CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.
Present
Smt. Bindhu M.Thomas, President(I/C)
Sri. K.N. Radhakrishnan, Member
CC No 219/12
Monday the 27th day of August, 2012
Petitioner : Jesmon Thomas,
Nampimadom House,
Veroor PO,
Changanacherry.
Vs.
Opposite party : Lilly White,
Power Laundries,
College Road,
Changanachery.
ORDER
Sri. K.N. Radhakrishnan, Member
The case of the complainant presented on 2/7/12 is as follows. He had entrusted dhoties and silk shirts to the opposite party for dry-cleaning on 15-5-12. Upon enquiry after the due date of delivery on 31-5-12. The shop keeper informed that it will take another 2 weeks for delivery. When the complainant received the items after dry cleaning, upon examining it was found that one silk shirt (silver colour)costing Rs.3000/-(three thousand only) has been destroyed in such a manner that it cannot be used again. Further the opposite party said that it was because of the poor quality of the shirt materials. The shirt was high quality and price range of worth Rs.3000/-. There was clear deficiency in service on the part of the opposite party. The complainant is entitled for the compensation. Hence this complaint.
The notice was issued to the opposite party. They did not accept the notice purposefully and the same was returned un-served stating that Intimation “unclaimed’.. Hence the opposite party set ex-partee.
The complainant examined as PW1. The document produced by him was marked as Ext.A1. The damaged shirt produced before this Forum, perused the shirt and returned to the petitioner.
Heard complainant. The case of the complainant is that the opposite party has damaged one silk shirt (silver colour) worth Rs.3000/- due to the negligent act of the opposite party. According to him the opposite party was liable to be compensating the complainant. The opposite party was set ex-partee. Hence the case of the complainant stands un-challenged. So we have no reasons to dis-believe the case of the complainant. Hence we are of the opinion that the case of the complainant is to be allowed.
In the result the complaint is allowed as follows. We direct the opposite party to pay Rs.3000/- as the price of the damaged silk shirt (silver colour) and pay Rs.500/- as costs of these proceedings to the complainant. This order shall be complied with within a period of one month from the date of receipt of a copy of this order. If the order is not complied within one month the amount will carry interest @ 10% per annum from the date of order till payment.
Sri. K.N. Radhakrishnan, Member Sd/-
Smt. Bindhu M.Thomas, President(I/C) Sd/-
Appendix
Documents of the petitioner
Ext.A1-is the copy of bill dtd 15-5-12.
By Order,
Senior Superintendent.
