Date of Filing : 06-09-2013
Date of Disposal : 10-07-2015
BEFORE THE DISTRICT CONSUMER FORUM, PRAKASAM DISTRICT AT ONGOLE.
PRESENT: SRI P.V. KRISHNA MURTHY, B.A., B.L PRESIDENT
SRI K. UMAMAHESWARA RAO, M.A., B.L., MEMBER
This the 10th day of July, 2015
C.C.NO.77/2013
BETWEEN:
Paturi Vengaiah,
S/o. Govindaiah, aged 41 years,
Hindu, Advocate,
R/o. Srinivasa colony,
D.No.6-341(18)
Kurnool road, Ongole,
Prakasam District. … Complainant.
AND
Sri Metro shoes Rep. its proprietor,
Old visitable market, Trunk Road,
Ongole, Prakasam District. … Opposite party.
This complaint under Sec.12 of the Consumer Protection Act, 1986 coming on 09-07-2015 for final hearing before us in the presence of Sri V.Sriramamurthy, advocate for the complainant and the opposite party called absent and having stood over for consideration till this day and this Forum made the following:
ORDER
(ORDER BY Sri K.UMAMAHESWARA RAO, MEMBER)
1. The brief averments of the complainant as are fallows:-
The complainant purchased a new pair of chappals from the opposite party for Rs.1500/- on 06.01.2013. The complainant found the chappals not functioning properly. The complainant approached the opposite party and informed him about the defect. The opposite party promised to replace the chappals with another pair and took return of the chappals purchased by the complainant. The opposite party did not replace the chappals in time. When the complainant demanded him, the opposite party promised to replace the chappals within 10 days and endorsed on a bill dated 12.06.2013. The opposite party failed to do so. The opposite party sold defective chappals to the complainant, which is a deficiency of service. Hence, the complaint for replacement of the damaged chappals, for damages and costs.
2. The opposite party did not contest the matter after receiving the notice.
3. Now the point for consideration is “whether the opposite party committed any deficiency of service”?
4. The complainant filed his affidavit and marked Exhibits A1 to A4. Ex.A1 is the receipt of bill issued by the opposite party dated 06.01.2013. Ex.A2 is the endorsement receipt issued by the opposite party. Ex.A3 is the office copy of the lawyer notice issued by the complainant dated 31.07.2013. Ex.A4 is the acknowledgement.
5. POINT: The complainant contended that the opposite party gave one year guarantee to the said chappals at the time of purchase. But, the said chappals were totally damaged within two months. But the opposite party failed to fulfill the promise i.e., furnishing the new chappals to the complainant within 10 days as mentioned in Ex.A2. But, the opposite party did not do so.
As per the evidence on record we came to know that the opposite party sold the defective chappals to the complainant and also failed to render proper service to the complainant. So, the acts of the opposite party come under the perview of deficiency of service on the part of the opposite party against the complainant. Hence, the point is answered in favour of the complainant.
In these circumstances, we direct the opposite party to refund the cost of new chappals to the complainant. There is no point in asking the opposite party to replace the chappals.
6. In the result, the opposite party is directed to pay an amount of Rs.1500/- towards cost of new chappals, with Rs.1000/- damages and also Rs.1000/- for costs of the complaint to the complainant within 30 days from the date of receipt of this order, failing which the opposite party shall pay interest on Rs.1500/- at 9% p.a., till realization.
Dictated to the Shorthand-writer, transcribed by her, corrected by me and pronounced in the open Forum this the 10th day of July, 2015.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED FOR
COMPLAINANT OPPOSITE PARTY
NONE NONE
DOCUMENTS MARKED FOR COMPLAINANT:-
Ex.A1 : 06.01.2013 : Receipt of bill issued by the opposite party.
Ex.A2 : - : Endorsement receipt issued by the opposite party.
Ex.A3 : 31.07.2013 : Office copy of the lawyer notice issued by the complainant.
Ex.A4 : - : Aacknowledgement.
DOCUMENTS MARKED FOR OPPOSITE PARTY :- NIL
Sd/-
PRESIDENT
Copies to:
1. Sri. Veldi Sriramamurthy, Advocate, Upstair Andhra Bank A.T.M., Opp. District Court, Ongole.
2. Sri Metro shoes Rep. its proprietor, Old visitable market, Trunk Road, Ongole, Prakasam District.
Date when free copy was issued:
