KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM APPEAL NO.706/09 JUDGMENT DATED 28.4.2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SRI.M.K.ABDULLA SONA -- MEMBER M/S Hillarious Dress Cleaners, JayanthiBuilding, Palayam, Calicut 673 001. -- APPELLANT (By Adv.Shyam Padman) Vs. Jayasree P.V, W/0 Sree Vallabhan, Opposite Party No.1, -- RESPONDENT Swathi, Kottamparamba P.O, Calicut 673 008. JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellants are the opposite parties in CC.210/08 in the file of CDRF, Kozhikode. The appellants are under orders to pay a sum of Rs.1750/- and cost of Rs.1,000/-. 2. The matter relates to the damage sustained to the Saree entrusted with opposite parties Drycleaners. The Forum has noted that the Saree in question was produced before the Forum. It is noted that it is seen a small portion of 50 cm. was found darned using a piece of cloth from the same saree cut from its bottom side and the place from where this piece was cut was seen hastily patch worked using some ordinary cloth. 3. The evidence adduced consisted of the testimony of PW1, RW1 and Exts.A1 to A4. 4. It is the contention of the counsel for the appellant that as per Ext.A1 photocopy of bill issued by appellant the declared value of the saree is only Rs.1750/- and as per the terms printed in the bill it is mentioned that for tear etc. of the dress the only liability is to get it repaired. 5. We find that the complainant has produced Ext.A2 bill which mentions that price of the saree is Rs.1,750/-. The saree was entrusted for dry cleaning on 7.3.08. Evidently, the complainant has used the saree for 2 ½ months only. Hence, the conditions mentioned in the bill issued by the appellant cannot be treated as mutually agreed terms. We find that there is no patent illegality in the order of the Forum. There is no scope for admitting the appeal. The appeal is dismissed in limine. The office is directed to forward the copy of this order to the Forum urgently. JUSTICE K.R.UDAYABHANU -- PRESIDENT M.K.ABDULLA SONA -- MEMBER | 
