Order No.                 .

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that she purchased one new saree at a cost of Rs.1,500/- on 03-10-2012.  Thereafter, she wore during Puja festivals and one marriage ceremony.  Thereafter, he handed over the said saree to the OP for cleaning on proper receipt.  After that on the fixed date of delivery complainant went to the OP’s shop for taking delivery after repeated attempts and at the time of delivery when it was checked by the complainant it was found two places of the saree were torn and complainant refused to accept it and claimed compensation.  Thereafter complainant went to the head office of the OP to contact with them but the owner of the OP did not contact and refused to pay any compensation.

          Finding no other alternative and also considering their negative attitude and also their unfair business practice she lodged a complaint to the CA&FBP, Kolkata Central Region where mediation was started to solve the problem and complainant claimed Rs.1200/- as compensation but at the request of the officer of CA&FBP she agreed to receive Rs.1,000/- but OP was willing only to pay Rs.600/- but ultimately, OP did not agree to pay Rs.1000/- and considering such sort of behaviour and conduct of the OP and getting no redressal complainant prayed for relief before this Forum.

          On the contrary, OP by filing written statement submitted that no doubt complainant deposited the saree for cleaning and after cleaning it was ready for delivery.  Complainant appeared but refused to accept the saree mentioning minor cut marks in the said saree but same is curable in nature and OP wanted to cure the said defect.  Compliainant wanted the said defect to remain and intended to take advantage to damage the reputation of the OP and for getting compensation she cooked up such story and no doubt OP appeared in the mediation held by CA&FBP and agreed to pay Rs.600/- the valuation of the used saree but complainant did not agree to receive and for which mediation failed before the CA&FBP and fact remains complainant made some fictitious and false allegations and there was no laches on the part of the OP and, in fact, entire story is concocted for which the complaint should be dismissed.

Decision with Reasons

On overall study of the complaint and the written version and also relying upon the argument of the Ld. Lawyer of the complainant and Ld. Lawyer for the OP it is found that everything is undisputed in respect of the matter excepting the fact that at the time of taking delivery of the saree in the said saree complainant pointed out minor cut marks and refused to take delivery of the same and fact remains she claimed replacement of the saree with similar one but same is not possible to handover it and Ld. Lawyer for the OP tried to convince that they explained the complainant that the damage is minor and curable though OP does not admit that damage was caused in their workshop of the OP but OP wanted to cure damages on their own cost provided the complainant give in consent but complainant did not give any consent only for the purpose of getting more compensation and value as demanded by the complainant this case was filed before the CA&FBP and OP agreed to pay her compensation of Rs.600/- or the old saree after curing defects but complainant did not agree for which this case is filed so apparently there is no laches on the part of the OP and moreover it was impossible for any person to say at the time of taking delivery of the cleaned saree to say without opening the saree whether there is any cut mark or any damage inside the saree that means at the time of taking charge of saree in question for cleaning OP casually saw it, it was not possible to search out such a negligible torn within the saree and as because OP failed to search out such a cut mark at the time of receipt complainant has taken such chance to get compensation in this case.  On the other complainant has submitted that he purchased the saree on 03-10-2012 at a cost of Rs.1,500/- from Saraf Brothers of 24, Kalakar Street, Kolkata – 700 007 and that receipt is submitted.  Fact remains the OP Holywood Dyer receipt the said saree for cleaning and fact remains the amount of cleaning charge was paid but it is undisputed fact that at the time of delivery two minor cut marks or torn portion or two holes were found and OP agreed to pay Rs.600/- or to return the saree after proper cure but complainant refused to accept it. 

          Practically after proper assessment of the entire evidence and materials on record we find that at the time of taking the saree by the OP for cleaning no negligible torn portion was detected by the OP and there is no such mention in the receipt that the disputed saree had any torn mark there.  Apparently there is no other alternative but to hold that intact saree was received by the OP for cleaning from the complainant but negligible tearing were found at the time of delivery.  So, invariably it is the duty of the OP either to compensate for such damage may be it is negligible.  And no doubt the saree was just purchased by a lady for some specific purpose and if after cleaning it is found it is torn invariably her sentiment is hurt and value of sentiment of lady in respect of a saree cannot be valued by any money.  But even then we have gathered that the complainant purchased the saree at a cost of Rs.1,500/- and complainant has prayed Rs.1200/- whereas OP is willing to pay Rs.600/- but in this regard we shall have to say that we direct the OP to produce the saree which was produced by OP and was checked by this Forum in presence of the parties and there are three small holes or torn places in the saree and we also marked it and OP also found that when complainant was also present at the time of checking the saree and it was found that only three small holes or torn places were in the saree and we have gathered that said saree can easily by repaired or cured and said holes cannot be visible apparently because it is a coloured and printed saree and there is several scope to use the same if it is cured by the OP but fact remains very negligible damage was caused and when the said saree was found damaged at the time of delivery of the saree then liability is upon the OP to satisfy how and what circumstances intact saree was damaged and for which OP is liable to replace the same or to pay a sum of Rs.1200/- as claimed by the complainant.  But in this regard we have taken a social approach, considering the fact that due to such damage this said saree  is not treated as rejected saree but such a saree can easily be used by so many high placed ladies and such sort of minor holes or tearing are not visible if it is cured so considering the total aspect and status of the saree we have gathered that the saree has not been damaged and the negligible portions or tearing as found may be cured by the OP and so considering that fact we find that the justice would be done if OP is directed to cure the defect of the same and handover it to the complainant by handing over a further sum of Rs.400/- because by curing the defect the saree can be used by any family members of the OP because it is already used by the complainant.  In the above situation we are of view that the sentiments have some place in the life of the ladies in respect of their personal belongings such as sarees, chappals, sweaters etc. so considering that fact and to honour their sentiments we are directing the OP to handover the saree after curing all the defects along with a sum of Rs.400/- to the complainant within 15 days from the date of this order and this order is passed considering the principle of equity and justice and also considering the present status of the saree and if complainant wears this saree she may use it without any trouble and there is no chance to ascertain the small negligible holes if it is cured by the OP or pay a sum of Rs.1,000/- as compensation and for which we passed this order for social justice and to give honour to the sentiments of the ladies.

Hence,

Ordered

That the case be and the same is allowed on contest with a cost of Rs.500/-.  OP is directed to handover the saree after proper curing the same and also a sum of Rs.400/- as compensation to the complainant and if complainant is unwilling to accept the same in that case OP shall handover a sum of Rs.1000/- to the complainant without handing over any saree OP may adopt either of the two relief. 

          OP shall have to comply this order in part of the same but at the same time it is the choice and liberty of the complainant what portion of the order he shall have to accept if she accepts first part OP shall have to comply it and if she wants to accept 2^nd part of the order i.e. alternative relief in such case OP shall comply it within 15 days from the date of this order failing which for non-compliance of the Forum’s order per day punitive damages @100/- per day shall be assessed till full satisfaction of the decree and if it is found OP is reluctant to pay it in that case penal action shall be started, in that case OP shall be pay penalty upto Rs.10,000/-.

Dictated & Corrected

            by me