DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)

MAHARANA PARTAP BUS TERMINAL: 5^th  FLOOR.

KASHMERE GATE DELHI.

CC No. 324/2014                         

 Naresh Kumar

5/43, Sector 5,

Rajinder Nagar

SAHIBABAD – U.P.                                               ..........Complainant

Versus

Proprietor

Sethi Store Shop No. 4265,

Main Bazar, Pahar Ganj,

New Delhi – 110 055.                                       ..........Respondent/OP

ORDER

Per Sh. S N Shukla, Member

The complainant had purchased one sport shoe from OP against cash payment of Rs.1250/- alongwith six month guarantee vide cash memo no. 1633 dated 30.3.2013 on 5.4.2013 the complainant had purchased one more sport shoe for Rs.1080/- vide cash memo no. 1672.  On 9.5.2013 the complainant tried to contact Op on Mobile Phone NO. 09818356925 given at visiting card of the OP but failed to report the complainant of defective shoes.  On 26.6.2013 the complainant had filed written complaint to OP through Regd. A.D. but till date OP neither given any reply or refunded the amount of Rs.2330/- of two defective sport-shoes.

The complainant prayer in this case is that O be directed to pay/refund the amount of rs.2330/- cost paid for defective shoes and a sum of rs.20,000/- for willful harassment alognwith Rs.5000/- for present forced litigation.

The office of the Forum has issued notice to OP on 25.9.2014 and the same had not been received back and as such it was presumed that the same had been served upon the OP. Further OP had not attended the proceedings on last three consecutive dates and as such the OP was proceeded with exparte on 19.1.2015.

In his affidavit complainant stated that the accompanying complaint under section 12 of the CP Act has been drafted by him and contents of the same are true and correct and the same may be read as part & parcel of this affidavit.

We have gone through all the documents on record.  In the absence of the detailed explanation and reply of the OP the complainant’s allegations stand proved as OP has been ordered to be proceeded with exparte.

Under these circumstances we believe that case of the complainant & hold that the OP was deficient in rendering service to the complainant as a  result of which the complainant is suffering loss, harassment pain and mental agony.  We allow the complainant with these directions to the OP.

1. Pay to the complainant a sum of Rs. 2330/- towards cost of defective shoes and pair of shoes be taken back.
2.  To pay a  sum of Rs. 6,000/- towards compensation,  cost of litigation charges and for harassment, mental agony suffered by the complainant.

The above amount shall be paid by the OP to the complainant within 30 days from the date of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of this order till the date of payment.  If OP fails to comply with the order within 30 days, the complainant may approach this Forum u/s 27 of the Consumer Protection Act, 1986. 

Copy of the order be made available to parties free of cost as per law.

          File be consigned to R/R.

        Announced in open sitting of the Forum on_____________

                   ( S N SHUKLA )                   ( RAKESH KAPOOR )

          MEMBER                                          PRESIDENT