Chandigarh

DF-I

CC/412/2016

Navdeep Singh - Complainant(s)

Versus

M/s Regal Shoes - Opp.Party(s)

In person

02 Jan 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	412 of 2016
Date  of  Institution	:	6.6.2016
Date   of   Decision	:	2.1.2017

 

 

 

 

 

Navdeep Singh s/o Sh. Iqbal Singh resident of H. No.974, Sector 9, Panchkula (Hry.) & Permanent resident of ward No.1 25 PSA Rai Singh Nagar, Distt. Sri Ganga Nagar (Raj)

….Complainant

Vs.

 

M/s Regal Shoes, Unit No.110-A, Ist floor Elante Mall, Plot No.178-178-A, Industrial & Business Park, Phase-1, Chandigarh (UT) MFg. by Rocia through its Manager/Authorized personnel

 

…… Opposite Parties 

 

BEFORE:  

 

MRS. SURJEET KAUR                 PRESIDING MEMBER

SH. SURESH KUMAR SARDANA          MEMBER

 

 

For Complainant	:	None for the complainant.
	:
For OP	:	Ex-parte.

 

 

PER SURJEET KAUR, MEMBER

 

 

 

                The facts, in brief, are that the complainant purchased one pair of shoes from the OP manufactured by Rocia vide bill dated 14.3.2016 for a sum of Rs.3,100/-.  According to the complainant after a couple of day the colour of shoes started coming out.  The shoes in question were returned to the OP on 17.4.2016. It is alleged that instead of replacing the shoes the OP repaired the shoes and returned to the complainant. However, despite this no change in the status of shoes and colour was again coming out in spite of the  assurance of the OP that the complainant would not face any difficulty. Alleging that the aforesaid acts amounted to deficiency in service and unfair trade practice on the part of the opposite Party, the complainant has filed the instant complaint.

2.      Notice of the complaint was sent to Opposite  Party, seeking its version of the case.
3.                 Opposite Party initially appeared through
   Sh. Mohd. Tazeem Shaikh, Manager of OP but subsequently as none appeared on behalf of the Opposite Party, hence vide order dated 5.12.2016 it was ordered to be proceeded against ex-parte.
4.      Complainant led evidence in support of his contentions.
5.      We have perused the record with utmost care and circumspection.
6.      It is evident from a copy of the original bill at page 5 of the paper book that the complainant purchased the pair of shoes for Rs.3095/- on 14.3.2016. As per the case of the complainant, the product in question got defective due to colour issue of the shoes within a few days of its use. As per page 6 of the paper book the shoes were submitted with the OP vide repair sheet No. 274 on 4.4.2016. The allegation of the complainant is that despite keeping the shoes in its possession, OP did not do any effort to provide repair to the shoes and the colour of the shoes again started coming out.
7.      Pertinently, the OP have not appeared to contest the claim of the complainant and preferred to proceed against exparte, which draws an adverse inference against the OP. Non-appearance of the OP despite notice through registered post proves deficiency in service and unfair trade practice on its part. The complainant has been deprived of the usage of the product in question even after spending a handsome amount trusting on the brand. The act of the OP in selling the sub-standard quality product to the complainant and later non-providing proper service amounts to deficiency in service, which caused mental agony and harassment to the complainant.   
8.      In the light of above observations, we are of the concerted view that the Opposite Party is found deficient in giving proper service to the complainant and having indulged in unfair trade practice. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Party, and the same is allowed, qua it. The Opposite Party is directed  to:-

 

a)      To refund Rs.3095/- being the invoice price of the shoes.

 

 b)       To pay composite amount of Rs.3000/- towards compensation and litigation costs for causing mental and physical harassment

 

          The above said order be complied with by the Opposite Party, within 30 days from the date of receipt of its certified copy, failing which the amounts at Sr. No.[a] & [b] shall carry interest @12% per annum from the date of filing of the present Complaint, till actual payment.

 

          The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

 

Announced

2.1.2017                

Sd/-

 (SURJEET KAUR)

PRESIDING MEMBER

 

Sd/-

 (SURESH KUMAR SARDANA)

MEMBER