MR LAXMI NARAYAN PADHI, PRESIDENT… The fact of case is that, the complainant being allured with attractive advertisement on TV & other media had procured a Khadims Shoe from the above OP.1 bearing its invoice No. INV/0053414/15-16, on dt.11.10.2015 for Rs.2699/-. That after use of just a month the shoe got damaged, looks like very old, folding lines appear over the shoe, signing dull and appears as a low price shoe as footpath material. So the complainant approached the OP company through email on dt.20.12.2015 to which he got a mobile message where in specified that ‘you bring the defective shoe to our showroom and we will exchange it with a new one’. As the complainant is a busy advocate, and it is quite hard on his part to travel 300 Kms for exchange a shoe, hence he requested the OP.s to exchange the same at his locality as the OP carrying their business at Nabarangpur town through so many dealers and retailers. But till yet the OP.s neither replaced the shoe nor pays its price to the complainant. Hence the complainant inflicted mental agony, and financial losses due to the arbitrary actions of OP.s. So he prayed before the Forum to direct the OP.s to pay the price of alleged product and a sum of Rs.40,000/- as compensation and cost for such unfair trade practice and deficiency in service on the part of OP.s.
2. The OP.s in spite of receiving notice neither appeared nor cared to file their counter in the case despite several chances given to them within its admission. Hence the OP.s set ex parte as per provisions of C.P.Act.1986 and the forum proceeded to decide the case as evidences available in records filed by the complainant. The complainant has filed cash invoice of the alleged product, email paper addressed to OP.s etc. The complainant has been minutely heard the case and perused the record.
4. From the above submissions, it reveals that the complainant has purchased the shoe in question on dt.11.10.2015 and the same became damaged with in a period of one month. It is seen that, the complainant time and again approached the OP.s for replace or its price, but the OP.s neither complied his request nor replied to this forum’s notice in spite of several persuasions. Considering the evidences, submissions by the complainant, we are of the view that, the alleged product has manufacture defect and the OP.s failed to render satisfactory service to the complainant deliberately. Thus the complainant inflicted mental agony with the defective shoe, and also inflicted financial losses and valuable times due to the negligence and unfair practices of OP.s, hence he prayed for compensation.
5. From the above transactions and perusing the submissions filed by the complainant, we have orally verified the alleged product and found defect as alleged. It is further noticed that, the OP.s despite receiving notice of this forum are failed to take any steps to settle the matter with complainant and there is nothing doubt in the contentions of complainant without appearance, filing counter and evidences by the OP.s, hence we feel that the actions of OP is illegal, highhanded, arbitrary and unfair which amounts to deficiency in service and hence they found guilty under the C.P.Act 1986, so the complainant is lawfully entitled for compensatory relief. As thus the complaint is allowed against the OP.1 with cost.
O R D E R
i. The opposite party no.1 supra is hereby directed to pay the price of the allege shoe i.e. Rs.2699/- (Two thousand Six hundred & Ninety nine) inter alia, to pay Rs.30,000/-(Thirty thousand) as compensation and a sum of Rs.5000/-(Five thousand) towards the cost of litigation to the complainant.
Pronounced on this the 18th day of Oct' 2016.
Sd/- Sd/-
MEMBER PRESIDENT, DCDRF,
NABARANGPUR.
