. Heard the complainant who appeared in person and the authorised representative of the opposite party.

4. The only point that comes up for consideration is whether the complainant is entitled to get refund of the price of the shoe in question?

5. It is not in dispute that the complainant purchased a pair of shoes from the opposite party at a price of Rs. 2,490/- evidenced by Ext. A1 cash memo. It is also not in dispute that the complainant had entrusted the shoes with the opposite party on 30-08-2011 evident from Ext. A2 repair memo. Though the complainant entrusted the shoes on 30-08-2011, the opposite party took more than a month to reply that they are not ready to replace the product or refund its price. No satisfactory explanation is forthcoming on the part of the opposite party as to the reason for the rejection of replacement or refund of the price.

6. The opposite party contended that the technical team of the opposite party examined the shoes and opined that the defect has been caused due to accident. However, the opposite party neither produced the technical report nor examined the technical person who prepared it. Naturally by the time, the complainant had to purchase a new shoe to suit his purposes whereby a consumer has had to undergo unnecessary durers. In the above circumstances, the opposite party is liable to refund the price of the shoes to the complainant with interest.

7. In the result, we allow the complaint and direct that the opposite party shall refund Rs. 2,490/- to the complainant being the price of the shoes together with interest @ 12% p.a. from the date of this complaint till realisation.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in open Forum on this the 30^th day of November 2011.

Forwarded/By Order, Sd/- A. Rajesh,President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :-

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