DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Thursday the 27^th day of June 2024

CC.255/2024

Complainant

Suthila,

w/o Lijeesh,

Thejus, Changaroth Paramba,

Guruvayurappan College (PO),

Kozhikode – 673 014.

(By Adv. Sri. N. Abdul Azeez)

Opposite Party

Bombay Fashion,

Rep. by Shamsudheen,

SM Arcade, PM Thaj Road,

SM Street, Kozhikode -673 001.

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT. 

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

The complainant gave her saree worth Rs. 8,000/- for dry cleaning at the opposite party shop on 02/11/2023 and it was returned to her after the dry cleaning process on 08/11/2023. Rs. 250/- was the dry cleaning charge and it was paid by the complainant. But on 10/11/2023 while the complainant took the saree for wearing, many parts of the saree was seen torn while dry cleaning and it was spoiled. This happened only due to the negligence of the opposite party while dry cleaning.

3. When the matter was taken up with the opposite party, their response was not good. The complainant had suffered a loss of Rs. 8,000/- being the cost of the saree. Hence the complaint to direct the opposite party to refund Rs. 250/-collected from her for dry cleaning and to pay Rs. 8,000/-, being the cost of the saree.
4. The opposite party remained ex-parte.
5. The points that arise for determination in this complaint are;

1. Whether there was any deficiency of service on the part of the opposite party, as alleged?

2) Reliefs and costs.

6. PW1 was examined and Exts A1 to A3 were marked. MO1 was identified.
7. Heard.
8. Point No 1:   The complainant has approached this Commission alleging negligence and deficiency of service on the part of the opposite party. The specific allegation is that the saree entrusted by her to the opposite party for dry cleaning was torn and damaged due to the negligence of the opposite party while doing the dry cleaning process. The prayer is for realisation of Rs. 8,000/- being the price of the saree and refund the dry cleaning charge collected by the opposite party.
9. PW1, who is none other than the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the lawyer notice dated 26/02/2024, Ext A2 is the postal receipt and Ext A3 is the postal acknowledgement card. MO1 is the saree. MO1 is seen torn and therefore unsuitable for wearing.
10. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version and contest the matter. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A3 and MO1. Deficiency of service on the part of the opposite party stands proved.
11. The claim is for Rs. 8,000/- towards the cost of the saree. But it may be noted that the complainant has not produced the purchase bill of the saree. MO1 does not appear to be a brand new one. It is a used saree. So the complainant is not entitled to get the entire purchase price of Rs. 8,000/- as claimed. However, she is entitled to get reasonable amount towards the cost of the saree. We find that Rs. 5,000/- will be reasonable amount. So the complainant is entitled to realise  Rs. 5,000/- from the opposite party as cost of the saree. She is also entitled to get reimbursement of Rs. 250/- paid as dry cleaning charge.
12. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

a)  CC.255/2024 is allowed in part.

b) The opposite party is hereby directed to pay a sum of Rs.5,000/-(Rupees five thousand only) to the complainant, being the cost of the saree.  

c) The opposite party is directed to refund the dry cleaning charge of Rs.250/- (Rupees two hundred fifty only) to the complainant. 

d) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs.5,000/- shall carry an interest of 9% per annum from the date of this order till actual payment.

e) No order as to costs.

f)  MO1 shall be destroyed, being valueless, after the appeal period is over.

Pronounced in open Commission on this, the 27^th day of June, 2024.

Date of Filing: 06/05/2024

                        Sd/-                                                                                         Sd/-

                 PRESIDENT                                                                                   MEMBER                                      

APPENDIX

Exhibits for the Complainant :

Ext A1 - Copy of the lawyer notice dated 26/02/2024,

Ext A2 - Postal receipt

Ext A3 - Postal acknowledgement card.

Exhibits for the Opposite Party

NIL

Witnesses for the Complainant

PW1  -   Suthila (Complainant)

Witnesses for the opposite party

NIL

Material Object :

MO1: Saree

                        Sd/-                                                                                                Sd/-

                 PRESIDENT                                                                                   MEMBER                                      

                                 True Copy,      

                                                                                                                                    Sd/-

                                                                                                                         Assistant Registrar.