The complainant’s case in brief is that OP No.1 is engaged in the business of dry cleaning and laundry and OP No.2 is the Proprietress of OP No.1.  On 11.12.2015 the complainant Smt. Soma Deb handed over three pieces of Ghagra (Lahenga) and one Dhakai Jamdani saree to the branch office of the OPs known as “Laundry Bag” which is OP No.1 and to that effect one bill was issued to the complainant acknowledging receipt of those articles already mentioned for which a charge of Rs.500/- was fixed.  It is contended further that at the time of issuing the said bill being No.2284 dated 11.12.2015 the Branch Head of the OPs had firmly assured the complainant that said four clothes would be delivered to the complainant on 16.12.2015 and accordingly the delivery date was mentioned in the said bill on 16.12.2015.  On 16.12.2015 those were not delivered and so request was made to complainant to come on 28.12.2015 and thereafter on 28.12.2015 it was not delivered and request was again made to complainant to come after seven days.  After seven days when complainant went to the said shop surprisingly she found that shop/branch office of the OPs was closed and thereafter on several occasions the complainant had visited the said shop or branch office of the OPs but all the times she found that the said branch office or shop had been remained closed.  Complainant thereafter visited the office of the OPs situated at Industrial area in Shed No.5 of Sevoke Road for taking delivery of the items but at that time also staff of the OPs requested the complainant to give them time for searching the four clothes of the complainant.  It is mentioned in the petition of complaint that cost of three ghagras are altogether a sum of Rs.23,750/- and the cost of original Dhakai Saree is of Rs.25,000/-.  Finally on 16.10.2016 the staff of the OPs of Industrial area has disclosed the complainant that her said four clothes are not traceable at the custody of the OPs.  Thereafter complainant issued one lawyer’s notice to the OPs through her lawyer Sri Pijush Kanti Ghosh, Siliguri stating inter-alia that entire facts in toto along with a claim of sum of Rs.98,750/- but no reply came from the OPs.  By filing this case complainant has prayed for a sum of Rs.48,750/- along with interest thereon @ 18% on and from 11.12.2015 till full realization of the same and direction upon the OPs to pay a sum of Rs.50,000/- on account of her mental pain, agony and harassment as well as a sum of Rs.10,000/- on account of punitive damages and lastly a sum of Rs.20,000/- at litigation cost. 

The OPs did not appear in this case even in spite of proper service of notices against them.  Hence, the instant case proceeded in exparte manner and ultimately the complainant side filed examination–in-chief in support of this case and filed the documents which were filed in photocopies earlier in originals and made argument orally and prior to that written argument is also filed. 

In order to consider the merit of the case of the complainant we have gone through the petition of complaint itself perused the affidavit-in-chief of the complainant and particularly the documents as filed from the side of the complainant.  There is no doubt in it that the complainant handed over three pieces of ghagra and one saree to Laundry Bag on 11.12.2015 the due date of which was 16.12.2015.  Laundry Bag is OP No.1 which carries on business of dry cleaning at Deshbandhu Para within the jurisdiction of this Forum being a

unit of Polyclothe Industries, OP No.3 while OP No.2 is the Proprietress of OP No.1.  The bill or Invoice No.2284 is the documentary evidence as against this matter of handing over of four items to Laundry Bag by the complainant herself.  From Cash Memo of Sumitra Bastralaya mention of those three ghagras with one Dhakai Jamdani has been there with respective prices as purchased by the complainant Soma Deb on 19.10.2015.  The copy of letter dated 07.12.2016 as issued to the OPs by the ld advocate of the complainant agitating the case matter is also filed with postal receipts and AD cards.  These documents are so filed from the part of the complainant for corroboration of her case.  Ld advocate during argument on behalf of the complainant referred one judgement of Hon’ble National Consumer Disputes Redressal Commission, New Delhi reported in IV (2006) CPJ 213 (NC).  At the time of consideration during careful scrutiny of all the relevant materials on case record we are of the view that the complainant is a rightful consumer in context of this case and definitely deficiency in service has been occurred against the complainant by the OPs.  The case has its territorial and pecuniary jurisdiction to be proceeded in this District Forum.  The case has a right cause of action for which it has been initiated as well as this case has been filed within the statutory period of limitation. 

It is a settled principle of law that complainant is to be prove his/her own case.  We don’t find anything in this case to disbelieve the complainant’s case.  Allegations of the complainant remained uncontroverted.  No counter affidavit is there and accordingly the documentary evidences and testimonials as filed from the side of the complainant remained unchallenged, as a logical corollary of which it can safely be said that case of the complainant succeeds.

Proper fees paid. 

Hence, it is,

                   OR D E R E D

That the Consumer Case No.58/S/2017 be and the same is allowed in favour of the complainant against the OPs in part on exparte with cost. 

The OPs are severally and jointly directed to pay Rs.48,750/- as against the cost of goods/items which are three ghagras and one Dhakai Jamdani saree within 45 days from this date of order along with interest thereon @ 9 % per annum on and from 11.12.2015 till its full realization to the complainant. 

The complainant is also entitled to a sum of Rs.10,000/- from the OPs on account of her mental pain, agony and harassment. 

The OPs are severally and jointly directed to pay a litigation cost of Rs.5,000/- to the complainant. 

The OPs are thus directed to pay to the complainant a total sum of Rs.63,750/- to the complainant within the mentioned period of 45 days from the date of this order failing which the complainant is at liberty to put this order in execution.

Let a copy of this order be handed over to each of the parties free of cost at once.