PARMINDER SINGH vs MAHAJAN SHOES STORE

DISTRICT Forum-II vide its ex parte order dated 3.1.2000 has dismissed the complaint filed by Parminder Singh, dated 28.7.1998 saying that he had purchased a pair of Windsor Liberty Shoes of Camel colour from respondent-M/s. Mahajan Shoes Store, Sector 19, Chandigarh, for a sum of Rs. 750/- on 13.3.1998 which was found to be of different design. Aggrieved against this, the complainant-appellant has preferred this appeal.

BRIEFLY, the complainant Parvinder Singh, resident of Patiala purchased a pair of Windsor Liberty Shoes of camel colour from respondent for a sum of Rs. 750/- vide cash memo dated 13.3.1998 (Annexure C/1). At the time of purchase, the complainant has averred that he did not check as to how the salesman has packed the shoes in the box which was handed over to him. The complainant noticed about the change in design of the shoes for the first time when he was to attend a marriage party in the month of May, 1998. He reported the matter to the respondent and requested that the shoes be replaced but the respondent refused to change the pair of shoes. On 20.6.1998, the complainant again approached the respondent and again a request was made to change the pair but the respondent did not pay any heed to the request of the complainant. Thereafter the complainant-appellant was forced to send a legal notice through registered post on 30.6.1998 which was received by the respondent on 1.7.1998 the postal receipt has also been attached but despite this also, the respondent turned to deaf earns towards the complainant''s request for change of pair of shoes. Despite notice from the District Forum-II, the respondent did not choose to appear. It has been seen that there has been deficiency on the part of the respondent during the sale of the shoes and subsequently also he neither replied nor appeared in person or through his Counsel either in the District Forum or before this Commission despite the fact that the notices had been duly served and received by him.

The learned Counsel for the appellant has produced here the pair of shoes in question and the change of design of the left shoe with the right one has been apparently seen. Further there is a difference of lining in the front portion of left shoe upper as compared to the right one and the design of the left does not match with the right shoe. The sole of the shoes also differ in design.

IN these circumstances, the deficiency on the part of the respondent is writ large. The order of the District Forum-II is, therefore, set-aside. The respondent is held liable to refund the price of Rs. 750/- to the complainant-appellant with interest at the rate of 18% per annum from the date of purchase, within one month and thereafter the shoes in question shall be deposited with the respondent by the complainant. The respondents are also held liable to pay costs Rs. 500/- to the complainant. Appeal allowed with costs.