Haryana

Ambala

CC/19/2022

Rahul Dhiman - Complainant(s)

Versus

Woodland Shop - Opp.Party(s)

Rohit Kumar

24 Apr 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

 

Complaint case no.	:	19 of 2022
Date of Institution	:	14.01.2022
Date of decision	:	24.04.2023

 

Rahul Dhiman aged 30 years son of Sh. Shiv Kumar Resident of H. No.100, Court Road, Ambala City.

          ……. Complainant.

                                                Versus

1. Woodland, Shop No.4, Prem Nagar, Old Delhi Road, Ambala City through its Manager Atul.
2. Aero Club (Woodland India) thought its Managing Director Harkirat Singh, 2168, Gurudawara Road, opposite Post Office New Delhi-110005.

 

 ….…. Opposite Parties

 

Before:        Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:        Shri Rohit Dhiman, Advocate, counsel for the Complainant.

                    OPs No.1 and 2 already ex parte.

                                              

Order:        Smt. Neena Sandhu, President.

 

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To pay Rs.2995/- i.e. the price of the shoes in question along with interest @ 18% p.a.
2. To pay compensation to the tune of Rs.10,000/- for causing harassment, agony and mental torture, financial loss to the complainant, along with interest @ 18% p.a.;
3. To pay Rs.33,000/- as litigation expenses

 

Or

Grant any other relief which this Commission deems fit in the facts and circumstances of this case

 

2.             Brief facts of the case are that the complainant is working in Hardware shop at Court Road, Ambala City.  OP No. 1 is a retail outlet of OP No.2 and is responsible for sale of its manufactured products. The complainant purchased one FWR Men Shoe G-777 Y 15. Olive 43 vide Invoice No. 202006N102001376 dated 14/01/2021 for Rs.2995/- from OP No.1. At the time of purchase of the said shoes, OP No.1 had assured the complainant about the quality and performance thereof and told that the same carries one year warranty. To the surprise of the complainant, the Sole Pasting of the shoe suddenly detached and stitching also got detached within few days of its use. The complainant immediately went to the show room of the OPs in the matter. OP No.1 took the shoe from the complainant and issued Repair Slip No.155 dated 23/03/202l and asked the complainant to come after two weeks to collect the shoe. Since March, 2021 the complainant has been  visiting the show room of the OPs, but they have neither replaced the shoe nor have repaired the same. There is a manufacturing defect in the said shoes and the OPs with dishonest intention induced the complainant and sold defective shoes to him, thereby causing him mental agony and harassment. Hence this complaint.
3.           Upon notice, none appeared on behalf of the OPs No.1 and 2, before this Commission, therefore, they were proceeded against ex-parte vide orders dated 29.11.2022 and 07.04.2022 respectively.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CA alongwith documents as Annexure C-1 and C-2 and closed the evidence on behalf of the complainant.
5.           We have heard the learned counsel for the complainant and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that though the shoes in question were found defective and damaged within a short span of its purchase, yet, OP Nos.1 and 2 by neither replacing it with a new one nor refunding the price thereof are deficient in providing service and guilty of adoption of unfair trade practice.

 

7.           It is evident from the retail invoice dated 14.01.2021, Annexure C-1 that the complainant had purchased one pair of shoes from OPs No.1 and 2 for an amount of Rs.2995/- inclusive  of all. It is also coming out from the record that thereafter the complainant lodged complaint with the OPs and handed over the defective shoes to them vide customer receipt dated 23.03.2021, Annexure C-2, wherein it was clearly mentioned that the shoes are being landed with the complaint of pasting and stitching and the same were under warranty period. It is the definite case of the complainant that after landing the said shoes with the OPs for its repair or replacement with a new one, the OPs did not entertain him and in this manner,  his grievance remained unaddressed.  It is significant to mention here that, as stated above, notice of this complaint was sent to OPs No.1 and 2 seeking their version, yet, nobody appeared on their behalf, despite service,  as a result whereof, they were proceeded against ex-parte vide order dated 29.11.2022 and 02.05.2022 respectively. This act of OPs No.1 and 2 draws an adverse inference against them. The non-appearance of OPs No.1 and 2 shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant went unrebutted & uncontroverted. Thus, by neither replacing the defective shoes with a new one, nor refunding the amount paid by the complainant, the OPs No.1 & 2 have committed deficiency in service.  The Ops No.1 & 2 are thus, not only liable to refund the amount of Rs.2995/- i.e. cost of the shoes, but are also liable to compensate the complainant for mental agony and physical harassment caused to him.  In catena of judgments, the Hon’ble Superior courts/Commissions have already held that compensation is required to be fare & just and not unreasonable.  As such, we are of the considered view that if we award lump sum amount in the sum of Rs.5000/- towards cost of shoes, compensation and cost of litigation, it will suffice the purpose and ends of justice will meet.
8.                     For the reasons recorded above, this complaint is allowed and OPs No.1 and 2 are jointly and severally directed to make payment of lump sum amount of Rs.5000/- to the complainant within the period of 45 days from the date of receipt of the certified copy of this order, failing which the aforesaid amount shall carry interest @6% p.a. from the date of default till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room. 

 Announced:- 24.04.2023.

 

 

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President