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2003 DIGILAW 276 (UTT)

Pradhuman Bisht v. Bata Shoe Company

2003-11-18

K.D.SHAHI, LUXMI SINGH, SURINDER KUMAR

body2003
JUDGMENT This is an appeal against the judgment and order dated 21.8.2003 passed by the District Forum, Dehradun. 2. The complainant purchased a shoe from Bata Shoe Company, Dehradun. Admittedly it was defective. He agitated the matter before the Company who wanted to change it. When the complainant saw the other shoe which were desired to be given in replacement he found that it was also not up to the mark. He refused to take the shoe. 3. He filed the complaint before the Learned Forum for the refund of the price along with compensation. The Learned Forum did not grant this relief, instead directed the company to replace the shoe of the complainant. 4. The complainant filed this appeal the Bata Shoe Company is still ready to place the shoe. It was also conceded before us that the Bata Shoe Company wanted to pay a sum of Rs. 600/- but the complainant desired more money. 5. The Learned Forum did not decide why the complainant is not entitled to get refund of the sale consideration. Instead granted a relief which was not desired by the complainant. The Forum of the opposite party will not choose the relief to be given to the complainant. It is the prerogative of the complainant who will choose it and it is the duty of the Forum to see whether such a relief can be given or not. The removal of the defect and the replacement of the goods with new goods is not the only relief which can be granted to a consumer by the Forum U/S 14 of the Consumer Protection Act but the Forum can also return to the complainant the price of the articles purchased by him. Admittedly the shoe was defective. And if the complainant chose his remedy of the remedy of the return of the price it should have been returned to him. He has paid a sum of Rs. 599.98/- or say Rs. 600.00/ -, he is entitled for its refund. He has been unnecessarily put to litigation before the Forum and this Commission, therefore, he shall get a sum of Rs. 600/ - as cost of compensation. ORDER The appeal is hereby allowed. The opposite party is directed to pay a sum of Rs. 600/- as the price of the shoe and Rs. He has been unnecessarily put to litigation before the Forum and this Commission, therefore, he shall get a sum of Rs. 600/ - as cost of compensation. ORDER The appeal is hereby allowed. The opposite party is directed to pay a sum of Rs. 600/- as the price of the shoe and Rs. 600/- as cost of compensation to the complainant within a month from today, failing which the complainant shall get interest @ 10% from 21.8.2003 fill the actual date of payment of this amount.