3 weeks ago
Kerala commission orders refund for ill-fitting school uniform pants
A dad bought a pair of black pants for his son's school uniform.
The shopkeeper told him he could bring them back if they did not fit.
At home, the pants did not fit the boy.
The dad went back and asked for his money back.
The store said no and wanted him to pick something else instead.
The dad complained to a special consumer court in Kerala.
The court said the store broke its promise to help.
The store must now return the money and pay extra for the trouble.
This teaches shops that they must keep the promises they make to customers.
A Kerala consumer commission held a clothing store deficient in service for refusing to refund the price of school uniform pants that did not fit the complainant's son.
The father said the salesman assured him the pants could be returned and exchanged if the size was unsuitable when tried at home.
The commission ordered the store to refund Rs 599 and pay Rs 1,000 for mental agony plus Rs 1,000 in litigation costs within one month.
The store argued that no refund was promised, that the son tried the pants on at the shop, and that the father was satisfied with the size.
The commission noted the store itself admitted the purchase offered an exchange and that the complainant did not want another item.
- Who
- A father who bought school uniform pants for his son, the clothing store, and the Kerala consumer commission headed by President P V Jayarajan with members Preetha G Nair and Viju V R.
- What
- The commission ruled the store deficient in service and ordered it to refund the pants and pay compensation for refusing to honour the refund.
- Where
- Kerala, India.
- When
- The order was issued on July 20.
- Why
- Because the store allegedly assured the father the pants could be returned if the size was unsuitable, then refused to refund the money.
Consumer's Side
Store's Side
Refund promise
Consumer's Side
The salesman allegedly assured the father the pants could be returned and exchanged if the size did not fit when tried at home.
Store's Side
The store claimed no refund was promised and that the salesman informed the customer he could take the next size or other products of the same value.
Fitting check
Consumer's Side
The father said the pants could not be assessed properly because his son tried them on over existing clothes at the shop, and the pants did not fit at home.
Store's Side
The store argued the son wore the pants over his existing pants before purchase and the father was fully satisfied with the size after thorough inspection.
Deficiency in service
Consumer's Side
Refusing the refund despite the alleged assurance caused mental agony and financial loss, making the store liable to compensate the complainant.
Store's Side
The store did not produce evidence to support its arguments, and the commission found it had admitted that the purchase offered an exchange.
Key facts
- Refund ordered
- Rs 599
- Compensation for mental agony
- Rs 1,000
- Litigation costs
- Rs 1,000
- Total payable to consumer
- Rs 2,599
- Product in dispute
- Black school uniform pants
- Order date
- July 20
- Payment deadline
- Within one month
- Consumer helplines
- Kerala: 1800-425-1550; National Consumer Helpline: 1915
Quotes
Kerala consumer commission judge
Judge of the Kerala consumer commission
“As the mental agony and financial loss to the complainant was caused due to the deficiency in service on the part of the opposite party (store), we find that the opposite party is liable to compensate the loss sustained by the complainant. In view of the above discussions, we find that this is a fit case to be allowed in favour of the complainant.”
indianexpress.com
Sources
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