Haryana

Karnal

CC/3/2016

Parveen Kumar S/o Pishori Lal - Complainant(s)

Versus

M/s Aero Club Woodland - Opp.Party(s)

S.S. Kaushish

06 Apr 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.

                                                              Complaint No. 03 of 2016

                                                             Date of instt.: 01.01.2016

                                                               Date of decision 06.04.2017

 

Parveen Kumar son of Shri Pishori Lal resident of House no.61/14, Ram Nagar, Karnal.\

                                                                   ……..Complainant.

                                                Vs.

The Manager, M/s Aero Club Woodland, Shop no.2-3, opposite Dr.Gian Bhushan, Kunjpura Road, Karnal.

 

                                                                   ………… Opposite Party.

                     Complaint u/s 12  of the Consumer Protection Act.

 

Before                   Sh.K.C.Sharma……….President.

                   Sh.Anil Sharma…….Member.

                   Ms. Veena Rani…..Member

 

Present:-      Shri S.C.Kaushik Advocate for complainant.

                    Opposite parties exparte.

 

                    

 ORDER:

 

                   This complaint has been filed by the complainant u/s 12 of the Consumer protection Act 1986, on the averments that he purchased shoes  article no.RG-4092/14, Size 40, Colour Khaki  from opposite party for an amount of Rs.2470/-, vide cash memo no.7228 dated 29.1.2015. Opposite party gave full warranty of quality and also assured that if any defect would occur in the shoes, the same would get repaired or removed immediately. After sometime, the shoes required repair. He approached the shop of opposite party for repair of  poor condition of shoes, vide repair slip no.101 dated 24.8.2015. Opposite party assured that the shoes would be returned after fully repairing the same within a week from the company or new shoes would be given if the same were not found repairable. Neither the opposite partyrepaired the shoes nor gave new shoes to him. Such acts and conduct on the part of the opposite party amounted to deficiency in service, which caused him mental agony, harassment and financial loss.

2.                Notice of the complaint was given to opposite party. None put into appearance on behalf of opposite party despite service, therefore, exparte proceedings were initiating against him, vide order dated 9.2.2016.

3.                In evidence of the complainant, his affidavit Ex. CW1/A and documents Ex.C1 to Ex.C6 have been tendered.

4                 We have heard the complainant and have also gone through the documents placed on file carefully.

5.                The complainant purchased shoes, article no.RG-4092/14 from opposite party for Rs.2470/-, vide cash memo no.7228 dated 29.1.2015. As per allegations of complainant, after few days, the shoes became defective, so he complained about the same to the opposite party and opposite party assured him for repair of the same and also assured that if the defect was not repairable, then the shoes would be replaced with new one, but neither the shoes repaired or nor returned to him. The complainant in his affidavit Ex.CW1/A reiterated his allegations. The copy of repair slip no.101 dated 24.8.2015 Ex.C2 clearly shows that the condition of the shoes was very poor as the same required stitching. This oral as well as documentary evidence of the complainant has gone unrebutted and unchallenged, therefore, there is no reason to disbelieve the same. Thus, from the evidence of the complainant it stands established that the pair of shoes purchased by him from the opposite party was defective, which caused him pain and harassment apart from financial loss. Therefore, he is entitled to get compensation from the opposite party.

6.                As a sequel to the foregoing reasons, we accept the present complaint and direct the opposite party to replace the shoes in question of the complainant with new one of the same value. We further direct the opposite party to pay Rs.1500/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. This order shall be complied within 30 days from the receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Announced

Dated: 6.4.2017

                                                                                      (K.C.Sharma)

                                                                                         President,

                                                                             District Consumer Disputes

                                                                             Redressal Forum, Karnal.

                   (Anil Sharma)        (Veena Rani)

                       Member               Member