Delhi

North

CC/59/2021

IZHARUDDIN - Complainant(s)

Versus

WINGS BOUTIQUE - Opp.Party(s)

M. NAFEES BUKHARI, KHALIED AZEEZ

02 Jan 2023

ORDER

                                                             

 

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

 

Consumer Complaint No.: 59/2021

Sh. Izharduddin

S/o Sh. Moinuddin

R/o 3158,Kucha Tara Chand,

Darya Ganj, New Delhi-110002                                                        …Complainant

                                                          VS

Wings Boutique

(Through its Owner/ Manager)

At 17A/ 30-31, Ajmal Khan Road,

Karol Bagh, New Delhi-110005.

Phone: 011-45064369 & 011-45019911

E-mail: info@wingsshoes.in                                       …Opposite Party No. 1

 

The Head of office

Wings Shoes (Wings Footwear)

M-9, Main Market, M-Block

Greater Kailash 1, Delhi-110048

E-mail: info@wingsshoes.in                                  …Opposite Party No. 2

         

ORDER

02/01/2023

Ms. Harpreet Kaur Charya, Member:-

Jurisdiction of this Commission has been invoked by Sh. Izharuddin, the Complainant against the Wings Boutique; OP-1 and Wings Shoes as OP-2, with the allegations of deficiency in services and unfair trade practice.

Briefly stated, the facts of the present complaint are that the Complainant purchased a pair of shoes from OP-1 in the month of December, 2020. The Complainant was looking for shoes to be worn at the wedding of his daughter which was to be held in January, 2021. The Complainant was assured about the quality and durability of the shoes stated to be made of pure leather. It has been stated by the Complainant that being convinced, he purchased the shoes brand “Wings” for Rs.2,995/- (Two Thousand Nine Hundred Ninety Five Only) with six months warranty.

It has been further stated by the Complainant that the shoes in question were worn for the first time on 19.01.2021 at the marriage ceremony of his daughter for four to five hours and within four to five hours the sole of both shoes were cracked and the upper material also peeled off.

On 23.01.2021, the Complainant along his friend reached the store of OP-1, where he was assured that either the Complainant would get full refund of           Rs. 2,995/- or a new pair of the same design but better quality within two or three days. On 28.01.2021, the Complainant contacted OP-1, where he was asked to wait for two or three days. Despite several telephonic calls and personal visits from 06.02.2021 to 19.02.2021, the Complainant only got assurance. The Complainant has stated that not only OP-1 was rude but also clearly refused to either refund/replace the shoes as assured earlier. Legal notice dated 23.02.2021 was sent to OP-1 and OP-2 demanding the replacement/ refund. The Complainant has also alleged that upon the receipt of the legal notice a package containing inferior quality of shoes was delivered to the Complainant on 06.03.2021 which was not only of lower price but also of cheap quality. It has been stated by the Complainant that no bill/ guarantee card for the shoes was sent as they were of lower price. The Complainant found that the same and identical pair of shoes at online shopping site “Flipkart” was available for Rs. 473/-(Rupees Four Hundred Seventy Three Only). On 07.03.2021, a reply to the legal notice was sent by OP-1.

Feeling aggrieved by the conduct of OP’s , the Complainant has prayed for direction to OP-1 and OP-2 to refund of Rs. 2,995/- being the cost of the original shoes; Rs. 1,00,000/- compensation of mental agony and harassment; Rs. 1,500 on account of conveyance expenses incurred by the Complainant to visit OP-1 and Rs. 25,000/- as litigation and other expenses.

The Complainant has annexed the original repair slip as Annexure-A, Legal Notice dated 23.02.2021 as Annexure-B alongwith postal receipts as Annexure-C (colly), printout of email and internet track records are as Annexure-D and Annexure-E respectively; printout of online shopping site as Annexure-F photograph of the shoes as Annexure-G, reply to the Legal Notice by OP-1 alongwith envelope as Annexure-H & H1 respectively.

Notice of the present complaint was served upon OP-1 and OP-2.

Written Statement was filed by OPs where they have taken several pleas in their defence such as the Complainant’s issue had been settled by OP-1 by replacement of the shoe with the better quality. The allegations made by the Complainant could not be decided in summary proceedings. It was admitted that the Complainant had visited the outlet of OP-1 and had bought a pair of medium range party wear formal shoes for Rs. 2995/- which required due care and were to be worn in appropriate conditions for preserving and quality. It was further admitted that the Complainant had visited on 23.01.2021 raising concern about his shoe and it was noticed that the said shoes were worn roughly in wet conditions. Since, the shoes were under warranty the Complainant was assured that after necessary repairs the same would be return and if the need be they would be replaced for which acknowledgment receipt was issued to the Complainant after receiving original memo/ bill.

It was found that the shoes were damaged and beyond repairs therefore, it was decided to send a new pair of shoes of even better quality to the Complainant. It was further submitted that OP-1 had contacted the Complainant many times to collect the replacement of shoes but everytime the Complainant expressed his inability to collect the same as he was pre-occupied and could not visit the outlet. Therefore, OP-1 was compelled to send the same through speed post/ registered post which has been acknowledged by the Complainant in the complaint itself.

It was further stated that the Complainant had filed the present complaint with intention to defame, harass and extort money from OP-1. It has been prayed that the complaint may be dismissed and  cost of Rs. 1,00,000/- be imposed on Complainant for abuse of process of law and wasting the time of the Commission, Penalty of Rs. 50,000/- be imposed on Complainant to set an example to stop such false and frivolous complaints being made to the Commission, direct the Complainant to pay Rs. 1,00,000/- to the OP-1 as cost for causing harassment to the OP-1, direct the Complainant to pay Rs. 50,000/- to the Opposite Party No.1 as cost for litigation and other expenses incurred in the proceedings by the Opposite Party No.1

Evidence by way of affidavit was filed by the Complainant, where he has deposed on oath the contents of the complaint and has got exhibited the original repair job receipt as Ex-CW-1/1, Legal Notice and postal receipt as Ex-CW-1/2 and Ex-CW-1/3 (colly). Printout of emails sent to OPs as Ex-CW-1/4. The Complainant has also got exhibited the printout from the shopping site as       Ex-CW-1/5 and photograph of the shoes sent as replacement as Ex-CW-1/6. Reply on behalf of OP-1 to the Legal notice alongwith postal envelope has been annexed as Ex-CW-1/7 & Ex-CW-1/8.

Sh. Arjun Singh, Authorised Representative of Wings Boutique &Anr. has been examined on behalf of OP-1, he has also reiterated the contents of their written statement on oath. He has stated that OP-1 is not the manufacturer of the shoes purchased by the complainant and the complaint was immediately forwarded to the manufacturer, who in turn replaced the shoes.

We have heard the arguments on behalf of Ld. Counsel for Complainant and Ld. Counsel for OP and have gone through the written arguments.  The complainant has alleged that the shoes sent as replacement of the original shoes were not only of inferior quality but also of much lesser value. 

In support of his allegations, the complainant has placed on record the printout from the online shopping site where the shoes sent as replacement were of Rs.473/- (Annexure F & Annexure G). The complainant has also argued that shoes in replacement were sent after the legal notice was served upon OPs.   The factum of purchase of original shoes and their breakage is not in dispute.  OP-1 and OP-2 have placed nothing on record to rebut the allegations of the complaint.  At the same time the OP-1 in their written statement has given an evasive reply with respect to the allegation of non supply of bill of the replaced shoes, this also amounts to unfair trade practice under the Consumer Protection Act, 2019.  Therefore, we hold OP-1 and OP-2 jointly and severally liable for deficiency in service and unfair trade practices.

In the facts and circumstances, of the present complaint, we direct OP-1 and OP-2 to refund the cost of the original pair of shoes i.e. Rs.2,995/-.  We also award compensation of Rs.10,000/- on account of mental agony and harassment, inclusive of litigation expenses.  The complainant is also directed to return the replaced shoes to OPs upon receipt of the above-mentioned amount.

This order be complied within 30 days from the receipt of this order else Rs.12,995/-(Rs.2,995/- plus Rs. 10,000/-) shall carry interest @9% p.a. from the date of order till realization.

          Office is directed to supply the copy of this order to the parties as per rules.  Order be also uploaded on the website. 

Thereafter, file be consigned to the record room.

 

(Harpreet Kaur Charya) Member

(Divya Jyoti Jaipuriar) President