NEW DELHI: A consumer commission in Chandigarh has directed Asics India to refund the price of a pair of defective running shoes and pay compensation, after holding the company guilty of deficiency in service and unfair trade practice.The Chandigarh District Consumer Disputes Redressal Commission ordered a refund of Rs 6,499 — the price paid for the shoes — along with 6 per cent annual interest, plus Rs 10,000 towards compensation and litigation costs, within 60 days.What was the issueThe complainant, Ajay Malik, bought a pair of running shoes from the Asics store in Elante Mall, Chandigarh, on August 30, 2020, along with some other items. The shoes, listed at Rs 12,999, were sold to him for Rs 6,499 after a 50 per cent discount.Malik alleged that within about a month, he felt discomfort in his ankles and on checking found that “the sole was separated from the heel and other sides also the pasting/gel had gone off.” He said the defect could have caused him serious injury, since he regularly walked and jogged on the Panchkula-Chandigarh road.He returned the shoes to the store, where he was told his claim had been approved. Since the same model wasn’t available, he was asked to pick another pair worth Rs 6,500 and signed an exchange form.However, he claimed the company later refused to exchange the shoes and instead offered him only a credit voucher, which he repeatedly rejected while asking for either a replacement or a refund.Asics, in its defence, admitted that Malik had visited the store and complained about the shoes, and said it had offered to exchange them as a goodwill gesture. The company denied any manufacturing defect, saying its technical analysis found none. It also denied ever forcing Malik to accept a credit voucher.What did the commission sayThe bench comprising President Amrinder Singh Sidhu and Member B M Sharma rejected Asics’ defence, noting that the company’s claim of “no manufacturing defect” did not hold up.“Had there been no defect whatsoever, there was no occasion for the OP to approve the claim of the complainant and process the same for exchange,” the commission said.The commission further pointed out that Asics had failed to back its claim with any evidence. It said the company had not submitted any technical report, expert opinion, or lab analysis to prove that the shoes were free of a manufacturing defect.“The plea of the OP that the complainant started raising demand for illegal sum from it is also not substantiated by any cogent documentary evidence. OP has also not placed on record any documentary evidence in the shape of email/WhatsApp chat etc. to prove that it ever requested the complainant to visit the store for the exchange but still he failed to comply with the same,” the commission further noted.On the question of quality, the commission held that a customer paying a high price for branded shoes is entitled to expect them to be durable and fit for use. It said the defect appearing within a month of purchase showed that the shoes were substandard and did not meet the quality a consumer would reasonably expect.As a long time had passed since the purchase and the shoes were unlikely to still be available for replacement, the commission said it would not be practical to order a replacement. Instead, it directed Asics to refund Rs 6,499 with 6 per cent interest per annum from the date of purchase, and pay an additional Rs 10,000 as compensation for harassment and litigation costs — to be paid within 60 days of receiving the certified order.
