1. In this complaint grievance of the complainant is with regard to a pair of shoes purchased by him for his daughter from the shop run by respondent after making payment of Rs. 150/- which becomes defective due to its low quality. According to the complainant respondent was approached but after prevaricating for some time he refused to replace the defective shoes. He was served necessary legal notice in this regard but of no avail.
2. Respondent did not choose to appear in this court inspite of due and effective service, so he was ordered to be proceeded exparte vide order dated 17-08-09. The complainant produced in the evidence postal receipt Exhibit "PA" showing dispatch of legal notice mark "A" to the respondent. He produced in the Court the defective pair of shoes Exhibit "PB" and verified the complaint on oath before the Court.
3. In the absence of any contrary evidence in rebuttal. This complaint is accepted and respondent is directed; to replace the shoes with new one of similar description free from any defect or return the complainant the price charged; besides, Rs. 1000/- as legal charges, within one month of the passing of this order. File be consigned to the record room after its due completion.