This is an appeal against the judgment and order dated 21.8.2003 passed by the District Forum, Dehradun.

2. The complainant purchased a shoe from Bata Shoe Company, Dehradun. Admittedly it was defective. He agitated the matter before the Company who wanted to change it. When the complainant saw the other shoe which were desired to be given in replacement he found that it was also not up to the mark. He refused to take the shoe.

3. He filed the complaint before the Learned Forum for the refund of the price along with compensation. The Learned Forum did not grant this relief, instead directed the company to replace the shoe of the complainant.

4. The complainant filed this appeal the Bata Shoe Company is still ready to place the shoe. It was also conceded before us that the Bata Shoe Company wanted to pay a sum of Rs. 600/- but the complainant desired more money.

5. The Learned Forum did not decide why the complainant is not entitled to get refund of the sale consideration. Instead granted a relief which was not desired by the complainant. The Forum of the opposite party will not choose the relief to be given to the complainant. It is the prerogative of the complainant who will