Chandigarh

DF-II

CC/993/2021

Karan Singh Sidhu - Complainant(s)

Versus

Nike India Pvt. Ltd. - Opp.Party(s)

Adv. Gursimranjit Singh

02 Sep 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

Consumer Complaint  No	:	993/2021
Date  of  Institution	:	22.12.2021
Date   of   Decision	:	02.09.2024

 

 

 

   Karan Singh Sidhu Son of  Bhupinder Singh, resident of House No. 2519, Sector-19 Chandigarh.      

                                                                    ..…...Complainant.

                                                Versus

1. Nike India Pvt. Ltd., Office at Ground Floor- First Floor, Olympia Building, No. 66/1, Bagmane Tech Park, C.V. Raman Nagar, Bangalore-560093, India Through its Customer Care Executive.
2. The SSIPL, office at –B-1/F-4, Mohan Co-operative Industrial Area, main Mathura Road, New Delhi-110044 through its Chairman.
3. The Store Manger, SSIPL Retail Ltd, Store at: Unit No. 115 & 122, First Floor, Elante Mall, Plot No. 178-178-A, Business Park, Phase-1 Chandigarh-160002.

                                                       .….. Opposite Parties.   

BEFORE:        MR. AMRINDER SINGH  SIDHU, PRESIDENT

          MR.S.K.SARDANA, MEMBER

Present:             Sh. Gursimranjit Singh, Counsel for Complainant.  

                        Sh. Dixit Dhiman, Adv. Proxy for Sh.Sunil  Goel,                            Counsel for Opposite Parties No.1to3.

ORDER BY AMRINDER SINGH SIDHU, M.A (Eng.),LLM,PRESIDENT

1]             The brief facts of the present Complaint are that Complainant purchased a Nike Shoe with item details: - CW1765-400 on 28.06.2021 for Rs. 18,695/- and after using it for a few days it got damaged due to manufacturing defect and it was replaced with new Shoes with items details:- CW1765-001 and after using it for further few days the replaced shoe also got damaged due to manufacturing defect. The Complainant again approached the store i.e. Opposite Party No. 3 for the second time in September, 2021 and raised claim No. 44783998 with the Customer Care Service of Nike but Opposite Party No. 3 rejected the same. The Complainant time and again requested the Opposite Parties to refund the paid price but in vain which amounts to deficiency in after sale service and Unfair Trade Practice adopted by the Opposite Parties. Hence, it caused harassment and mental agony to the Complainant for which he should be compensated.

2]    After the service of notice on the opposite parties, the opposite parties appeared before this Commission through their respective Counsels and filed written version taking preliminary objections that this Complaint is false, favolus and misconceived; not maintainable. Opposite Parties submitted that the Complainant had purchased “First Shoes” a Nike Air with Item details:- CW1765-400 on 17.06.2021and not on 28.06.2021. The True fact of the matter was that the First Shoes were replaced by the New Shoes i.e. with product No. CW1765-0019(“Claim product”) on 28.06.2021 by SSIPL, the Complainant alleged that after using the Claim product for few days, the Claim product was damaged on its own volition. However, Complainant failed to provide the exact date of damage on its own volition. A  Claim No. 44783998 was raised and upon examination of the photographs submitted by Complainant, it was conclusively, revealed that the Claim product was damaged externally and exhibited excessive wear and tear which could not be attributable to a manufacturing defect in any reasonable manner. Hence, there is neither deficiency in service nor Unfair Trade Practice adopted by the Opposite Parties.

       On Merits, Opposite Parties denied all the allegations made against them in the complaint by the complainant and lastly, prayed for the dismissal of the complainant with costs.

3]           Replication has also been filed by the complainant thereby controverting the assertions of OPs made in their written version reiterating their stand in the Complaint.

4]           Parties to complaint have led evidence in support of their contentions.

5]           We have heard the Counsel for the Parties and have gone through the record available on file.

6]           The main question involved in the present complaint is whether  Opposite Parties failed to provide after sale service or adopted Unfair Trade Practice or not?

7]           In order to find answer to  the above said question, the following facts and circumstances alongwith relevant law  are necessary to be discussed;-

8]           It is observed that the shoes purchased by the Consumer on 28.06.2021 worth of Rs.18695/- got damaged within few days of its purchase. Generally, it is believed that good purchased by the Consumer should be mechanise quality and it should have at-least a normal life span of shelf life. In the present complaint, OPs rejected the claim of the Consumer on the ground that it was damaged externally and exhibited excessive wear and tear but fail to prove on record by way of any expert report after examination of the shoes in question. As OPs claimed that it damaged externally and exhibited excessive wear and tear so the burden to prove the same is on the OPs which it failed to discharge. Thus, it is observed that OPs failed either to rectify the defect in shoes or to refund the price of it, which amounts unfair trade practice. Hence, the present Complaint is partly allowed.

       Taking into account the above mentioned facts and circumstances, the OPs are directed to refund the price of shoes i.e. Rs.18695/- to the Complainant within 45 days from the date of receipt of certified copy of this order alongwith interest @ 6% per annum from the date of filing the Complaint till the date of its actual realisation.

9]           The pending application(s) if any, stands disposed of accordingly.

10]         The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Act & Rules accordingly. After compliance file be consigned to record room.

Announced                                                                                            Sd/-

02.09.2024                                                                       (AMRINDER SINGH SIDHU)

     PRESIDENT

 

                                                                                            Sd/-

                                                                        (S.K.  SARDANA)

                                                                        MEMBER

C.k