O R D E R R.Vijayakumar, Member. This is a complaint filed Under Section 12 of Consumer Protection Act. The case of the complainant is that the opposite parties have not cared to replace the shoe or refund the price of show which was purchased by the complainant and found defective within one month from the date of purchase. The shoe was manufactured by the first opposite party and sold to the complainant by the second opposite party. (2) The complainant sent advocate notice demanding replacement of shoe or refund of price. But the shoe was not replaced or the price was not refunded. The act of opposite parties amounts to unfair trade practice and deficiency in service and resulted in financial loss and mental agony to the complainant. The second opposite party’s case is that the shoe was purchased by the complainant on discount of 50%. At the time of purchase itself second opposite party intimated the complainant that no replacement or exchange for 50% discounted item will be entertained. On demand of replacement of shoe also it was repeatedly informed by the staff of second opposite party. On receipt of the advocate notice, second opposite party’s manager contacted the complainant through telephone and requested to produce the shoe to ascertain whether there is any manufacturing defect. But the complainant was not ready to do so. The opposite parties are not liable to pay compensation as no cause of action against second opposite party. The first opposite party remained absent. Hence set exparte. The points that would arise for consideration are: 1. Whether there is any deficiency in service on the part of opposite party. 2. Compensation and cost. (3) Points (1) & (2) The complainant filed affidavit. Pw1 examined. Exhibits P1 to P4 marked. The complainant was not cross-examined. After filing version the second opposite party has not adduced any evidence. We have perused all the documents in detail. As the complainant was not cross-examined, the testimony of complainant stands unimpeached. We find that there is deficiency in service on the part of opposite parties. Hence we are inclined to allow the complaint. In the result the complaint is allowed directing the opposite parties to refund the price of shoe Rs.1243.62 along with interest at the rate of 12% from 17.12.08 till the date of payment. The opposite parties are further directed to pay compensation Rs.2000/- and cost Rs.1000/-. The order is to be complied with within one month of the date of receipt of the order. Dated this the 31st day of May 2010. K.Vijayakumaran : Sd/- Adv.Ravi Susha : Sd/- R.Vijayakumar : Sd/- / / Forwarded by Order / / Senior Superintendent (4) INDEX List of witness for the complainant PW1 - Binu George List of documents for complainant P1 - Cash Memo P2 - Advocate Notice P3 - Postal Receipt P4 - Duplicate Acknowledgement Card | 
