DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Thursday the 30^th day of November 2023

CC.496/2023

Complainant

Ranjith. V,

Ramanika, Kommeri. P. O,

Kozhikode - 7

Opposite Parties

                       Skechers,

Zimson Trading,

PK Complex, C. H. Flyover Junction,

Red Cross Road,

Kozhikode - 673032

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT.

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.   The case of the complainant, in brief, is as follows:

On 2/9/2022 the complainant purchased a pair of shoes paying Rs. 7,999/- from the Skechers, Cherooty road branch, Kozhikode. After 5 months, the front portion of the shoes has broken. The shoe’s sole began to separate from the tip of the shoe.The complaint was reported to the opposite party, who assured to replace the same after contacting the company. But no positive action was taken by the opposite party in this regard. When he contacted the opposite party multiple times within 2 months, he was asked to send an e-mail to the company. Accordingly, he sent an e-mail to the company for which, the company sent a reply that the product could not be replaced after 3 months of the sale as they promote 90 days warranty on manufacturing defect and they agreed to repair the product. But there is no mention about this in the bill issued to him.Hence the complaint seeking replacement of the product with a new one, or in the alternative, refund of the price.

3. The notice issued from this Commission by registered post on 3/11/2023 was duly served on the opposite party. But the opposite party failed to respond to the notice and remained absent and hence set ex-parte.
4. The points that arise for determination in this complaint are:                                                                                                                                (1) Whether there was any deficiency of service on the part of the opposite party, as alleged?                                                              (2) Reliefs and costs.
5. The complainant was examined as PW1 and Exts A1 to A4 were marked.
6. Heard
7. POINT No. 1  :  The complainant has approached this Commission with a grievance that the pair of shoes purchased by him from the second opposite party paying Rs. 7,999/- on 2/9/2022 became defective within 5 months and opposite party neglected to address his concerns over the product.
8. PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the tax invoice dated 2/9/2022 for having purchased the pair of shoes for Rs. 7,999/- from the opposite party, Ext A2 is the copy of the e-mail dated 14/08/2023 sent by the complainant to the customer care of Skechers, Ext A3 is the copy of the response dated 18/8/23 and Ext A4 is the copy of the photo of the shoes. 
9. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim of the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A4. Gross deficiency of service on the part of the opposite party stands proved. The complainant is entitled to get replacement of the product with a new one or in the alternative, refund of the price.
10. Point No. 2:   In the light of the finding on the above points, the complaint is disposed of as follows;

      a)  CC.496/2023  is allowed.

b) The opposite party is hereby directed to replace the pair of shoes sold to the complainant as per Ext A1 with a new pair of shoes of similar description which shall be free from any defect, or in the alternative, refund the purchase price of Rs. 7,999/- (Rupees seven thousand nine hundred and ninety nine only) to the complainant, after taking back the defective pair of shoes.

c) The order shall be complied with within 30 days of the receipt of the copy of the order.

d) No order as to costs

Pronounced in open Commission on this the 30^th day of November 2023.

Date of Filing: 17/10/2023

                                            Sd/-                                                      Sd/-                                                         Sd/-

                                   PRESIDENT                                          MEMBER                                              MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 - Copy of the tax invoice dated 2/9/2022.  

Ext A2 - copy of the e-mail dated 14/08/2023 sent by the complainant to the customer care of Skechers,

Ext A3 - Copy of the response dated 18/8/23.

Ext A4 - Copy of the photo of the shoes.  

Exhibits for the Opposite Party

NIL

Witnesses for the Complainant

PW1  -    Ranjith. V (Complainant)

Witnesses for the opposite parties 

 Nil

                                              Sd/-                                                               Sd/-                                                      Sd/-

                                      PRESIDENT                                                  MEMBER                                            MEMBER

True Copy,

                                                                                                                                                                   Sd/-

                                                                                                                                                        Assistant Registrar