Haryana

Fatehabad

CC/161/2021

Anil - Complainant(s)

Versus

Dhillon Burj One Khasra - Opp.Party(s)

Rama Nand

06 Jun 2023

ORDER

BEFORE THE DISTT.CONSUMER DISPUTES REDRESSAL COMMISSION; FATEHABAD.

Complaint No.161 of 2021.

Date of Instt.:09.07.2021.

Date of Decision: 06.06.2023.

Anil son of Shri Prem Singh resident of Employees Colony, Fatehabad Tehisl & District Fatehabad.

..Complainant

     Versus

1. Dhillon Burj One Khasra No.779 (319), 780 (18), 781 (414) Chandigarh- Ambala Highway Zirakhpur its Manager.

2.Decathlon Sports India Pvt. Ltd. Survey No.78/10A20-Chikkrajala Village Bellary Road, Bangalor

..Opposite Parties.

Before:        Sh.Rajbir Singh, President.

                   Smt.Harisha Mehta, Member.       

 

Present:       Sh.Ramanand, Advocate for the complainant.

                   Opposite parties are exparte.

 

ORDER

Smt.Harisha Mehta, Member

                   Brief facts of the present complaint are that the complainant had purchased a pair of shoes from Op No.1 for a sum of Rs.4,999/-  on 07.12.2020 vide invoice No.70104805/2015657; that the shoes in question was having two years guarantee but it got broken soon after its purchase; that the complainant visited the Ops and requested them either to replace the shoes or to refund the amount of the shoes and also got served legal notice upon them but they did not redress his grievance . The act and conduct of the OPs clearly amounts to deficiency in service on their part. In evidence, the complainant has tendered his affidavit as Annexure CW1/A and documents as Annexure C1 to Annexure C8.

2.                Notices were sent to the Ops but during the proceedings of the case none had turned upon on behalf of the Ops, therefore, both these Ops were proceeded against exparte vide order dated 21.07.2022  and 06.01.2023 respectively.

3.                We have heard the complainant and have gone through the case file carefully.

4.                It is established on case file that complainant had purchased the shoes in question from OP No.1 vide invoice Annexure C2. According to the complainant, the shoes in question was having two years guarantee but it got broken soon after its purchased during the guarantee period but they Ops did not redress his grievance. The complainant has placed on file his affidavit as Ex.CW1/A wherein he has testified all the facts so set out by him in his complaint. 

5.                Since the pleadings and contentions put forth by the complainant remained unrebutted as the Ops did not join the proceedings of the case and opted to remain exparte, therefore, we have no hitch to reach at a conclusion that the present complaint deserves acceptance. Hence, the present complaint is allowed.

6.                Keeping in view all the facts and circumstances mentioned above, we allow this complaint and direct the opposite parties to refund the price of shoes i.e. Rs.4,999/- as mentioned in invoice Annexure C2 alongwith interest @ 6 % per annum from the date of filing of complaint till its realization within 45 days from today.  The Ops are further directed to pay a sum of Rs.5500/- in lump sum on account of mental agony, harassment and cost of litigation.

7.                In default of compliance of this order, proceedings against respondents shall be initiated under Section 72 of Consumer Protection Act, 2019 as non-compliance of court order shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty five thousand rupees, but which may extend to one lakh rupees, or with both. A copy of this order be sent to the parties free of cost. File be consigned to the record room after due compliance.     

Announced in open Commission.                                                            Dated: 06.06.2023

 

                                      (Harisha Mehta)                  (Rajbir Singh)                                                   Member                          President