IN THE CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM

       Dated this the 25^th day of July, 2022

                                                                                              Filed on: 31/11/2017

               PRESENT:

               Shri.D.B.Binu                                                                       President

               Shri.V.Ramachandran                                                         Member 

                                     C.C.No.479/2017

Complainant      :

1. Suneer K.M., Kanthakkaparambil House, Thengodu P.O., Via. Kakkanad, Ernakulam 682 030.
2. Ishan Suneer, S/o. Suneer K.M., Kanthakkaparambil House, Thengodu P.O., Kakkanad, Ernakulam PIN 682 030 Rep. by Suneer K.M.

(Rep. by Adv. Raja Raja Varma, “Gourinandanam”, VRRA-5, Vayanasala Road, Chithirapuzha, Thripunithura, Ernakulam 682 309)

                                         Vs.

Opposite party  :

1. M/s. Cosmos Sports World LLP Kochi, 32/1747C, Vankarath Towers, near Palarivattom Signal, Ernakulam 682 025.

(Rep. by Adv. Shinod K., ‘Devika’, P.O. Marikkunnu, Calicut 673 012

2. M/s. Freewill Sports (P) Ltd., 392, Leather Complex, Kapurthala Industrial Area, Jalandhar, 144 001 Rep. by its Managing Director          

O R D E R

D.B.Binu, President.

1. A brief statement of facts of this complaint is as stated below:

On 25.10.2017 the complainant purchased one pair shoe of Nivia for an amount of Rs.939/- from the opposite party there after within twenty days of its purchase the sole was damaged and the first Opposite Party refused to replace the same. the complainant approached the commission seeking an order directing the Opposite Parties to refund the amount of Rs.939/- and Rs.8,500/- as compensation.

2. Notice

Notice was issued from the Commission to the opposite parties and the opposite parties received the notice, entered appearance and the first O.P filed version.  The second Opposite Party did not file their version.

3. Version of the Opposite Party

The complaint is not maintainable either in law or on facts. Hence the same is liable to be dismissed with the cost. The averment in the paragraph No.1 of the complaint that "on 25.10.2017 the complainant purchased one pair shoe of Nivia for an amount of Rs.937/-, there after within twenty days of its purchase the sole was damaged and this Opposite party refused to replace the same etc are false and highly misleading one. Hence the said allegation is hereby denied by this Opposite Party. It is submitted that on 25/10/2017 Mr. Ishan visited our show room and purchased the "FB shoes Nivia Ditamar 1" as per bill No. KOC 10227/17-18. It was a football shoe (Boot). The complainant herein never purchased the above said product from the first Opposite Party showroom on 25/10/2017 or any other date as alleged by him in the complaint. Such a false allegation was made with an intention to tarnish the good will and reputation of this Opposite Party among customers’ Shoes Nivia Ditamar 1" is a football shoes (Boot) manufactured only for the usage in football grounds. If the said products used in the concrete surfaces like Basket Ball court etc its sole will be damaged. "FB Shoes Nivia Ditamar 1" football shoes (Boot) sold by Opposite Party as per bill No. 10227 2017-18 dated 25-10-2017 to the complainant was a quality product manufactured by "M/s Freewill Sports Ltd, 392, Leather Complex, Kapurthala Industrial Area, Jalandhar-144004 having good will and reputation in the market. There was no inherent manufacture defect on the product at the time of the purchase. The complainant has purchased the said product after verifying the quality of the product. More over after the sale of the said product to the complainant, who has purchased the same from our show room never approached this Opposite Party with any complaint with respect to the product purchased by him. The manufacture of the said product is not providing warranty for its products like "FB Shoes Nivia Ditamar 1". Since many of the sports items are not covered by warranty. Hence the above complaint is liable to be dismissed.

4. Evidence

The complainant had produced 2 documents and marked as Exhibit A1 and  MO1.

1. Exhibit A1: True photocopy of the bill dated 25/10/17
2. MO1 marked on 04/10/19

     5. The main points to be analysed in this case are as follows:

          I)       Whether the complaint is maintainable or not?

II)      Whether there is any deficiency in service or unfair trade practice from the side of the opposite party to the complainant?

III)     If so, whether the complainant is entitled to get any relief from the side of the opposite party?

IV)     Costs of the proceedings if any?

The issues mentioned above are considered together and is answered as follows:

We have gone through EXHIBIT A1 Photostat copy of the bill. The allegation of the Opposite Party in the version that the complainant had never visited Opposite Party, either on 25/10/2017 or on any other date seems incorrect, since the complainant had produced the GST invoice issued by COSMOS Sports World LLP, Kochi dated 25/10/2017 for the purchase of  ‘FB SHOES NIVIA DITAMAR’ for Rs.939/- and hence the argument of the Opposite Party that the complainant never visited the Opposite Party cannot be taken into account. There is no dispute regarding the shoe was purchased by the complainant for his son and thus becomes a beneficiary of the product purchased and comes under the definition under section 2(1) (d) of the Consumer Protection Act, 1986. MO1 is seen marked without any objection on 04/10/2019. This prima facie leads to the conclusion that the product is defective and hence is liable to be replaced or the purchase price to be refunded. The case was posted several times for Adalat and no settlement was arrived in between the parties. Hence it is our considered opinion that the purchase price of the shoes is to be refunded with cost to the complainant.

Hence it the prayer is partly allowed as follows:

1. The 1^st and 2^nd Opposite Parties shall refund the amount of Rs.939/- along with interest @ 9 % from the date of purchase to the complainant within 30 days of the receipt of the copy of the order.
2. The 1^st and 2^nd Opposite Parties shall refund amount of Rs.2,500/- along with interest @ 9 % from the date of receipt of the money to the complainant within 30 days of the receipt of the copy of the order.

The above order shall be complied within 30 days from the date of the receipt of copy of this Order.

Pronounced in the open Commission on this the 25^th day of July 2022

                                                                                                            Sd/-

                                                                                                D.B.Binu, President            

Sd/-    

              V.Ramachandran, Member

Forwarded/by Order

Despatch date:

By hand:     By post                                                                Assistant Registrar.

kp/

CC No.479/2017

     Order Date: 25/07/2022