Date of Filing: 22/09/2011

        Date of Order:31/10/2011

BEFORE THE I ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE -  20

Dated:  31^st DAY OF OCTOBER 2011

PRESENT

SRI.H.V.RAMACHANDRA RAO,B.SC.,B.L., PRESIDENT

SRI.KESHAV RAO PATIL, B.COM., M.A., LL.B., PGDPR, MEMBER

SMT.NIVEDITHA .J, B.SC.,LLB., MEMBER

COMPLAINT NO.1752 OF 2011

M.V. Sridhar Chakravarthi,

S/o. M. Vedantachar,

Advocate, Hindu, Aged About 32 years,

R/at: No.44, 1^st ‘A’ Main Road, 7^th Block,

Koramangala, Bangalore-560 095.

(Rep. by Advocate Sri.S.Prasanna Kumar)                              ….  Complainant.

V/s

(1) M/s. Band Box,

Cleaners & Dyers,

Having Branch Office at No.203,

17^th ‘E’ Main, 5^th Block, Koramangala,

Bangalore-560 095.

Rep. by its Branch Manager.

(2) M/s. Band Box,

Cleaners & Dyers,

Having Head Office at No.152/29,

Dorasani Palya, Bilekahalli,

Bannerghatta Road,

Bangalore-560 076.

Rep. by its Proprietor.

(Notice served - Absent)                                                     …. Opposite Parties.

BY SRI. H.V.RAMACHANDRA RAO, PRESIDENT

-: ORDER:-

The brief antecedents that lead to the filing of the complainant U/s 12 of the Consumer Protection Act seeking direction to the Opposite Parties to pay Rs.55,500/-, are necessary:-

          The complainant has delivered his Zodiac shirt for dry-cleaning on 14.12.2011 to the opposite party No.1, to which opposite party No.2 is the Head Office and proprietor and paid the money also.  In spite of repeated requests demands and travelling to the opposite parties, till date, the opposite parties had not returned the shirt.  Hence the complaint.

2.       The opposite parties though served with the notice as per the postal acknowledgment received have not contested the matter till date.  Hence the complainant has filed his affidavit.  The arguments were heard.

3.       The points that arise for our consideration are:-

:- POINTS:-

1. Whether there is deficiency in service?
2. What Order?

4.       Our findings are:-

Point (A) & (B)         :           As per the final Order

                                       for the following:- 

-:REASONS:-

Point A & B:-

5.       Reading the pleadings in conjunction with the affidavit and documents on record, it is established that the opposite party No.2 is the proprietor and opposite party No.1 is the Manager of the Band Box dry-cleaners.  It is also established that on 14.06.2011 the complainant had delivered his Zodiac brand shirt worth Rs.2,500/- to the opposite parties for dri-cleaning.  From 14.06.2011 the opposite party had not delivered back the shirt to the complainant in spite of receiving the dry-cleaning charges. The complainant went to the opposite party several times incurring huge expenditure, even then the opposite parties did not deliver the shirt.  As the opposite parties did not delivered back the shirt the complainant instituted this complaint on 12.09.2011 long after three and half months after giving the shirt for dry-cleaning.  Even then the opposite parties did not delivered back the shirt.  The notice of this complaint was served on the opposite parties for the hearing date dated: 20.10.2011 on 11.10.2011 as per the postal acknowledgment.  Even then the opposite parties did not deliver back the shirt to the complainant.  But only on 17.10.2011 about four months three days later after it has received the shirt for dry-cleaning has returned the shirt to the complainant as sworn to by the complainant.  Hence it is nothing but deficiency in service.

6.       Dri-cleaning means cleaning with petrol or otherwise, even if it may be cleaned with chemicals, in the machine, it may take a day or two to wash or clean and deliver it back.  But keeping complainant’s shirt for four months and above is nothing but deficiency in service and also unfair trade practice.  During the course of the arguments the learned counsel for complainant submitted that some compensation and costs of the litigation may be awarded in this case.  There is no per contra material to any of these allegations made by the complainant.  Hence under these circumstances we hold the above points accordingly and proceed to pass the following:-

-: ORDER:-

1. The Complaint is Allowed-in-part.
2. The opposite parties are directed to pay to the complainant the sum of Rs.500/- as compensation within 30 days from the date of this order.
3. The opposite parties are also directed to pay Rs.2,000/- as costs of this litigation to the complainant.
4. The opposite parties are directed to comply with the order as ordered above at serial Nos. 2 & 3 by sending the amounts to the complainant by DD through Registered Post Acknowledgement Due and submit the compliance report to this Forum with necessary documents within 45 days.
5. Return the extra sets filed by the parties to the concerned as under Regulation 20(3) of the Consumer’s Protection Regulation 2005.
6. Send a copy of this order to both parties free of costs, immediately.

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this the 31^st Day of October 2011)

MEMBER                                                MEMBER                                   PRESIDENT