Footwear trader fined for selling defective shoes

Tribune News Service

Amritsar, December 17

The district consumer disputes redressal forum has directed a footwear seller to refund Rs 2,499 to a local resident to whom he sold a defective product, along with Rs 2,000 as compensation and Rs 1,000 as litigation expenses.

Gurkaran Singh, a resident of Maqboolpura, had filed a complaint against Relaxo Footwears Retail Shoppers stating that he had purchased a pair of shoes for Rs 2,499 from the opposite party having one year warranty.

He alleged that the sole and the upper part of the said pair of shoes gave way only after nine days due to which the complainant got his ankle injured and had to suffer severe pain. Gurkaran said that his complaint was not entertained by the firm.

The opposite party, in its reply, denied the warranty claim of the complainant. It stated that the maximum warranty period for the said product was 75 days.

The reply stated that sole of the product had only minor pasting issues to which the opposite party agreed to repair. The opposite party offered the complainant resolution by offering 50 per cent refund as well as repair of the product but the complainant was adamant and did not agree for amicable resolution, the firm claimed. It was submitted that the complainant was not eligible for 100 per cent refund because there was no issue report to the opposite party within 15 days of purchase.

The forum observed that it is settled principle of law that in case two plausible views are available under given set of facts, the court shall be obliged to the view which was favourable to the consumer.

It also observed that the opposite party, by admitting the defect in the shoes, offered 50 per cent refund of the sale price as such the opposite party admitted that the shoes became defective within warranty period.

It stated that the complainant had to run from pillar to post to redress his grievances as he had to approach the opposite party at first, and when the grievance was not redressed, he had to file instant complaint by spending a huge amount as he had to hire the services of an advocate.