Complaint u/s 12 of the Consumer Protection Act.
Before Sh. Jagmal Singh……….President
Sh.Anil Sharma…….Member.
Present:- Complainant in person.
Opposite party exparte.
ORDER:
(Anil Sharma, Member)
This complaint has been filed by the complainant u/s 12 of the Consumer protection Act 1986, on the averments that complainant is an Advocate by profession and facing heel-ache problem. So, on the advice of doctor he used the special shoes, which are specially manufactured for that particular purpose i.e. medicates shoes. Since then, he is wearing energy boost shows of Addidas, which never gave any problem to him. It is further alleged that on 16.01.2018 complainant purchased a new pair of shoes of Addidas company but the said shoes of energy boost were not available in the entire market. On this OP told that they are having much better shoes of Skechers company in compare to energy boost of Addidas (Jo Ki Addidas Ka Baap Hai.) OP further said that if the complainant buys this pair of shoes as per advice, then it will not give the complainant any problem and further said even after wearing the said shoes, the complainant can walk and stand continuously for 10-12 hours and guaranteed that the complainant will be more comfortable and relaxed. He further assured that if the said pair of shows gives any problem then he will refund the entire money to the complainant. On this assurance complainant purchased a pair of shows worth Rs.4999/- of black colour irrespective of that, there were sale on the shoes but the OP advised the complainant to buy the abovesaid pair of shoes from fresh stock, as the shoes is of a superior quality. After arrival at house, the complainant worn the said pair of shoes for half an hour but soon he realized that the pain started to accrue in his both heels and he immediately removed the said shoes. On the next day i.e.17.01.2018, the complainant approached the OP and told the problem and asked him to refund the money. On this, the OP said that there is no provision for refund of money at their shop. Although, the complainant remained the OP that he had disclosed the entire thing regarding the medical problem of the complainant and assurance was given by him that in case any problem accrued in the heels after wearing the said shoes, then he would definitely return the money. But the OP was adamant and flatly refused to return the money. In this way there was deficiency in service on the part of the OPs. Hence complainant filed the present complaint.
2. Notice of the complaint was given to opposite party. None put into appearance on behalf of OP despite service. Therefore, exparte proceedings were initiating against him, vide order dated 2.2.2018.
3. Complainant tendered into evidence affidavit Ex.CW1/A and documents Ex.CW1/1 to Ex.CW3/3 and closed the evidence on 20.06.2018.
4 We have heard the complainant and have also gone through the documents placed on file carefully.
5. The case of the complainant is that on 16.01.2018 he purchased one pair of shoes of Skechers company in compare to energy boost of Addidas. At the time of purchase of abovesaid shoes OP assured the complainant that he can walk and stand continuously for 10-12 hours and he will be more comfortable and relaxed. The OP assured that if the said pair of shoes give any problem then OP will refund entire money. But when complainant used the shoes of OP company for half and hour the pain started in his both heels. On the next day i.e.17.01.2018 he approached the OP and narrated the problem and requested to refund the cost of the shoes as per his promise but OP refused to return the same. In support of his version complainant placed on the file his affidavit Ex.CW1/A documents Ex.CW1/1 to Ex.CW3/3. On the other hand, the OP did not appear and opted to be proceeded against exparte. Therefore, the evidence of the complainant has gone unrebutted and unchallenged and there is no reason to disbelieve the same. Thus, from the evidence of the complainant it stands established that the pair of shoes purchased by him from the OP were not upto the mark as demanded by the complainant and the OP has refused to return the same as per his promise which is a an unfair trade practice and hence the OP is deficient.
6. As a sequel to the foregoing reasons, we accept the present complaint and direct the OP to pay to the complainant Rs.4999/- as value of the shoes subject to the condition that the complainant would return the pair of shoes to the OP. We further direct the OP pay Rs.1100/- to the complainant on account of mental agony and harassment suffered by him and for the litigation expenses. This order shall be complied within 30 days from the date of receipt of copy of this order. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.
Announced
Dated: 1.6.2018
(Jagmal Singh)
President,
District Consumer Disputes
Redressal Forum, Karnal.
(Anil Sharma)
Member
