O R D E R Sri. N. Premkumar (Member): Complainant filed this complaint for getting a relief from the Forum. 2. Fact of the case in brief is as follows:- Complainant purchased a pair of shoes from the Sylcon Shop on 24.8.10. He paid ` 2,235 as price. He used the said shoes occasionally for special functions only. For regular use he had other shoes. After two months the base joints of the shoes derailed. He approached the opposite party and asked to replace new shoes. But opposite party denied it, but offered to repair the shoes. Complainant replied that the finishing of shoes would be lost if repairs would be done and also demand a new one. Opposite party abused the complainant and rejected his demand. Hence this complaint for replacement of damaged shoes with compensation and cost. 3. Opposite party has not entered appearance. Hence they were declared exparte. 4. From the above pleadings, the following points are raised for consideration: (1) Whether the complaint is maintainable before the Forum? (2) Whether the relief sought for in the complaint are allowable? (3) Reliefs & Costs? 5. Point Nos. 1 to 3:- In order to prove the complainant’s case, complainant was examined as PW1. Document produced was marked as Ext.A1. Ext.A1 is the bill for ` 2,235 issued by opposite party for the sale of the shoe. 6. Opposite party has not appeared, hence they were declared as exparte. After closure of evidence, complainant was heard. 7. On the basis of the evidence of the complainant, it was seen that the complainant had purchase a shoe from the opposite party for `2,235. Ext.A1 shows that complainant has paid ` 2,235 as price of the shoes. According to him the shoes has damaged within two months. Even though complainant demanded the replacement of shoes, opposite party denied it. 8. Opposite party neither appeared nor adduced evidence to disprove the complainant’s case. Hence complainant’s case stands proved as unchallenged. 9. It is not disputed that complainant’s shoes were damaged within two months. Ext.A1 shows that he paid the price of shoes. But his shoe has been damaged. Opposite party is not willing to resolve his claim of replacement. It is the boundan duty of opposite party to sell better items, without any fault. Denying replacement of shoes is not only a deficiency of service but also an unfair trade practice. The complainant also brought the damaged shoes before the Forum. At the time of examination, he deposed that he is a resident of Trichur District and he had travelled from Trichur to Thiruvalla and Pathanamthitta and stayed at lodges on several occasion in this connection. Therefore, complaint is allowable with compensation and cost. 10. In the result, complaint is allowed, thereby opposite party is directed to replace the shoes or to pay Ext.A1 price with a compensation of ` 5,000 (Rupees Five Thousand only) and a cost of ` 1,000 (Rupees One Thousand only). The amount so awarded is to be paid within 15 days from the date of receiving of this order failing which the whole amount will follow 9% interest from this date till the realisation of the whole amount. Declared in the Open Forum on this the 29th day of January, 2011. (Sd/-) N. Premkumar, (Member) Sri. Jacob Stephen (President) : (Sd/-) Smt. C. Lathika Bhai (Member) : (Sd/-) Appendix: Witness examined on the side of the complainant: PW1 : Gafoor Exhibits marked on the side of the complainant: A1 : Bill dated 24.08.2010 for ` 2,235 issued by the opposite party to the complainant. Witness examined on the side of the opposite party: Nil Exhibits marked on the side of the opposite party: Nil. (By Order) Senior Superintendent. Copy to:- (1) Gafoor.A.A, Alukaran House, Erivad Post, Kodungallur – 680 666. (2) Sylcon, Neha Leather, TMJ Building, Ramanchira, Thiruvalla. (3) The Stock File. | 
