Haryana

Karnal

CC/469/2020

Satish Kumar - Complainant(s)

Versus

M/s Liberty Shoes Limited - Opp.Party(s)

24 Aug 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                            Complaint No.469 of 2020

                                                        Date of instt. 29.10.2020

                                                        Date of decision 24.08.2021

 

Satish Kumar son of Shri Ved Parkash House no.15, ward no.2, Shaktipuram, Part-2, Karnal.

      …….Complainant 

                                        Versus

 

M/s Liberty shoes Ltd. near Bus Stand old G.T. Road, Karnal 132001, Phone no.0184-4040888.

…..Opposite Party.

 

      Complaint u/s 35 of the Consumer Protection Act, 2019.       

 

Before   Sh. Jaswant Singh……President.       

      Sh.Vineet Kaushik ………..Member

 

 Present: Complainant in person.

               Opposite party exparte.

 

                (Jaswant Singh President)

ORDER:                    

 

                This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 on the averments that complainant purchased the shoes from the OP (hereinafter referred as to ‘OP’) of Rs.1979/-. These shoes got wear and tear just within three days. Complainant approached the OP so many times and requested either to replace the shoes or returned the cost of the shoes but OP did not pay any heed to the request of complainant and lingered the matter on one pretext or the other and lastly refused to give any claim. Then complainant sent a legal notice dated 14.10.2020 to OP but it also did not yield any result. In this way there was deficiency in service on the part of the OP. Hence complainant filed the present complaint.

2.             Notice of the complaint was given to the OP, who did not appear and proceeded against exparte, vide order of this Commission dated 05.08.2021.

3.             Complainant tendered into evidence his affidavit Ex.CW1/A, copy of bill/tax invoice Ex.C1, copy of postal receipt Ex.C2, copy of legal notice Ex.C3 and closed the evidence on 20.08.2021 by suffering separate statement.

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

5.             The case of the complainant, in brief, is that he purchased the shoes from the OP of Rs.1979/-. These shoes got wear and tear just after three days from its purchase. Complainant approached the OP several and requested either to replace the shoes or returned the cost of the shoes but OP failed to do so and lastly refused to give any claim. In support of his allegations, complainant placed on file his affidavit Ex.CW1A, copy of bill Ex.C1, copy of postal receipt Ex.C2 and copy of legal notice Ex.C3. To rebut the evidence produced by the complainant, OP did not appear and opted to be proceeded against exparte. Thus evidence of the complainant has gone completely unrebutted and unchallenged, therefore, there is no reason to disbelieve the same. It has been proved from the evidence lead by the complainant and documents placed on file that the shoes in question were having manufacturing defect and wear and tear only after three days from its purchase. It was the duty of the OP either to replace the shoes or to refund the cost of the shoes but OP failed to do so. Hence, the act of the OP amounts to deficiency in service.

6.             As per the version of the complainant, he has purchased the new shoes so he has no need of the shoes and prayed for refund the cost of the shoes.

7.             In view of the above observations, we allow the present complaint and direct the OP to refund the amount of Rs.1979/- as cost of the shoes to the complainant. We further direct the OP to pay Rs.1500/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expense. Complainant is also directed to handover the old shoes to the OP. This order shall be complied within 45 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:24.08.2021                                                                     

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

(Vineet Kaushik)            

                     Member