DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 344/2017
D.No.________________________ Dated: _________________
IN THE MATTER OF:
ARON BHAGWATI S/o SH. B.P. SHARMA,
R/o VP-259 A, PITAMPURA,
DELHI-110034. … COMPLAINANT
Versus
M/s. RELAXO FOOTWEAR LTD.,
RELAXO OUTLET RS029,
MP-8, GOPAL MANDIR ROAD,
PITAMPURA, DELHI-110034.
ALSO AT: AGGARWAL CITY SQUARE,
PLOT NO. 10, SECTOR-3, ROHINI,
DELHI-110085. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 29.04.2017
Date of decision: 02.04.2019
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against the OP thereby alleging that on 12.02.2017, the complainant went to the shop of OP-1 for purchasing a new shoe and accordingly the worker/shopkeeper suggested to the complainant for purchasing the article no. BM-301 of shoe and believing upon the words of OP-1, the complainant
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agreed to purchase the Relaxo shoes BM-301 for a sum of Rs.1,000/- against invoice no. 01617029006883 dated 12.02.2017.After 15-20 days left shoe has leather quality defect, so that, leather damage occur on the shoes. The complainant further alleged that the complainant approached OP for replacement and handed over the shoes with OP on 22.03.2017 against repair job slip no. 12654 but the complainant was shocked when the official of OP denied for replacement of shoes. Thereafter, the complainant sent an e-mail to OP on 25.04.2017 but the complainant was surprised when OP agreed to replacement with 50% claim and the complainant approached several times to OP for replacement of shoe because it is only 15-20 days old and as such there is unfair trade practice and deficiency in service on the part of OP.
2. On these allegations the complainant has filed the complaint praying for direction to OP to refund the invoice amount i.e. Rs.1,000/- paid to OP by the complainant towards purchasing the said shoes as well as compensation of Rs.50,000/- for causing him mental torture and harassmentand also sought Rs.1,100/- as cost of litigation.
3. Notice was issued to Opposite Party through speed post for appearance on 03.08.2017 and as per track report notice was delivered on09.05.2017but none for OP appeared on 03.08.2017 &
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13.09.2017 and as such OP was proceeded ex-parte vide order dated 13.09.2017.
4. In order to prove his case the complainant filed his affidavit in evidence and also filed written arguments. The complainant placed on record copy of retail invoice dated 02.12.2017 regarding purchase of 2pair of shoes for Rs.2,000/-including defective pair of shoe bearing no. BM-301 Gents 8 Black of Rs.1,000/-, copy of photographs of the defective shoe and copy of reply dated 25.07.2017 sent by OP through e-mail to the complainant thereby acknowledging defect in the shoe and offering 50% claim. The complainant also placed on record copy of job sheet no. 12654 dated 22.03.2017 issued by OP.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of thecomplainant. Moreover,it appears that even after receiving notice of this case from this forum, OP has kept mum and has not bothered to answer the case of the complainant. It seems that OP has no case at all in its favour. Accordingly, OP is held guilty of unfair trade practice and deficiency in service.
6. Accordingly,OPisdirected as under:
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i) To refund to the complainant an amount of Rs.1,000/-being the price paid by the complainant for purchasing the disputed pair of shoe on return of original invoice and job sheet.
ii) To pay to the complainant an amount of Rs.2,000/- as compensation for causing mental agony and harassment.
iii) To pay to the complainant an amount of Rs.1,000/- towards cost of litigation.
7. The above amount shall be paid byOP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
8. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 2ndday of April, 2019.
BARIQ AHMAD USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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