Complainant Major Som Nath Advocate has filed the present complaint against the opposite parties U/S 35 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to replace the defective pair of sandals with new or refund the money paid for purchase of sandals with interest. Complainant has also prayed for imposing fine of Rs.10,000/- upon the opposite parties and Rs.2000/- for undue harassment and litigation charges for causing pains suffering and harassment to him.

2.       Complainant purchased a pair of sandals model 'LOM- 428-43' vide bill No.4079 on 21.07.2022 from the shop of opposite party for a consideration of Rs.1539/-. On 26.07.2022 some cracks were noticed in sandals. Complainant was shocked and surprised as the sole of the sandals got separated from the upper part. Sandals were rendered defective.

3.       That on 27.07.2022 complainant visited the shop of opposite party No.1 and complained about defective sandals and requested them to replace the sandals with the new or refund the money. The sales man told him that the sandals in question were purchased on discount and as per company items purchased on discount do not carry warranty/guaranty. Hence, the sandals can neither be replaced nor the money can be refunded.

4.       At the time of purchased of sandals complainant was not aware of the fact that items purchased on discount had no warranty or guaranty. Hence, not disclosing the terms and conditions at the time of purchase amounts to keeping the customer in dark which means exploiting /looting the customers. This amounts to not only high handedness on the part of the opposite party No.1 but also a clear cut deficiency in service and for this the opposite parties are liable to pay face the litigation and consumer is entitled to replacement of defective sandals with the new pair or refund of the money with costs hence this complaint.

5.       Notice were issued to the opposite parties but they did not appear and were proceeded against exparte vide order dated 29.09.2022.

6.       Complainant has tendered into evidence his duly sworn affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C6 including photographs.

7.       Written arguments have not been filed by the complainant.

8.       We have carefully gone through the pleadings of the complainant and have also appreciated the evidence produced on record with the valuable assistance of the complainant for the purposes of adjudication of the present complaint.

9.       From the facts and circumstances above it is established that complainant had purchased pair of sandals from opposite party No.1 and manufactured by opposite party No.2. After about a week of purchase the sandals were rendered defective and complainant approached opposite party No.1 for the remedy. But opposite party No.1 refused to redress the grievance of the complainant and also failed to appear before this Commission to contest the case of the complainant.   

10.     From the evidential part, it is proved that the complainant time and again approached opposite parties for removal of his grievance but was unnecessarily harassed by opposite parties which amounts to deficiency in service on the part of opposite parties. The opposite parties did not bother to appear in the Commission and prefer to proceed exparte vide order dated 29.09.2022 and also failed to satisfy the complainant and also did not care to contest the claim of the complainant and rebut the evidence led by him as aforesaid and as such it can be concluded without any hesitation that either opposite parties admit the claim of the complainant or have nothing to say in the matter. In this way, the evidence led by the complainant goes unrebutted and unassailed.

11.     In view of the aforesaid discussion, facts and circumstances of the case, the present complaint is partly allowed and opposite parties are directed to replace the pair of sandals with new one of similar make or to refund the full price amount which was paid by the complainant at the time of purchase. Opposite parties are further directed to pay Rs.3,000/- to the complainant as litigation and harassment. The entire exercise will be completed by the opposite parties within 45 days from the receipt of copy of orders failing which the above said amount shall carry interest @ 6% per annum till its realization.

12.     The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

13.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.                                                                                                                                                         

             (Naveen Puri)

                                                                              President.   

Announced:                                                    (R.S.Sukhija)            

Oct. 28, 2022                                                        Member.                          

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