Chandigarh Consumer Commission Order Asics India To Refund Price Of Defective Shoes, Pay Rs.10,000 Compensation
The Chandigarh Consumer Disputes Redressal Commission held Asics India Pvt. Ltd. liable for deficiency in service and unfair trade practice for failing to replace or refund the amount for a defective pair of running shoes, despite approving the consumer's claim for exchange. The bench presided by Mr. Amrinder Singh Sidhu along with Mr. Brij Mohan Sharma as member directed the shoe company to refund the purchase amount along with compensation of Rs.10,000/-.
Brief Facts
Ajay Malik (complainant) purchased a pair of Asics running shoes for Rs.6,499/- after 50% discount. Within a month, the sole of the shoes started separating from the heel and the sides, which caused discomfort to the complainant while running. He claimed an exchange in the store and it was approved. However, instead of replacing the shoes, the company allegedly asked him to accept a credit voucher. But the complainant either wanted a refund or a replacement. Despite his repeated requests, the company failed to either refund or replace the damaged shoes.
Arguments by Asics India Pvt. Ltd.
The company acknowledged that the complainant had bought a pair of shoes and reported a defect later. However, they alleged that after technical examination of the damaged shoes, no manufacturing defect was found. They contended that the offer to exchange them was only a goodwill gesture. They argued that it was the complainant who refused to exchange and instead demanded unreasonable monetary relief. They denied any deficiency on their part.
Decision
The Chandigarh Commission noted that if the shoes had no inherent defect, then there was no reason to accept the exchange claim made by the complainant. It also noted that the company failed to provide any technical report or expert opinion to prove that the shoes were free of manufacturing defect.
The Commission observed that a consumer purchasing expensive branded running shoes is entitled to expect reasonable durability and fitness for its use. The shoe got damaged after one month of purchase, which indicated that the product was substandard. Thereby, it held Asics India liable for deficiency in service and unfair trade practice for not refunding the purchase amount or exchanging the shoes. The company was directed to refund the purchase amount of Rs.6499/- with 6% annual interest from the date of purchase and further awarded Rs.10,000/- towards compensation and litigation costs.
Case Title: Ajay Malik vs. Asics India Pvt. Ltd.
Case Number: DC/AB1/44/CC/37/2021