Rs 9,000 shoes develop defect within 15 days; man wins replacement, loses legal expenses
The bench of commission president Sukhvir Singh Malhotra and member Ravi Kumar was hearing the man's complaint against the manufacturer and retailer. According to the IE report, the company did not file its written statement within the prescribed period, and the commission dismissed its plea seeking condonation of the delay on March 24, 2025. Its written statement was therefore not taken on record.
A Delhi buyer who paid Rs 9,000 for premium men’s shoes won a consumer case after the footwear developed a stitching defect within 10 to 15 days of purchase. According to an Indian Express report, the East Delhi District Consumer Disputes Redressal Commission directed the seller to replace the shoes with a new pair of the same brand and size, extend the warranty by three months and pay Rs 2,500 as compensation.
The commission, however, declined the buyer’s claim for litigation expenses, holding that he filed the complaint before giving the seller adequate time to complete an already accepted replacement request. The pair carried a three-month warranty, but he alleged that the stitching on the upper portion began tearing after only 10 to 15 days of use. He said he approached the seller’s store for a replacement after noticing the damage.
According to his complaint, the issue was not resolved and the shoes were neither replaced nor returned to him, IE reported. He sent a legal notice to the company on December 5, 2023. Alleging that it neither responded to the notice nor replaced the footwear, he moved the consumer commission seeking a replacement, Rs 50,000 in compensation and Rs 25,000 towards litigation costs. Seller’s defence not admitted The bench of commission president Sukhvir Singh Malhotra and member Ravi Kumar was hearing the man's complaint against the manufacturer and retailer.
According to the IE report, the company did not file its written statement within the prescribed period, and the commission dismissed its plea seeking condonation of the delay on March 24, 2025. Its written statement was therefore not taken on record. In written arguments, the company claimed that it had replaced the complainant’s shoes on three earlier occasions to maintain customer satisfaction.
It also alleged that repeated replacement requests raised questions about the buyer’s conduct. The commission said these contentions could not be fully considered because the written statement was not on record. It further observed that the seller had not explained why complaints about the product had allegedly arisen repeatedly, IE reported. Commission finds deficiency and final directions “The complainant is able to prove the deficiency on the part of the opposite party (the manufacturer), however, there is another aspect that the opposite party in its written statement—although which cannot be read in evidence—mentioned that the request for replacement was made by the complainant which was accepted but before the shoes could have been replaced the complainant has filed the present complaint case just to get compensation,” the IE report quoted the commission as saying in its September 30 order.
While accepting that the buyer had proved deficiency, the commission found some merit in the seller’s submission while dealing with litigation costs. It noted that the shoes were returned to the store on November 1, 2023, and the legal notice was served on December 5, 2023. If the replacement request had been accepted, the buyer should have allowed the seller reasonable time to act on it, the bench held.
According to the IE report, the commission partly allowed the complaint and directed the seller to provide a new pair of shoes of the same brand and size. It also ordered an extension of the warranty by three months and payment of Rs 2,500 as compensation. 4L penalty The seller must comply within 30 days of receiving the order. In case of default, interest at 9 per cent per annum will apply on the compensation amount from the date of filing the complaint until realisation.
Consumers facing early product defects should preserve the purchase bill, warranty card, photographs of the damage and records of communication with the seller. A written replacement or repair request, along with copies of any legal notice, can help establish the claim before a consumer commission. For grievances in Delhi, consumers can contact the state helpline at 1800-11-4000 or the National Consumer Helpline at 1915.
