BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.207 of 2016

Date of Instt. 10.05.2016

Date of Decision : 02.08.2016

Baldev Raj son of Late Sh.Sohan Lal, R/o H.No.98-B/6, New Suraj Ganj (West), Jalandhar.

..........Complainant Versus

Apsra Dyers and Dry Cleaners, Ambedkar Chowk, Nakodar Road, Jalandhar through its authorized person/proprietor.

.........Opposite party

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Sh.Parminder Sharma (Member)

Present: Sh.Vivek Jain Adv., counsel for the complainant.

Opposite party exparte.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act against the opposite party (hereinafter called as OP) on the averments that complainant gave his black coat to the OP for dry clean vide receipt No.13409 dated 3.1.2016 and charged Rs.170/- for dry clean of the coat of the complainant with date of delivery on 4.1.2016. On 4.1.2016 in the evening when the complainant visited the OP work place to get his coat back, the OP handed over the coat to the complainant and when the complainant looked at the coat, he was shocked to see that there exists many spots on the backside of the said coat and when the complainant complained about the same to the OP, the OP assured the complainant that the OP will remove the said spots and requested the complainant to collect the coat after two or three days. After about one week, the complainant again visited the work place of OP and asked for his coat but the OP told the complainant that the said spots are un-removable and the same can not be removed. Complainant told the OP that it is due to their fault, the spots appeared on the coat of the complainant and they failed to remove the same. As such, the coat of the complainant has been totally spoiled and can not be used. Complainant submitted that the OP failed to remove the spots on the coat of the complainant and also failed to return the coat of the complainant as removal of the spots. On such averments, the complainant has prayed for directing the OP to refund the cost of the coat i.e. Rs.5500/-. He has also claimed compensation.

2. Notice of this complaint was given to the OP but nobody has turned-up despite service and as such it was proceeded against exparte.

3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CW1/A alongwith copies of documents Ex.C1 to Ex.C3 and closed evidence.

4. We have heard the learned counsel for the complainant and minutely gone through the record.

5. From the averments and evidence produced on record by the complainant, it stands fully proved on record that complainant gave his black coat to the OP for dry cleaning vide receipt No.13409 dated 3.1.2016 and charged Rs.170/- for dry clean of the coat of the complainant with date of delivery on 4.1.2016. On 4.1.2016 complainant visited the OP shop to get his coat back after dry clean and the OP handed over the coat to the complainant and when the complainant checked the coat, he found that there exists many spots on the backside of the said coat. The complainant immediately brought this fact to the notice of the OP and the OP assured that the said spots will be removed and the OP took back the coat of the complainant and requested the complainant to collect the coat after 2/3 days. However, after about one week, complainant again visited the OP and asked for his coat but the OP told the complainant that the said spots are not removable and the OP failed to remove the same despite their best efforts. Complainant told the OP that it is due to their faults that the spots appeared on the coat of the complainant and the OP failed to remove the same. As such, the coat of the complainant has been totally spoiled and can not be used. Complainant submitted that the OP failed to remove the spots on the coat of the complainant and also failed to return the coat of the complainant after removal of the spots. The OP has also failed to pay the price of the coat which were amounting to Rs.5500/- despite service of legal notice dated 9.3.2016 Ex.C2 through registered post, postal receipt of which is Ex.C3 nor the OP submitted any reply to the legal notice served by the complainant upon the OP. Learned counsel for the complainant submitted that all this amounts to deficiency of service on the part of the OP qua the complainant.

6. Complainant proved all his averments as narrated in the complaint above through his affidavit Ex.CW1/A and also proved on record receipt dated 3.1.2016 Ex.C1 vide which complainant gave his coat to the OP for dry cleaning; as well as legal notice Ex.C2 which was duly served upon the OP by the complainant. The evidence produced on record by the complainant remained unrebutted and unchallenged as none appeared on behalf of the OP despite service to contest the complaint filed by the complainant nor any person on behalf of the OP dared to file any affidavit to rebut the evidence produced on record by the complainant. So, it stands fully proved on record that the OP received the coat of the complainant for dry cleaning vide receipt dated 3.1.2016 Ex.C1 and charged Rs.170/- for the dry clean of the coat of the complainant but instead of cleaning the coat of the complainant, the OP created spots on the backside of the coat of the complainant. Complainant brought the same to the notice of the OP and they assured the complainant to remove the same and took back the coat from the complainant but the OP failed to remove the spots. The complainant has successfully proved that the spots appeared on the coat of the complainant during dry cleaning of the coat of the complainant by the OP. So, OP was responsible either to remove the spots on the coat of the complainant or to pay the price of the coat to the complainant because the coat has become unwearable as its look shaby and a normal person can not wear such a coat with spots on it. The complainant has deposed on oath that the value of the coat is Rs.5500/- which includes the price of the clothe of the coat and its stitching charges. The OP has failed to rebut the evidence and averments of the complaint. As such, we hold that the OP is liable to refund the price of the coat to the complainant.

7. Consequently, we partly allow the complaint exparte with cost and the OP is directed to pay the price of the coat to the complainant i.e. Rs.5500/- within 15 days from the date of receipt of copy of order, failing which OP shall be liable to pay interest @ Rs.9/- % per annum on this amount from the date of filing of the complaint till the payment is made to the complainant. OP is also directed to pay the cost of litigation to the tune of Rs.1000/- to the complainant. Copies of the order be sent to the parties free of cost under rules. File be consigned to the record room.

Dated Parminder Sharma Bhupinder Singh

02.08.2016 Member President