DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR
Complaint no. 622
Instituted on: 22.11.2017
Decided on: 09.01.2018
Neeraj Kalra son of Nanak Chand Kalra resident of H.No.81 Patiala Gate Sangrur.
…. Complainant.
Versus
Singh Shoes through its Proprietor Killa Market Opposite Raymond Showroom Near Mangla Art Gallery Sangrur.
….Opposite party.
FOR THE COMPLAINANT: Shri Mohit Verma, Advocate
FOR THE OPP. PARTY : Exparte.
Quorum
Sukhpal Singh Gill, President
Sarita Garg, Member
ORDER:
Sukhpal Singh Gill, President
1. Neeraj Kalra, complainant has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that he purchased shoes from the OP on 5.7.2017 for an amount of Rs.700/- and the payment was made through PAYTM on mobile phone number 9988023605 vide reference no. TXN.ID.12116732298. The complainant has alleged that he demanded the bill but the OP did not gave the same and assured that if any problem comes in the shoes within one year then the same will be replaced or refunded the bill amount. After two months of its purchase the shoes started giving problem as its leather started torn from front side and also side of sole starting leaving the colour and leather of the shoes started separate from the upper part of sole. Thereafter the complainant requested the OPs so many times to replace the shoes or refund the price amount but OP refused to do so. Thus, alleging deficiency in service on the part of OP, the complainant has sought following reliefs:-
i) OP be directed to change the shoes or to refund Rs.700/- alongwith interest @12% per annum from purchase till payment,
ii) OP be directed to pay to the complainant a sum of Rs.50,000/- on account mental agony and harassment and Rs. 5500/- as litigation expenses.
2. Notice was sent to the OPs but none has appeared for the OP despite service. As such OP was proceeded exparte.
3. The complainant has tendered documents Ex.C-1 to Ex.C-5 and closed evidence.
4. From the perusal of documents placed on the file and after hearing the arguments of the learned counsel for the complainant, we find that it is the case of the complainant that he purchased shoes from the OP on 5.7.2017 for an amount of Rs.700/- and the payment was made through PAYTM on mobile phone number 9988023605 vide reference no. TXN.ID.12116732298. The complainant has alleged that he demanded the bill but the OP did not give the same and assured that if any problem comes in the shoes within one year then the same will be replaced or refunded the bill amount. It has been further stated by the complainant that after two months of its purchase the shoes started giving problem as its leather started torn from front side and also side of sole starting leaving the colour and leather of the shoes started separate from the upper part of sole. The complainant has also produced on record copy of receipt of Paytm Ex.C-2 to support his case. The OP has not come forward to contest the case of the complainant rather they chosen to remain exparte. As such the evidence produced by the complainant has gone unrebutted on record.
5. For the reasons recorded above, we allow the complaint and direct the OP to pay to the complainant an amount of Rs.700/- being cost of shoes. We further direct the OP to pay to the complainant an amount of Rs.2000/- on account mental pain agony and harassment and litigation expenses.
6. This order of ours shall be complied with within 30 days from the date of receipt of copy of the order. A copy of the order be supplied to the parties free of charge. File be consigned to records in due course.
Announced
January 9, 2018
(Sarita Garg) (Sukhpal Singh Gill) Member President
