BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 105/2008 Filed on 21.05.2008

Dated : 30.01.2009

Complainant:

Nishanth Rajan.C, Hotel California, Light House Beach, Kovalam.

Opposite party:

The Proprietor, Bata, Bata Shoe Stall, Kesari Building, M.G. Road, Thiruvananthapuram.

This O.P having been heard on 09.01.2009, the Forum on 30.01.2009 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

The complainant Nishanth Rajan bought a sports shoe made of Reebok company from the opposite party, the Bata Shoe Stall on 04.04.2008 for Rs. 1,139/-. Within two weeks the sole of the shoe got damaged and the complainant approached the opposite party for replacement. But they did not replace, instead they repaired. Again the shoes got damaged and the complainant approached the opposite party on 21.05.2008. Then they told that the damage happened due to the mishandling by the complainant and they have no responsibility for that. Hence the complainant filed this complaint before us.

In this case the opposite party remains exparte. Two times notice was sent to the opposite party from this Forum, but they did not accept the notice and the notice was returned with the endorsement refused to accept.

Points to be ascertained:

1. Whether there is unfair trade practice and deficiency in service from the side of the opposite party?

2. Whether the complainant is entitled to get reliefs and costs?

Points (i) & (ii):- In this case the complainant has filed proof affidavit and produced the bill as Ext. P1 and also produced the disputed shoe as MO1. The Ext. P1 bill with warranty shows that the complainant bought the shoe from the opposite party for Rs. 1139/- on 04.04.2008. And also on the overleaf of this bill the guarantee conditions are printed. The opposite party has assured that if the damage happened within 15 days after the purchase, 100% compensation. In this case the damage occurred within 15 days from the date of purchase. We have also carefully observed the MO1. We can find that the shoes is totally damaged. The price of the shoes is Rs. 1,139/-, but the quality of the shoes is sub standard one compared with the price. The opposite party has a responsibility to supply goods according to its value. The opposite party should have replaced the shoes or refunded the price of the shoes to the complainant when he approached them with the complaint. Considering the above facts and circumstances this Forum finds that the acts of the opposite party amounts to unfair trade practice and deficiency in service. And moreover the opposite party did not turn up to contest the case. Hence this Forum allow the complaint.

In the result, the opposite party is directed to refund Rs. 1,139/- to the complainant as the price of the shoes and shall pay Rs. 500/- as compensation and Rs. 1000/- as costs of the proceedings. Time for compliance one month. Thereafter 9% annual interest shall be paid to the above said amounts till the date of realisation. And also direct the opposite party to take the MO1 from this Forum after the compliance of the above order.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 30^th January 2009.

BEENAKUMARI. A : MEMBER

G. SIVAPRASAD : PRESIDENT

S.K. SREELA : MEMBER

C.C. No. 105/2008

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Photocopy of bill for Rs. 1139/- issued by the opposite party.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT