Chandigarh

DF-I

CC/511/2021

Akash Inder Singh Mann - Complainant(s)

Versus

M/s Nike India Ltd - Opp.Party(s)

H.S. Awasthi

02 May 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/511/2021
Date of Institution	:	09/08/2021
Date of Decision	:	02/05/2022

 

 

Akash Inder Singh Mann age 17 years, minor through his father Sh.Ravinder Singh Mann, resident of House No.2175, Sector 22-C, Chandigarh.

… Complainant

V E R S U S

M/s Nike India Limited, Shop No.19, Ground Floor, Elante Mall, Industrial Area, Chandigarh.

… Opposite Party

CORAM :	SURJEET KAUR	PRESIDING MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Ms.Savita, Counsel for complainant.
	:	OP ex-parte.

 

Per Suresh Kumar Sardana, Member

1.      Briefly stated the allegations are the complainant had purchased pair of shoes for Rs.16,995/- on 27.11.2019 from Opposite Party. Copy of the bill is annexed as Annexure C-1. As per complainant the shoes so purchased as mentioned above started showing manufacturing defects of threads coming from the shoes. The complainant immediately brought to the notice of the Opposite Party, who accepted the defect and agreed to replace the shoes with new shoes. For that purpose Opposite Party executed a settlement slip is annexed as Annexure C-2. The complainant had been time and again visited the shop of the Opposite Party but neither the shoes was replaced nor was refund made till date. The complainant had issued a legal notice to the Opposite Party which is annexed as Annexure C-3. The Opposite Party has been making false promises in order to retain the amount paid by the complainant. Alleging that there is manufacturing defect in the shoes and that the aforesaid act amount to deficiency in service and unfair trade practice on the part of Opposite Party, complainant has filed the instant consumer complaint.
2.     Notice of the complaint was sent to Opposite Party seeking its version of the case. However, nobody appeared on behalf of Opposite Party despite service, therefore, it was proceeded ex-parte on 10.03.2022.
3.     Complainant led evidence by way of affidavits and documents.
4.     We have heard the learned counsel for the complainant and gone through the record of the case. After perusal of record, our findings are as under:-
5.     It is evident from Annexure C-1 that the complainant paid an amount of Rs.16,995/- to buy a pair of shoes from the Opposite Party. The sole grouse of the complainant in the present case is that as the shoes showing manufacturing defects of threads coming from the shoes, so decided to send back to the Opposite Party and sought refund of the amount already paid. Despite various efforts the complainant had time and again visited the shop of the Opposite Party but neither the shoes was replaced nor was refund made till date. But despite this serious information of refund there is no such evidence/proof from the side of the Opposite Party.
6.     In our opinion the complainant paid huge amount of his hard earned money to purchase the branded shoes only due to the reason that he has trusted the brand. Conclusively the complainant neither has pair of shoes nor refund of his hard earned money till date. We are of the view that the act of the Opposite Party for non-refunding the amount to the complainant and most importantly non-appearing during the proceedings of the present case, proves deficiency in service and their indulgence in unfair trade practice.
7.     Significantly, Opposite Party did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Party draws an adverse inference against it. The non-appearance of the Opposite Party shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. Opposite Party is directed as under :-

1. to refund an amount of ₹16,995/- to the complainant alongwith interest @ 9% per annum from the date of payment till realization.
2. to pay an amount of ₹5000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹5000/- to the complainant as costs of litigation.

9.     This order be complied with by the Opposite Party within thirty days from the date of receipt of its certified copy, failing which, it shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-
02/05/2022	[Suresh Kumar Sardana]	[Surjeet Kaur]
Ls	Member	Presiding Member