D.O.F : 04/11/2023

                                                                                                       D.O.O : 23/05/2024

IN THE CONSUMER DISPUTES  REDRESSAL COMMISSION, KASARAGOD

CC.354/2023

      Dated this, the 23^rd day of May 2024

PRESENT:

SRI.KRISHNAN.K                          : PRESIDENT

SMT.BEENA.K.G                               : MEMBER

K. E. Kuriakose

Kuruppan Veetil, Vattapoyil,

Nileswaram P O,

671314

Kasaraogd, Kerala.                                                                            : Complainant                                            

   And

1. Safa Footwear

Chayyom, Chayoth P O

671314

Kasaragod, Kerala. 

2. Ponds Knitwears

Basti Nau,

Behind Jhandiwala Peer,

Jalandhar (P B)

144002,

Jalandhar, Punjab.                                                               : Opposite Parties

ORDER

SMT.BEENA.K.G : MEMBER

            The brief facts of the case of the complainant is that his son Mrudul Kuriakose is studying in the 10^th std of G.H.S.S. Chayyoth.  He was a participant in various sports items in sub district sports competition.  For that, he purchased one pair spike from opposite party’s shop on 30/09/2023.  In the first competition itself the spike damaged and a needle from the spike, pierced on the feet of his son, Mrudul. Due to the pain, he cannot participate in other items of competition.  The complainant demanded bill at the time of purchase of the spike.  But opposite party informed that the person issuing bill is not there then.  As the spike was not available in Nileswar, the complainant had gone to Chayyoth to purchase spike.  The complainant informed all these facts to the opposite party’s shop and opposite party informed that due to failure on the part of the company all these difficulties occurred.  They are only dealers.  Due to deficiency of service and unfair trade practice on the part of opposite parties as the spike was substandard, the complainant and his family suffered severe mental agony.  The grievance of the complainant is that his son could not participate in all items of sports competition in the sub district competition already decided due to substandard spike supplied by opposite party no. 1.  Thus, the complainant suffered monitory loss and his son’ lost his opportunity to participate in all items  in sub district sports competition and there by caused severe mental agony and hardships for which he is seeking a compensation of one lakh rupees from opposite parties. 

            Notice of opposite party no.1 served, opposite party no.2 not served.  Name of opposite parties called absent, set exparte.

            The complainant filed proof affidavit in lieu of chief examination.  He has not produced any documents.  Opposite party no.2 sent a letter requesting translation copy of the complaint in either English or Hindi.  As opposite party no.2 is already set exparte, no steps taken.  Heard the complainant.  The questions raised for consideration are;

1. Whether there is any deficiency in service or unfair trade practice on the part of opposite party?
2. Whether the complainant is entitled for relief?
3. If so, what is the relief?

All questions can be discussed together.  The complainant’s son who is studying in 10^th std of G.H.S.S. Chayyoth wants to participate in various items of sub district sports competition.  The complainant purchased one pair of spike from opposite party’s shop on 30/09/2023 for his son.  In the first competition itself, a needle from the spike pierced on his feet and due to severe pain he is unable to participate in other items in competitions.  His son lost his opportunity to participate in sub district sports competition caused severe mental agony to the family. So he is claiming compensation from opposite parties for deficiency in service and unfair trade practice.  The opposite party no.1 failed to issue a bill saying that the person issuing the bill is not there then.  Not issuing bill for the purchased items by the shop manager amounts to unfair trade practice.  And the grievance of the complainant is that as the spike was substandard, its needle pierced on the feet of his child and he lost his opportunity to participate in all other items.  As the opposite party no.1 informed that it is opposite party no.2 who has to take care of the quality of the product.  Manufacturer is liable for the defects of the product.  But the seller also must know the quality of the product he is selling.  So, both opposite parties are liable for the loss and hardships undergone by the complainant and his family. 

The complainant is seeking Rs. 1,00,000/- as compensation for monitory loss and hardships.  But he has not produced any documentary evidence to prove such a huge loss.  Missing opportunity to participate in a sub district sports competition is a huge loss for his son.  This commission holds that both opposite parties are liable for deficiency of service and unfair trade practice due to which the complainant’s family suffered hardships.  The complainant is entitled for compensation. 

In the result, complaint is partly allowed directing opposite party no. 2 to pay Rs. 25,000/- (Rupees Twenty Five thousand only) to the complainant as compensation and opposite party no.1 is directed to pay Rs. 3,000/- (Rupees Three thousand only) to the complainant as litigation cost within 30 days from the date of receipt of copy of this order. 

     Sd/-                                                                                                                   Sd/-

MEMBER                                                                                                      PRESIDENT

Forwarded by Order

                                                                                    Assistant Registrar

JJ/