DOF 21.10.2011
DOO.20.12.2011
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR
Present: Sri.K.Gopalan: President
Smt.M.D.Jessy: Member
Dated this, the 20th day of December 2011
C.C.No.315/2011
P.Dineshan,
“Shabiya”,
Near Edachovva.U.P.School Road,
Chovva,Kannur 6. Complainant
Proprietor,
M/s.SYLCON
A Unit of Zain Shoes,
H.K.Caltex,349B/349C,
Caltex Junction, Kannur 1. Opposite party
O R D E R
Smt.M.D.Jessy, Member
This is a complaint filed under section 12 of the consumer protection Act for getting an order directing the opposite party to refund an amount of `995 being the price of the damaged chappal together with compensation of `5000 for the mental agony suffered by the complainant due to the defective service of the opposite party.
The brief facts of the complainant’s case are as follows: On 10.8.2011 complainant purchased a pair of gents’ chappal from the opposite party’s shop vide invoice NO.008472 by paying `995. But on 17.8.11 itself complainant noticed a crack developed inside the chappal and the material inside the chappal was torn out. The very next day complainant approached the opposite party for replacing the same. But the opposite party refused to replace the chappal and teased the complainant pointing out the remark on the invoice that “Goods once sold will not be taken back”. This caused complainant great mental agony and hardship. Complainant could not wear the chappal in the marriage ceremony of his daughter. Since the damage is occurred within a short span of time and on the inner side of the chappal, it was caused due to the manufacturing defect of the chappal. Hence the complainant issued a lawyer notice to the opposite party on 16.9.2011 directing to pay `995 being the cost of the damaged chappal along with `5000 as compensation for the mental agony suffered by the complainant due to the deficiency of service on the part of the opposite party. Even though opposite party received the notice neither complied with the demands made in the notice nor replied. The complainant alleges that the opposite party supplied a low quality chappal to the complainant and there by caused to suffer mental agony and hardship. Hence opposite party is liable to pay compensation for the deficiency in service.
On getting the complaint forum sent notices to opposite party. But opposite party not cared to appear before the Forum and filed version hence the opposite party was called absent and set exparte.
On the above pleadings the following issues were raised for consideration.
1. Whether there is any deficiency in service on the part of
opposite party as alleged?
2. Whether the complainant is entitled to get relief as prayed?
3. Relief and cost.
The evidence consists of chief affidavit of the complainant and A1 to A3 marked.
Issue Nos. 1 to 3
The complainant examined himself as PW1. Ext.A1 to A3 was marked. Ext.A1 is the invoice which shows that complainant purchased a gent’s chappal from the opposite party on 10.8.2011 by paying an amount of `995 complainant submits that within a week itself a crack was developed inside the chappal and the material inside the chappal were torn out. On 18.8.11 the complainant brought the chappal before the opposite party’s shop and requested to replace the same. But the opposite party rejected the demand of the complainant stating that “goods once sold will not be taken back”. Since the chappal purchased by the complainant is having manufacturing defect and also low quality one. The opposite party is having duty to replace the same. The attitude of the opposite party caused much hardship and mental agony to the complainant and the purpose for which such an expensive chappal was bought by the complainant is not fulfilled. Hence complainant issued Ext.A2 lawyer notice to opposite party demanding to pay `995 being the cost of the chappal purchased by the complainant along with `5000 as compensation for the mental agony and hardship suffered by the complainant due to the deficiency of service by the opposite party. The Ext.A3 shows the receipt of the lawyer notice by the opposite party. Even after receipt of notice the opposite party remains silent hence the above complaint was filed for in order directing the opposite party to refund `995 being the value of the damaged chappal along with `5000 as compensation for mental agony.
The fact that complainant purchased a gents chappal from the opposite party’s shop by paying an amount of `995 on 10.8.2011 is proved through Ext.A1 invoice. The complainant further submitted that the said chappal is manufactured with low quality material and hence the same was damaged with in a week itself. Complainant submits that he approached opposite party’s shop on 18.8.2011 requesting to replace the damaged chappal. When the opposite party refused to accept the demand of the complainant caused to send a lawyer notice to the opposite party. Even after receipt of the notice also the opposite party neither cared to replace the damaged chappal nor even sent a reply. The deliberate silence on the part of the opposite party shows that the opposite party is very well knows about the low quality of the chappal sold to the complainant. The complainant purchased such an expensive chappal with a view to use the same for a considerable period. The available evidence goes to show that there is deficiency in service on the part of opposite party. Thus the opposite party is liable to refund `995 the price paid by the complainant for the purchase of the chappal from the opposite party. Even though the complainant alleges that he had purchased such an expensive chappal from the opposite party with a view to wear the same at the marriage ceremony of his daughter. But even the date of marriage itself is not seen mentioned in the complaint. The complainant also not adduced much evidence to show that he had suffered loss and hardship due to the act of the opposite party. Considering the nature of the complaint complainant is entitled to get `250 as cost of the proceedings. Considering the peculiar situation we are avoiding compensation. It is further clarified that the complainant has to handover the damaged chappal to the opposite party if demanded.
In the result, complaint is allowed directing the opposite party to pay `995 (Rupees Nine Hundred and Ninety five only) being the cost of the chappal together with `250 (Rupees Two hundred and fifty only) as the cost of the proceedings to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order against the opposite party as per the provisions of consumer protection Act.
Sd/- Sd/-
President Member
APPENDIX
Exhibits for the complainant
A1.Copy of the cash receipt issued by OP
A2.Copy of the lawyer notice sent to OP
A3. Postal AD
Exhibits for the opposite party: Nil
Witness examined for either side: Nil
/forwarded by order/
Senior Superintendent
Consumer Disputes Redressal Forum, Kannur
