Case Title: Nek Ram Shyam vs. Nike Showroom
Recently, the Shimla District Consumer Disputes Redressal Commission, led by Dr. Baldev Singh and Mr. Jagdev Singh Raitka, came to a decision in a case involving a Nike Showroom. The consumer complaint revolved around a pair of shoes that developed a manufacturing defect within the warranty period. The consumer, Mr. Nek Ram Shyam, found himself at odds with the showroom when he sought assistance for his faulty purchase, and was turned away.
Mr. Shyam bought a pair of Nike shoes for Rs. 17,595/- on 17th September 2021. Despite misplacing the cash memo, Shyam had proof of his purchase through a transaction made at his bank, Punjab National Bank in Shimla. The showroom had promised top-quality shoes with a one-year warranty. However, a mere three months in, the shoes’ sole got punctured. When Shyam’s son visited the showroom with pictures of the damaged shoes, they were denied any help. This led Shyam to file a complaint against the showroom, citing deficient service and unfair trade practices.
The Commission, upon reviewing the evidence, acknowledged that the Nike Showroom had failed to address the issue or offer any resolution. Interestingly, the showroom chose not to challenge the complaint, leading the commission to proceed ex-parte.
The verdict came down in favour of the consumer. The Commission found the Nike Showroom guilty of deficient service and unfair trade practices. Thus, the showroom was directed to give a full refund of Rs. 17,595/- to Mr. Shyam. Additionally, they were ordered to pay Rs. 5,000/- for causing mental distress and agony, and another Rs. 5,000/- to cover litigation costs. Furthermore, if required, the showroom was instructed to collect the faulty product at their own expense.
This case was led by Mr. Anil Chauhan, Advocate, on behalf of the Complainant, while the showroom was represented ex-parte.
This judgment reiterates the importance of consumer rights and the responsibilities of businesses to uphold their promises. It highlights the role of warranty in purchases and the consequences of deficient service and unfair trade practices.
