Asics ordered to pay Rs 10,000 compensation and refund Rs 6,499 to cusomter after shoes develop sole defect

A consumer commission in Chandigarh has directed Asics India to refund the cost of a defective pair of running shoes and pay compensation, holding the company guilty of deficiency in service and unfair trade practice, reported TOI.

The Chandigarh District Consumer Disputes Redressal Commission ordered the company to refund Rs 6,499 — the amount paid for the shoes — along with 6% annual interest. It also directed Asics to pay Rs 10,000 towards compensation for harassment and litigation costs within 60 days.

What was the issue?

The complainant, Ajay Malik, purchased a pair of running shoes from the Asics store at Elante Mall in Chandigarh on August 30, 2020, along with a few other items. The shoes, originally priced at Rs 12,999, were sold to him for Rs 6,499 after a 50% discount, reporte TOI.


According to Malik, he began experiencing discomfort in his ankles within about a month of using the shoes. Upon inspecting them, he found that "the sole was separated from the heel and other sides also the pasting/gel had gone off." He argued that the defect posed a safety risk, as he regularly walked and jogged on the Panchkula-Chandigarh road.

Malik returned the shoes to the store, where he was informed that his claim had been approved. Since the same model was unavailable, he was asked to choose another pair worth Rs 6,500 and signed an exchange form.

However, he alleged that the company later refused to replace the shoes and instead offered him a credit voucher. He rejected the offer several times, insisting on either a replacement or a refund.

In its defence, Asics acknowledged that Malik had approached the store with a complaint and said it had offered an exchange as a goodwill gesture. The company maintained that its technical assessment found no manufacturing defect and denied forcing the customer to accept a credit voucher, reported TOI.

What did the commission say?

The bench, comprising President Amrinder Singh Sidhu and Member B M Sharma, rejected Asics' defence, observing that the company's claim of "no manufacturing defect" was inconsistent with its own actions.

"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 also noted that Asics failed to produce any evidence to support its claim. It observed that the company did not submit any technical report, expert opinion or laboratory analysis to establish that the shoes were free from manufacturing defects.

"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 issue of quality, the commission held that a consumer paying a premium price for branded shoes is entitled to expect a durable product fit for its intended purpose. It observed that the defect surfaced within a month of purchase, indicating that the shoes were substandard and failed to meet the quality a consumer could reasonably expect.

Considering the long gap since the purchase and the likelihood that the same model was no longer available, the commission said ordering a replacement would not be practical. Instead, it directed Asics to refund Rs 6,499 with 6% annual interest from the date of purchase and pay an additional Rs 10,000 towards compensation for harassment and litigation costs. The amount must be paid within 60 days of receiving the certified copy of the order.