Complainant in person

Opponent in person

Per Hon’ble Smt. Kshitija Kulkarni, Member

                                     JUDGMENT

                                Dated 13^thJune 2014

                This complaint is filed by consumer u/s 12 of the Consumer Protection Act, 1986 for deficiency in service against the Opponent -Deluxe Dry Cleaners.  Brief facts are as follows-

[1]            Complainant is resident of Karve Road, Pune 411 004. He had given his Trouser for dry cleaning to the Opponent on 21/9/2003. When he went to collect the Trouser from the Opponent on 24/9/2013, he observed that it was decolourised, white patches were observed all over the Trouser. Opponent also agreed to the fact that the Trouser is spoiled and not in usable condition. Opponent suggested about re-dyeing with black colour but complainant not agreed for that. Then the complainant requested the Opponent for reimbursement of cost of Trouser. Opponent was not agreed for that. Hence, Complainant sent notice dated 1/10/2013 to the Opponent. But Opponent did not pay any heed.  Hence, complainant has filed present complaint and prayed for cost of Trouser to the tune of Rs.4800/-. He has also prayed for compensation for mental agony and cost of Rs.300/-

[2]            Opponent resisted the complaint by filing written version. It is denied by the Opponent that the said Trouser got faded and spoiled in their process. According to the Opponent it was already faded while receiving. It is further contended by the Opponent that the complainant has agreed with the fact that the Trouser is a part of an old suit and complainant has been using it separately, hence it was not matching with the coat. There is no deficiency in service and complainant has filed this false complaint to extract money.  It is lastly contended by the Opponent that, if the Forum feels compensation should be awarded, then it should be in accordance with clause ‘8’ of the terms and conditions. Opponent has prayed for dismissal of the complaint.

[3]            After scrutinizing the documentary evidence, pleadings, and affidavits which are produced by the parties and  following points arise for the determination of this Forum. The points, findings and reasons thereon are as follows-

Reasons-

As to the Point Nos. 1 and 2-

[4]            It reveals from the Receipt dated 24/09/2013 issued by the Opponent that the complainant has given Grey TC-Trouser for Dry-cleaning to the Opponent. At the time of taking of delivery of the Trouser, it was observed by the complainant that it was decolourised and there were white patches all over the Trouser. It was in unusable condition. Opponent has not produced any evidence to show that at the time of delivery of the Trouser, it was not decolourised and there were no white patches. In para 12 of the written statement, Opponent has stated that “if compensation should be awarded to the complainant then it should be according to clause ‘8’ of the terms and conditions”.  On perusal of clause 8 of the Terms and Conditions it reveals that Opponent has undertaken to pay five times washing or dry cleaning charges for used garment. As the Trouser of the complainant was used garment, it is the opinion of the Forum that, he is entitled to get five times washing or dry cleaning charges from the Opponent. It reveals from the Receipt dated 24/09/2013 issued by the Opponent that, the dry cleaning charges were Rs.55/-. Hence, complainant is entitled to receive 275/- on that count. Complainant is also entitled to receive compensation to the tune of Rs.1,000/- on the count of physical, mental and financial sufferings. He is also entitled to receive cost from the Opponent.

                In the result, Forum answers the points accordingly and pass following order-

                                        :- ORDER :-

1. Complaint is partly allowed.
2. It is hereby declared that Opponent has caused deficiency in service.
3. Opponent is directed to pay amount of Rs.275/- [Rupees Two Hundred and Seventy Five only] to the complainant within six weeks from the date of receipt of copy of order.
4. Opponent is directed to pay amount of Rs.1,000/- [Rupees One Thousand only] towards compensation for physical, mental and financial sufferings and cost of Rs.500/-[Rupees Five Hundred only] to the complainant within six weeks from the date of receipt of copy of order.
5.  Both parties are directed to collect the sets which are provided for the Hon’ble Members within one month from the date of order. Else those will be destroyed.

Copy of order be supplied to both the parties free of cost.

Place – Pune

Date – 13/06/2014