Haryana

Karnal

CC/200/2015

Shamsher Singh S/o Sultan Singh - Complainant(s)

Versus

M/s Shoe Palace - Opp.Party(s)

29 Feb 2016

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM KARNAL.  

                                                          Complaint No.200 of 2015                                                                                              Date of instt.: 28.08.2015

                                                          Date of decision:29.02.2016

 

Shamsher Singh son of Sultan Singh caste Ror village Hathlana district Karnal.

                                                                ……..Complainant.

                   Vs.

M/s Shoess Palace, GT Road, Karnal.

Dealer Liberty Shoess TI No.06582218511.

                                                                  …..Opposite Party.

 

                     Complaint u/s 12 of the Consumer

                     Protection Act.

 

Before          Sh.K.C.Sharma……….President.

                   Sh.Anil Sharma…….Member.

 

Present:-        Sh.Shamsher Singh complainant in person.

                   OP ex parte.

                  

ORDER:

 

                        The  complainant has filed thepresent complaint u/s 12 of the Consumer Protection Act 1986,  on the averment that he had purchased one pair of Shoes having brand and article No.7190-53 from the Opposite Party for an amount of Rs.1600/-, vide cash memo No.4108 dated 28.1.2015.  On 27.8.2015, he went to the Opposite Party  and told him that sole of the shoes been exhausted.  Upon that Opposite Party asked him to get the needful done on payment of Rs.400/- and refused to give the benefit of warranty. Due to such act on the part of the Opposite Party, he suffered mental agony and harassment.

 

2.                 Notice of the complaint was given to the Opposite Party, who failed to appear despite service. Therefore, exparte proceedings were initiated against it, vide order dated 12.10.2015.

 

3.                 In evidence of the complainant, his affidavit Ex. CW1/A and document Ex.C1 have been tendered.

 

4.                 We have heard the complainant and have gone through the case file very carefully.

 

5.                 As per the case of the complainant he had purchased one pair of shoes  having brand and article no.7190-53, from Opposite party  on 28.1.2015   and the soles of the same had  exhausted during the warranty period. He went to the Opposite Party, who demanded Rs.400/- for replacement of the sole of the shoes.

 

6.                  Purchase of the pair of the shoes by the complainant from the Opposite Party is proved from the bill Ex.C1.  The averments made by the complainant are duly supported by his affidavit. On the other hand, the Opposite Party has failed to put into appearance and rebut the allegations made by the complainant. The evidence put forth by the complainant has gone unrebutted and unchallenged and there is no reason to disbelieve the same. The complainant the also brought the shoes and shown the condition of the same to this Forum. The soles of both the shoes had deteriorated to such extent that the same cannot be used. Thus, it is proved that the complainant purchased a pair of shoes from the Opposite Party, the soles of  which were  defective  and the Opposite failed to repair or replace the same. Therefore, there was deficiency in services on the part of the Opposite Party.

 

7.                   As a sequel to the foregoing discussion, we accept the present complaint and direct the Opposite Party to replace the shoes of the complainant with new one of the same value. The complainant shall also be entitled for a sum of Rs.500/- for the mental harassment caused to him and for the litigation expenses. The Opposite Party shall make the compliance of this order within a period of thirty days from the date of receipt of the 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:29.02.2016

                                                                    (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                          Redressal Forum, Karnal.

            (Anil Sharma ) 

               Member.

 

 

 

Present:-        Sh.Shamsher Singh complainant in person.

                   OP ex parte.

 

                   Vide our separate order of the even date, the present complaint has been accepted. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

 

Announced
dated:29.02.2016

                                                                    (K.C.Sharma)

                                                                   President,

                                                         District Consumer Disputes

                                                           Redressal Forum, Karnal.

            (Anil Sharma ) 

               Member.