O R D E R
(By Sri A. Radha Krishna, President on behalf of the Bench)
Seeking damages of Rs. 13,400/- including the cost of saree, stitching charges and charges of notice the complainant laid this complaint under Section 12 of CP Act.
1 The case of the complainant in brief is that she purchased a saree on 20.10.2011 worth Rs. 3,000/- along with blouse and handed over the same to the opposite party who is a tailor by profession with a request stitch the blouse for separating it from the main saree. Having agreed the opposite party received the saree on 21.11.2010. At the time of handing over the saree the complainant informed the opposite party that the saree was a costly one and if the blouse piece was not separated properly it becomes useless.
2 It is also the version of the complainant that the opposite party stitched the blouse and delivered 28.11.2010. When observed the complainant found the opposite party cut the blouse piece from the other end instead of the place provided for blouse piece. The opposite party charged Rs.200/- for stitching charges. Due to the negligent Act of the opposite party the complainant suffered lot and the saree became useless. The complainant has also issued a lawyer’s notice to the opposite party. Having received the same the opposite party failed to comply the demand of the complainant.
3 The opposite party filed her written version disputing the very relationship of customer between her and the complainant. According to her the complainant never approached and she did not obliged or received any saree from the complainant. She denied everyone of the allegations leveled against her.
4 Now the points for determination are:
- Whether there is any customer relationship between the complainant and the opposite party?
- If so, whether there is any deficiency on the part of the opposite party?
- If so, whether the complainant is entitled for the amount sought in the complaint?
5 Point No.1: As the opposite party disputed the very status of the complainant as a customer she mainly banks upon exhibits A1 to A4 which are the bill issued by Jain Silk palace showing purchase of one B.L. Art Silk saree costing Rs.3138/- upon which discount was allowed and net amount of Rs. 3000/- was paid, piece of saree alleged to have been given to the complainant at a time of her handing over the saree to the opposite party, office copy of lawyer’s notice and the postal acknowledgment alleged to have been signed by the opposite party.
6 As seen from the tenore of the allegations in the complaint and chief affidavit of the complainant she banks upon exhibit A2 and A4 which are already described above. Admittedly, the complainant did not exhibit the main saree for comparison with exhibit A2 to ascertain whether that was the self same saree handed over to opposite party for stitching the blouse. Here it may be pointed out that in token of receiving saree the opposite party alleged to have signed exhibit A2. When the signature available on exhibit A2 is compared with the signatures available in the written version, affidavit and exhibits B1 and B3 it doesn’t tally and on the other hand every letter in exhibit A2 differs with the letters in the signatures available in the above said documents of the opposite party.
7 Though it is sought to be contended by the complainant that for original of exhibit A3 the opposite party did not issue any reply, a bear perusal of exhibit A4 postal acknowledgment it shows there is no authentication by the postal department and it doesn’t bear any postal endorsement showing in fact it is the said department which received the registered cover and also delivered the registered cover to the opposite party. It is no doubt true there is a signature available on exhibit A4 and according to the complainant it belongs to the opposite party. The complainant has not taken any steps to send this postal acknowledgment along with the admitted signatures of the opposite party for comparison and opinion to a hand-writing expert. Hence under these circumstances no credence can be attached exhibits A2 and A4. If these two documents are vommited there is no other proof fourth-coming from the complainant evidencing her approaching the opposite party with blouse saree as sought to be contended by her.
8 On other hand the opposite party mainly thrusts upon exhibit B2 which are the receipt books for the years 2008 to 2010. These receipt books would indicate the charges paid by the customers at the time of taking delivery of their stitched clothes. A perusal of the receipt book pertaining to the year 2010 would show that on 28.11.2010 no receipt was issued to any customer on which date the complainant alleged that the saree and blouse was handed over to her by the opposite party. If really, the complainant received any saree on that particular date definitely the opposite party would have issued the bill or receipt showing the payment of charges for stitching the blouse. As these books are kept in the ordinary course of business they can be relied upon and this bill book would probablise the contention of the opposite party. Thus the above discussion clearly indicates that there is no relationship of customer between the opposite party and the complainant. Hence, this point is answered against the complainant and in favour of the opposite party.
9 Points 2 & 3: In view of the finding rendered under point No.1 there is no need of answering these points.
10 In the result, the complaint is dismissed with costs of Rs.1000/-.
Typed to the Steno, transcribed by her, corrected and pronounced by us, in open Forum, this the 14th day of November, 2014
Sd/- xxxx Sd/- xxxxxxx
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainant : None For opposite party : Yes
DOCUMENTS MARKED
For complainant:-
Ex.A1 20.11.2010 The bill issued by Jain Silk palace showing purchase of one B.L. Art Silk saree
Ex.A2 Piece of saree
Ex.A3 29.11.2010 Office copy of lawyer’s notice
Ex.A4 Acknowledgment
For opposite party:-
Ex. B1 Copy of Gift by way of settlement deed
Ex.B2 Bills Books
Ex.B3 copy of General power of Attorney
Sd/- xxxx Sd/- xxxxxxx
MEMBER PRESIDENT
