IMPORTANT POINT
Complaint of complainant can be dismissed being beyond scope of warranty terms and conditions.

The present revision petition has been filed against the order of Punjab State Consumer Disputes Redressal Commission (in short, the State Commission) dated 16.06.2017 in Appeal No. 337 of 2017 filed by the petitioner against the order dated 03.03.2017 of the District Consumer Disputes Redressal Forum, Ludhiana (in short, the District Forum), whereby his complaint no. 58 of 2016 was dismissed.

2. The brief facts of the case are that petitioner purchased a pair of shoes from respondent no.1 on 24.01.2015 vide receipt no. SC 1509 for a sum of Rs.2759/- under the discount scheme. He used those shoes but shoes fell apart and on 30.05.2015, he deposited the shoes with OP No.1 against the receipt. He was told by Op No.1 that he could buy another item of the same value but petitioner refused on the ground that he did not need any other item and requested Op no.1 to arrange another pair of shoes or refund the payment of the said shoes. Because the respondents did not agree to his request to refund the money, he filed the complaint. His complaint was dismissed by the District Forum on the following grounds:

“7. Complainant has relied on retail invoice Ex. C1 for proving that he purchased the pair of shoes from OP1 on 24.01.2015 by paying the discounted price of Rs.2759/-. MRP of the sold shoes was Rs.4599/-. The case of the complainant is that this pair of shoes was purchased on discount of 40% on MRP in offer during festive offer annual sale period. On Ex. C1 itself, it is mentioned through clause No.4 that warranty against manufacturing defects in the product exists for only three months from the date of purchase. That warranty as per clause No.5 printed on Ex. C1 itself, can be availed against manufacturing defects, but not due to mishandling of the product. As per clause No.2 of Ex. C1 product once sold can only be exchanged from the store from where they were purchased. This exchange offer as per clause No.3 of Ex. C1 permissible only, if the product returned in an unused condition within 15 days from the date of purchase. However, the case of the complainant is that after purchase of the shoes in question on 24.01.2015, the defect in the shoes developed on May 2015 i.e. after more than four months of purchase. This defect occurred when shoes were used by complainant and as such, terms and conditions of exchange offer printed as condition No.2 and 3 on Ex. C1 not applicable in this case because exchange offer permissible only on return of the shoe in unused condition. So the case in hand governed by condition No.4 printed on Ex. C1.

8. As already referred above, as per condition No.4, the warranty exists against the manufacturing defect for only three months from the date of purchase and as such, it is obvious that this warranty was to remain in force until 23.04.2015 because shoes were purchased on 24.01.2015. Until 23.04.2015, no defect in the pair of shoes in question developed, but the same developed in May 2015 as per claim of the complainant and as such, certainly submissions advanced by Sh. Sachin Seth, Advocate for OP1 to OP3 has force that complainant is not entitled to any relief because the warranty period even expired before May 2015.

9. It is well settled that terms and conditions printed on the retail invoice bill are binding on the contracting parties, who are complainant and OP1 in this case. So complainant cannot wriggle out of the condition No.4 of Ex. C1. As warranty period was already over and as such, adamancy of the complainant in not accepting the goodwill gesture offer denudes him from claiming the replacement of the shoes now. Even if the complainant may have sent letter Ex. C3 through postal receipt Ex. C4 or even Ex. C5 and Ex. C6, but despite that he is not entitled for any relief except to seek return of the pair of shoes deposited by him with OP1. Even if through Ex. C2, the broken shoes accepted for claim, despite that complainant is not entitled for any claim of refund or replacement of