Jharkhand

Bokaro

CC/19/2022

Manglakant Sinha - Complainant(s)

Versus

Director, Laxmi Dry Cleaners - Opp.Party(s)

D.N. Singh

10 Oct 2022

ORDER

District Consumer Disputes Redressal Commission, Bokaro

Date of Filing-03-02-2022

Date of final hearing-10-10-2022

 Date of Order-10-10-2022

Case No. 19/2022

Manglakant Sinha S/o Sri Awdhesh Kumar Sinha,

R/o Sector-1/C, Qr.No. 1121, P.O. and P.S – B.S.City,

 District- Bokaro 827001  

Vs.

Director Laxmi Dry Cleaners,

 Sector-1, Ram Mandir, Plot No. J-3, B.S.City,

 P.O. and P.S.- B.S.City, Bokaro 

 

                             Present:-

                             Shri Jai Prakash Narayan Pandey, President

                  Smt. Baby Kumari, Member

 

PER- J.P.N Pandey, President

-Judgement-

1. Complainant has filed this case with prayer for direction to O.P. to pay Rs. 15,000/- as compensation on account of discoloring of his suit, and to pay Rs. 15000/- as compensation on account of various type of harassment and to pay Rs. 10,000/- as litigation cost.
2. Complainant’s case in brief is that on 05.08.2020 he handed over his coat-paint ( in short suit) to the O.P. (Laxmi Dry cleaners) and when he went to receive it on 14.08.2020 he found that said suit was being returned under discoloration which was not corrected inspite of repeated requests. Further case is that O.P. misbehaved with the complainant. Inspite of issuance of Legal Notice   no action was taken hence this case has been filed.
3. O.P. appeared and admitted the fact regarding receipt of suit of the complainant on 05.08.2020 under very dilapidated condition with direction by the complainant that as per possible effort correct it which was to be delivered on 24.08.2020. Further reply is that it is wrong to say that complainant came on 14.08.2020 at the shop of O.P. rather after expiry of one year he came on 02.07.2021 and received the suit thereafter went away but after one hour he again came and threatened the O.P. with demand of Rs. 6000/- otherwise to ruin the O.P. Again on 05.07.2021 complainant arrived at the shop of the O.P. who started to abuse with filthy language and caste related words. Further reply is that due to misbehave by complainant the business of the O.P. is being suffered. Hence it is prayed to dismiss the case.
4. Now, point for consideration is that whether complainant is entitled to get relief as claimed or not?
5. In support of its case complainant has produced annexure-1 photo copy of receipt dt. 05.08.2020 issued by the O.P. in which total dry cleaning cost has been mentioned Rs. 170/-. This fact is not under dispute. Annexure-2 is the photo copy of the legal notice dt. 05.07.2021 which is also not in dispute. Annexure-2/1 is the photo copy of postal receipt by which legal notice has been sent to the O.P. and this fact is also not in dispute. Annexure-3 is photo copy of the reply dt. 15.07.2021 given by the counsel of the O.P. to the legal notice of the complainant.
6. Main dispute is related to quality of the work in respect to dry cleaning of the suit of the complainant about which complainant is claiming that it was deteriorated and as per O.P. it was improved by the effort of the O.P. However, there is no any evidence by any of the party on this aspect. Since it is alleged by the complainant hence primary burden was on him to prove it but he is unable to discharge it. Another aspect is required to be mentioned here is that as per complainant he went t receive the suit on 14.08.2020 but this fact has been controverted by the O.P. who has alleged that after about one year period complainant came at the shop of the O.P. on 02.07.2021. This reply of the O.P. is being supported with the legal notice and its reply which shows that legal notice was issued on 05.07.2021 why it was not issued earlier it has not been cleared till date. Therefore, this fact is also contradicting the case of the complainant. Therefore, we are of the view that complainant has failed to prove its case for grant of relief as prayed.
7. In light of above discussion this case is being dismissed with cost.

 

J.P.N. Pandey)

                                                                                      President

 

                                                                            

 

                                                                                       (Baby Kumari)

                                                                                          Member