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Complaint against defected shoes
Divisional Forum awards Rs 6000 compensation
7/28/2007 11:12:18 PM
JAMMU, JULY 28- Divisional Consumer Forum, Jammu has awarded compensation of Rs.6000 to the complainant Desh Kumar r/o Panjnara Tehsil Kalakote, who purchased a rubber shoe from a shopkeeper and after wearing the shoe he found lot of injuries on the sole of his feet and lost the eye-site .
Consumer Forum comprising Mr. SL Pandita its President and Minu Sharma its member, in a complaint filed by the complainant of far-flung area through a journalist in which the complainant submitted that he purchased a rubber shoes from the shop of Dev-Dutt and after wearing the shoe he found injuries and lost the eye-site, issued notice to the shop-keeper who submitted his bill in which it was found that the said shop-keeper purchased the shoes from Bittu Footwear Jammu.
The judgment written by Mr. SL Pandita after hearing the counsels for the parties observed that the footwear had been purchased by the complainant (victim) to protect his feet but the shoe instead protecting his feet have caused serious problem/diseases to him. The services have been available against consideration which has been paid, so relationship of consumer and service provider is their between the complainant and respondents Dev Dutt of Panjnara Kalakote and Bittu Footwear Shabeel Wali Gali City Chowk Jammu who happens to be supplier/manufacturer of the item that has caused problem. The said shoes being used are full of imperfection as regards their quality and nature and having not rendered service which was required, so there being imperfection in the nature of performance of shoes which have caused decease to the complainant a case of deficiency in service in this case. Keeping in view the nature of injury that has been inflicted on the complainant/victim by the defective shoe purchased by him from Dev-Dutt which had been supplied Bittu Footwear; the responsibility squarely falls on both the respondents and they are bound to compensate the victim for the injuries caused to him.
Keeping in view the facts and circumstances of the case, compensation of Rs 6000 is awarded in the instant case, out of which Rs 4000 shall be paid by Bittu Footwear and Rs 2000 shall be paid Dev Dutt, the Forum ordered. The amount be deposited before the Forum within 45 days from today failing which interest @ 9 per cent shall be chargeable on the amount till realization, the Forum ordered
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