S.P.THIRUMALA RAO vs BATA SHOE STORES, MYSORE

THIS appeal is directed against the order dated 27.3.1991 passed by the District Forum, Mysore in Complaint No. CPA/242/90-91 on its file.

IT arises in this way : The appellant purchased a pair of shoes from the Respondent on 12.7.1990 for Rs. 194.40. After using them for about a month, the complainant found the bottom portion of the shoe of the left foot have come out. Then he approached the respondent for replacement As his request was not complied with by the respondent, he filed a complaint before the District Forum for replacement of the shoes and payment of incidental expenses of Rs. 200/- and other reliefs deemed fit by the District Forum. The Respondent regretted the inconvenience caused to the customer and stated that he had addressed a letter to the appellant requesting him to visit his shop and to get the matter settled. But as die appellant did not turn up, the matter could not be settled. On hearing both sides, the District Forum directed the Respondent to refund the sum of Rs. 194.40 to the complainant on receiving the damaged pair of shoes from him within a period of 60 days from the date of the order. Being dissatisfied with the said order, the complainant preferred this appeal.

We heard the appellant and respondent''s representatives. The appellant stated that he visited the shop of the respondent which is situated at a distance of 5 km from his house four times. He has not given evidence regarding the conveyance by which he travelled the said distance. Anyway, he must have spent some amount for that purpose. He must have also spent some amount for going to the District Forum and for preferring this appeal. Regard being had to all the circumstances, we think it proper to award Rs. 100/- towards costs.

IN the result, the appeal is partly allowed and the respondent is directed to pay Rs. 294.40 to the appellant on receiving the damaged shoes from him within one month from today. Appeal partly allowed.