Punjab

Patiala

CC/16/300

Amritpal Singh - Complainant(s)

Versus

M/s Modern Traders - Opp.Party(s)

Sh Amit Kumar

07 May 2018

ORDER

District Consumer Disputes Redressal Forum,Patiala
Patiala
 
Complaint Case No. CC/16/300
( Date of Filing : 02 Aug 2016 )
 
1. Amritpal Singh
s/o Jaspal Singh r/o 594/2 Gher Sodhian Patiala
Patiala
Punjab
...........Complainant(s)
Versus
1. M/s Modern Traders
The Shoe Shope SCF106 Chhoti Barandari patiala through its prop/Authorised signatory
patiala
punjab
2. 2. Woodland India 2168
Gurdwara Road Opp Post Office New Delhi 110005 India
Delhi
Delhi
............Opp.Party(s)
 
BEFORE: 
  Neelam Gupta PRESIDING MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 07 May 2018
Final Order / Judgement

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

 

                                      Consumer Complaint No. 300 of 2.8.2016

                                      Decided on:                     7.5.2018

 

 

Amritpal Singh aged 48 years, son of Jaspal Singh R/o # 594/2, Gher Sodhian, Patiala.

 

 

                                                                   …………...Complainant

                                      Versus

 

1.       M/s Modern Traders, The shoe shopee,SCF-106, Chhoti Baradari, Patiala, through its proprietor/authorized signatory.

2.       Woodland India, 2168, Gurudwara Road, Opposite Post Office, New Delhi-110005. India through its Managing Director.

 

                                                                   …………Opposite Parties

 

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

 

QUORUM

                                      Smt. Neena Sandhu, President

                                      Smt. Neelam Gupta, Member 

                            

                                                                            

ARGUED BY:

                                      Sh.Amit Kumar, Advocate, counsel for complainant.

                                      Sh.Anish Jain,Advocate, counsel for Opposite party No.1
                                      Opposite party No.2 ex-parte.

                                     

 ORDER

                                    SMT.NEELAM  GUPTA,  MEMBER

  1. The complainant purchased one pair of shoe make Woodland, from Op no.1 for a sum of Rs.2560/- on 30.5.2016. It is averred that the OP assured the complainant that if any defect oc curred in the said pair of shoe within a period of 6 months of the said purchase, OP no.1 would replace the same. The said shoes became defective and the sole of the shoes took off and the same were not in a condition to wear. The complainant contacted the OP and requested it for the replacement of the shoes but the OP did not listen to the genuine request of the complainant. On 8.6.2016, the complainant got issued a legal notice to the OP no.1 but all in vain. Thus the OP committed deficiency in service by not replacing the pair of shoes. Ultimately the complainant approached this Forum under Section 12 of the Consumer Protection Act(for short the Act),1986.
  2. On notice, OP no.1 appeared through counsel and filed its reply to the complaint, whereas OP no.2 did not appear despite service and was thus proceeded against ex-parte.
  3. In the written version,  filed by Op no.1, the only preliminary objection raised by the OP no.1 is that the complainant has failed to produce the original shoes alongwith the complaint to show that there was any manufacturing defect in the same, so the complaint is false, frivolous and vexatious. After denying all the allegations made in the complaint, going against the OP, it was prayed to dismiss the complaint.
  4. In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C3 and closed the evidence of the complainant.
  5. The ld. counsel for the OP No.1 has tendered in evidence Ex.OPA affidavit of Sh.Jaspal Singh, Prop. of M/s Modern Traders, Patiala, and closed the evidence.
  6. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
  7. Ex.C1 is the copy of the invoice whereby the complainant purchased one pair of shoes from OP no.1 on 30.5.2016 for a sum of Rs.2560/-.Ex.C2 is the legal notice sent by the complainant to OP no.1. Though the complainant has alleged that the shoes got defective during warranty period but he has neither placed on record any document which may show that some problem occurred in the pair of shoes nor has he placed on record the warranty card to prove that the defect occurred in the product within warranty period. The complainant has also failed to produce the pair of shoe in the court to show the defect that occurred in the pair of shoes.The plea taken by Op no.1 is that the complainant has failed to produce the original shoes alongwith the complaint to show that there was any manufacturing defect in the same. As such OPs cannot be said to be deficient in service in any way.
  8. In view of the aforesaid discussion, we hold that the complainant has miserably failed to prove his case. As such, we do not find any mereit in the complaint and the same is hereby dismissed with no order as to cost. Certified copies of this order be sent to the parties free of cost under the Rules.Thereafter, file be indexed and consigned to the Record Room.

ANNOUNCED

DATED:7.5.2018         

                                                                   NEENA SANDHU

                                                                       PRESIDENT

 

 

                                                                   NEELAM GUPTA

                                                                         MEMBER

 

 

 

 

 

 
 
[ Neelam Gupta]
PRESIDING MEMBER

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