DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA.

Complaint No. CC/15/177 of 26/08/2015

Decided on 02/03/2016

Pardeep Kumar son of Sh. Ram Rachpal, Incharge Accountant, Verka Milk Plant, Sirhind Road, Patiala. ….Complainant.

Versus

Sethi Jutti Store, Turi Bazar, Patiala, through its Prop.

….Opposite party.

Complaint under Sections 11 to 14 of the

Consumer Protection Act.

QUORUM Smt. Neelam Gupta, Member

Smt. Sonia Bansal, Member

Present:

For Complainant : Sh. Pardeep Kumar in person.

For Opposite party : Sh. Sunny Prop. in person.

ORDER

SONIA BANSAL, MEMBER:

1. The complainant purchased one Punjabi Jutti from Sethi Jutti Store situated at Turi Bazar, Patiala on 25/05/2015, who failed to issue the bill although he was provided with warranty of 10 months in respect of any defect in the Jutti. It is alleged that after one week the stitches of the Jutti (Shoe) started giving way and when complainant approached the OP, who mended the same but the problem remained reoccurred. The complainant approached and requested the OP on 04/07/2015 to replace the jutti in question but neither he replaced the said jutti nor gave any satisfactory answer rather OP misbehaved with the complainant. The complainant served the OP with a notice dt. 08/07/2015 sent through registered post but to no effect.

2. It is alleged by the complainant that all these facts show that there is a clear cut deficiency in service on the part of OP as the defect occurred in the said punjabi jutti during the warranty period. Accordingly the complainant approached this Forum u/s 12 of the Consumer Protection Act 1986 (for short the Act) for a direction to replace the punjabi jutti in question, to pay Rs.50,000/- by way of compensation on account of harassment and mental agony experienced by him.

3. On notice, OP appeared in person and filed its reply to the complaint. In its written statement, OP has admitted the fact that complainant had purchased the said punjabi jutti from it. The plea put forth by the OP is that purchase date of the said punjabi jutti was in March 2015 instead of 25/05/2015 and no warranty of 10 months was given to the complainant at the time of purchasing of the said Jutti. Moreover, OP has denied the fact that he ever said anything in negative to the complainant or he harassed the complainant. After denying all the other averments going against the OP, it was prayed to dismiss the complaint.

4. In support of his case, the complainant produced in evidence his sworn affidavit Ex.CA along with documents Ex.C-1 to Ex.C-3 and closed the evidence.

5. On the other hand, OP tendered in evidence Ex.OPA his sworn affidavit being the proprietor of Sethi Jutti Store and Ex.OPB affidavit of Sh. Lakshay Bansal and closed the evidence.

6. OP filed the written arguments. We have examined the same, heard both the parties in person and gone through the evidence on record.

7. In the present case, the complainant purchased one pair of Punjabi jutti from the OP on 25/05/2015. It is alleged that within a week of the said purchase, the stitches of the Jutti started beading out and the complainant approached the OP who mended the same but the defect could not be rectified. On 04/07/2015, the complainant requested the OP to replace the Jutti with a new one but the OP failed to do the needful. On 08/07/2015, the complainant also served a regd. legal notice i.e. Ex.C-1 to the OP, postal receipt of which is attached as Ex.C-2 but to no effect. Though the OP has not put forth the plea that the complainant had purchased the said Jutti in the month of March 2015, but he has failed to produce any documentary evidence on record in support of this fact. The defect occurred in the punjabi jutti within a week of purchasing the same, when the OP failed to mend the same, he should have replaced it with a new one which he failed to do and it amounted to deficiency of service on the part of the opposite party.

8. In view of the aforesaid discussion, we accept the complaint. Since the defect could not be rectified, therefore, we give a direction to the OP to replace the Punjabi Jutti with a new one. Opposite party is further directed to pay a sum of Rs.1000/- for the harassment undergone by the complainant and also to pay Rs.1000/- as litigation expenses. Order be complied by the opposite party within 45 days of the receipt of the certified copy of the order.

Pronounced

Dated: 02/03/2016

Neelam Gupta Sonia Bansal

Member Member