KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

APPEAL NO.108/2011

JUDGMENT DATED 9.3.2011

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                --  PRESIDENT

 SHRI.S.CHANDRAMOHAN NAIR                             --  MEMBER

1.      Snow ‘N’ White, Dry cleaners,

Narayana Towers, Vazhuthacaud,

Thiruvananthapuram.                                --  APPELLANTS

2.      David, Proprietor,                                                                                      Snow ‘N’ White, Dry cleaners,

Narayana Towers, Vazhuthacaud,

Thiruvananthapuram.

            (By Adv.C.S.Rajmohan)

                             Vs.

Justice J.M.James, Former Judge,                            --  RESPONDENT

High Court of Kerala, residing at “Grace”

VRA-C2, RNP Lane, Vellayambalam,

Sasthamangalam, Thiruvananthapuram                                                                     

                                                JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT

           The appellants are the opposite parties/dry cleaners in CC.301/09 in the file of CDRF, Thiruvananthapuram.  The appellants are under orders to pay a sum of Rs.3,000/- towards the price of the damaged shirt and Rs.2,000/- towards costs with interest at 9%  if the amount is not paid within one month from the date of receipt of the order.  

2. The appellant/opposite party was ex-parte before the Forum.

          3. The matter relates to the damage caused to a new branded white shirt costing Rs.3,000/-,  which after the process of dry-cleaning  was having black patches and black  dots.     It is the case that the opposite parties/appellants assured that the shirt can be rewashed and the patches etc. will disappear.  The re-wash was not helpful and after re-wash the shirt appeared worse than when given for rewash.

          4. The evidence adduced consisted of the proof affidavit of the complainant as Ext.P1 receipt and MO shirt.

          5. On a perusal of the order of the Forum, we find that there is no patent illegality therein.    It has also to be noted that the matter was uncontested.  There is nothing to disbelieve the case of the complainant supported by his proof affidavit.   We find that there is no scope for admitting the appeal.

          6. In the result, the appeal is dismissed in limine.

          The office will forward a copy of this order to the Forum.

JUSTICE  K.R.UDAYABHANU --  PRESIDENT

  S.CHANDRAMOHAN NAIR         --  MEMBER