The consumer commission found that the woman took the jeans to her home for trial after the shopkeeper suggested her the same. (AI-generated image)A Srinagar consumer commission has directed an apparel store to pay Rs 12,300 after it allegedly refused to replace or refund a pair of ill-fitting jeans purchased for Rs 1,300 despite assuring the customer that she could exchange or return them if they did not fit. President Dr Farah Deeba and Shabnam Munshi (member) held that the retailer’s conduct caused the woman, Aisha Manzoor, mental agony and amounted to a deficiency in service and an unfair trade practice.“Verily, arrogance on the part of the opposite party (shop) not to respond to the complaint of the complainant would surely have caused serious mental pain, agony, harassment and financial loss to him. All these circumstances taken together would lead to the conclusion that such act of the OP not only amounts to the deficiency of service but also unfair trade practice,” the June 16 order read. The commission was hearing a complaint filed by one Aisha Manzoor, who purchased two pairs of jeans for Rs 1,300 from M Cube Accessories after being assured that she could try them at home and seek a replacement if they did not fit.‘She faced immense pain, harassment’ The commission noted that the shop neither appeared before the commission nor filed a written response or led any evidence in its defence.The consumer body directed the retailer to refund Rs 1,300, being the price paid for the jeans.It further ordered the shop to pay Rs 10,000 as compensation for the mental agony, harassment and financial loss suffered by the complainant, along with Rs 1,000 towards litigation expenses.The commission directed that the amount be paid within 45 days. It observed that the objective of the Consumer Protection Act is to ensure quick and effective redressal of consumer disputes and protect consumers from unfair trade practices.It was pointed out that the Act is to promote the welfare of society and enable the consumers to participate directly in the market economy. A conditional purchase of jeansIt was claimed by Aisha that in January 2025, she went to the said shop, which deals with the sale of jeans, cord sets, customised dresses and other garment materials, for the purchase of jeans and accordingly selected two sets of jeans for the trial.However, it was alleged that due to non-availability of a trial room at the shop, she was told that she could check the size and fitting of the jeans at her home and was assured full replacement of the jeans of the same brand in case of any issue with the fitting and size. Aisha claimed that she accordingly paid an amount of Rs 1300 as a conditional purchase. However, it was alleged that said shop refused to provide any bill or invoice despite requests by the complainant. Story continues below this adAfter reaching home, Aisha alleged that she tried the jeans, but they could not fit her because of the small size. Subsequently, she approached the shop again on the next day with the request to replace the jeans with a bigger size of the same brand, as was assured by them earlier. However, it was alleged that the said shop refused to replace the jeans with the same brand and asked the complainant to take a different set of jeans of some other brand. It was claimed that the complainant refused to take the jeans of a different brand and asked for a refund of the amount of Rs 1300, to which the said shop did not agree and handed over two bills, accounting for four sets of jeans for an amount of Rs 2600. It was alleged that on asking for a refund of the amount paid by the complainant, the shop not only refused but also verbally abused her and also took some photographs. The complainant alleged that she was assaulted and thrashed out of the shop and neither was she refunded the money nor were the jeans replaced. Significance of rulingThis ruling underscores that when a retailer extends assurances to consumers to compensate for the lack of facilities at the store, such assurances become part of the service promised and must be honoured. A shop cannot induce a customer to make a purchase by promising replacement or refund and later refuse to abide by that promise. Story continues below this adConsumer helpline number of respective state and national consumer commission: For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Jammu and Kashmir Consumer Commission Helpline: 1800 180 7114) or call the National Consumer Helpline at 1915 for assistance.Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More Tags:Consumer dispute Redressal Commission