BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Mansi Sharma d/o Sh.Deepak Sharma, r/o H.No.753, Sector 7, Panchkula.

…..Complainant

                                      V E R S U S

Westside, 28-A, Industrial Area, Phase – I, Chandigarh.

                                                ……Opposite Party

CORAM:     SH.P.D.GOEL                                    PRESIDENT

                   SH.RAJINDER SINGH GILL               MEMBER

                   DR.(MRS) MADANJIT KAUR SAHOTA  MEMBER

Argued by:    Complainant in person.

                        Sh.Manoj Kumar Misra, authorized representative of OP.

PER P.D.GOEL,PRESIDENT

1.           Briefly stated, the facts of the case are that the complainant purchased pair of shoes for a sum of Rs.1799/- from the OP. The OP gave a warranty of one year but after about one month, the shoes got cracked and became defective. The said fact was brought to the notice of the OP but to no avail. Hence, this complaint.

2.           OP filed the reply, wherein, the factum of purchase of shoes on 15.8.2011 had been admitted. It has been pleaded that as per the complainant, the shoes were damaged within a month but she sought the return of shoes on 7.1.2012 i.e. after a period of 5 months from the date of its purchase. On 7.1.2012, the complainant was informed that since a considerable time had lapsed, so the executive at the store level could not take an immediate decision on the exchange/return sought by her. That after taking the approval from the higher authorities, the store staff visited the residence of the complainant and made an offer to exchange the shoes but she refused. Hence, there was no deficiency in service on its part and prayer for dismissal of the complaint has been made.  

3.           Parties led evidence in support of their contentions.

4.           We have heard the complainant in person and the authorized representative of the OP and have also perused the record. 

5.           The complainant contended that she purchased pair of shoes for a sum of Rs.1799/- from the OP on 15.8.2011 vide bill No.SLF02W050030019696 at page No.5 of the complaint with warranty of one year but after about one month, the shoes got cracked and became defective. The said fact was brought to the notice of the OP but to no avail.

6.           The authorized representative of the OP admitted with regard to the purchase of shoes on 15.8.2011. It was submitted that as per the complainant, the shoes were damaged within one month but she sought the return of shoes on 7.1.2012 i.e. after a period of 5 months from the date of its purchase. It was lastly submitted that it was not possible at the executive level of the OP to take decision on the exchange/return of the shoes sought by the complainant as it requires the approval from the higher authorities. After getting the approval from the higher authorities, the store staff of the OP visited the residence of the complainant and made an offer to exchange the shoes but she refused.

7.           The admitted facts may be noticed thus ;

i)            That the complainant purchased the pair of shoes for a sum of Rs.1799/- from the OP on 15.8.2011.

ii)           That the complainant sought the return/replacement of shoes on 7.1.2012 i.e. after a period of 5 months from the date of its purchase.

iii)           That the higher authorities of the OP agreed to exchange the shoes in question, to which, the complainant did not agree.

8.           It is proved on record that the higher authorities of the OP has agreed to exchange the shoes in question after filing of the complaint. Thus, the complainant is entitled for compensation and litigation costs, which are assessed at Rs.1500/-.

9.           As a result of the above discussion, the complaint is allowed and the OP is directed to replace/exchange the shoes in question, failing which, to refund Rs.1799/- being the price of the shoes to the complainant along with interest @ 9% p.a. from the date of filing of the complaint till its realization. The OP is also directed to pay Rs.1500/- to the complainant as compensation for mental agony and harassment and costs of litigation. This order be complied with by the OP within one month from the date of receipt of certified copy of the order.

10.          Certified copies of this order be sent to the parties free of charge. The file be consigned.