BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD, THIRUVANANTHAPURAM.<br /> PRESENT<br /> SRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENAKUMARI. A : MEMBER<br /> SMT. S.K.SREELA : MEMBER<br /> O.P.No. 66/2004 Filed on 03.02.2004 <br /> Dated : 16.08.2008<br /> Complainant:<br /> S.S. Ambili, P.B. Bhavan, Thoppinakathu, Karichara, Pallipuram. <br /> (By adv. T.L. Sreeram)<br /> Opposite parties:<br /> 1.Babuchandra, Clean Plus Dry Clean shop, Kazhakkuttom, Thiruvananthapuram.<br /> <br /> 2.Manager, Ananthapuri Apparel Services Pvt.Ltd, KINFRA International Apparel Parks, Thiruvananthapuram – 695 586.<br /> <br /> (By adv. K.S. Gopinathan Nair)<br /> <br /> This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 18.08.2005, the order was not prepared accordingly. This Forum assumed office on 08.02.2008 and re-heard the complaint. This O.P having been heard on 22.07.2008, the Forum on 16.08.2008 delivered the following:<br /> ORDER <br /> <br /> SMT. BEENAKUMARI.A: MEMBER<br /> <br /> Facts of the case as per the complainant S.S. Ambili is as follows: The complainant gave a silk sari worth Rs. 5000/-, which was given to her as 15th wedding anniversary gift by her husband, to the opposite parties for dry cleaning on 17.09.2003. When the complainant went to collect back the same on 26.09.2003, she found it torn at the border. She refused to accept the sari and asked for its cost or get her another new sari. The 1st opposite party, Babu Chandra, of Clean Plus dry cleaning shop, where the complainant gave her sari, abused her in front of everyone present at the shop at that time. The complainant had approached twice for compensation either as the cost of sari Rs. 5000/- or as a new sari, but there was no positive response. Hence in grievance the complainant approached this Forum. <br /> <br /> Points to be considered:<br /> (i)Whether there is deficiency in service from the part of opposite parties?<br /> (ii)Whether the complainant is eligible for compensation and cost?<br /> <br /> <br /> Points (i) & (ii):- In this case the complainant has filed proof affidavit and she was examined as PW1. The document produced was marked as Ext. P1. The opposite parties are exparte. Hence the affidavit filed by the complainant stands unchallenged. Ext. P1 is the bill issued by the opposite party to the complainant when she entrusted the sari for dry cleaning to the opposite party. <br /> <br /> The complainant has succeeded to prove her case through these evidences. The sari in dispute is with the opposite parties. The opposite parties have never turned up to contest the case and nor they have denied the allegations levelled against them. Hence this Forum is inclined to believe the complainant that the negligent act of the opposite parties caused damage to the sari. Hence the opposite party is liable to compensate the complainant for their deficiency in service. Hence this Forum allows the complaint. <br /> <br /> In the result, the opposite party is directed to pay the complainant Rs. 5000/- as the cost of the sari and also should pay Rs. 1000/- as compensation and Rs. 1000/- as cost of the complaint. Time for compliance two months. Thereafter the above said amount shall carry interest @ 9%. <br /> <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the day of 16th August 2008.<br /> <br /> G. SIVAPRASAD,<br /> President.<br /> <br /> BEENAKUMARI. A : MEMBER<br /> <br /> <br /> S.K. SREELA : MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> O.P.No. 66/2004<br /> APPENDIX<br /> <br /> I COMPLAINANT'S WITNESS: <br /> PW1 - Ambili<br /> II COMPLAINANT'S DOCUMENTS:<br /> <br /> P1 - Cash receipt No. 7666 dated 17.09.2003 for Rs. 70/- given by <br /> the 1st opposite party to the complainant. <br /> <br /> <br /> III OPPOSITE PARTIES' WITNESS:<br /> NIL<br /> IV OPPOSITE PARTIES' DOCUMENTS:<br /> NIL<br /> <br /> <br /> PRESIDENT<br /> <br />