Kerala

Thiruvananthapuram

CC/19/310

K Reghanathan Nair - Complainant(s)

Versus

Manager,Dreamz - Opp.Party(s)

19 Dec 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

 

PRESENT

     SRI.P.V.JAYARAJAN   : PRESIDENT

 SMT.PREETHA.G.NAIR : MEMBER

                                    SRI.VIJU.V.R        : MEMBER

CC.NO.310/2019 (Filed on: 20/09/2019)

ORDER DATED : 19/12/2022

COMPLAINANT

K.Reghunathan Nair,

Arya Bhavan, Kuruvikonam,

Vettamballi, Erinjayam.P.O

Nedumangad

(Party in person)

                                                          VS

 

OPPOSITE PARTY

 

The Manager,

Dreamz, Ladies World,

Salim Archid, Valicode, Nedumangad

(By Adv.S.Harichandran)

ORDER

SRI.VIJU.V.R                 : MEMBER

1.       This complaint is filed under section 12 of Consumer Protection Act 1986.

2.       This is a complaint filed by the complainant against the opposite party alleging that he had given 13 white shirts and 8 white dhothies to the opposite party on 13/08/2019 for dry cleaning. The opposite party promised to return the dresses on 23/08/2019 after dry cleaning. On 29/08/2019 the dress materials were given to the complainant by the opposite party. But the complainant found that the dress materials were damaged due to the use of some chemicals by the opposite party. The act of opposite party amounts to deficiency in service, hence this complaint.

3.       The opposite party entered appearance and filed version. The opposite party averred that the complaint is not maintainable either in law or on facts. It is denied by the opposite party that they are running a business namely              “Dreamz Ladies World”. The opposite party no way connected to the complainant by any business transactions. The opposite party does not know the complaint and also not received any cloth from the complainant. The opposite party had nothing to do that “Dreamz Ladies World”. It is also denied that opposite party is the manager of the “Dreams Ladies World”. The document produced by the complainant is not connected with the opposite party. The opposite party is no way connected to the “Dreamz Ladies World, hence the complaint may be dismissed.

4. Issues to be ascertained:

1. Whether there is any deficiency in service from the side of opposite party?
2. Whether the complainant is entitled to get the reliefs?

5. Issues (i) & (ii):- Both these issues are considered together for the sake of convenience. The complainant has filed proof affidavit and has produced four documents which were marked as Exts.P1 to P4. It can be seen from Exts.P1 & P2 that the complainant has entrusted 13 white shirts and eight dhothies to the opposite party and also going through Ext.P4 it can be seen that license was issued by Nedumangad Corporation to the opposite party for conducting the business for the year 2021. Even though opposite party had filed version they have not filed proof affidavit nor produced any evidence to prove their case, hence the deposition of complainant stands unshaken and there is nothing to rebut the evidence putforth by the complainant. From the documents produced by the complainant we find that the complainant has succeeded in proving his case and there is deficiency in service from the side of opposite party. Hence the opposite party is liable to compensate the complainant.

               In the result, complaint is allowed. The opposite party is directed to pay Rs.25,000/- (Rupees twenty five thousand only)  as compensation for the mental agony suffered by the complainant and pay Rs 2500/- (Rupees two thousand and five hundred only) towards the cost of the proceedings within one month from the date of receipt of this order failing which the entire amount except  cost carriers interest @ 9% per annum from the date of default till realization.

                A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

 

                Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 19^th day of December 2022.

 

                                                                                   Sd/-

P.V.JAYARAJAN   : PRESIDENT

 

                                                                                               Sd/-

  PREETHA .G.NAIR: MEMBER

 

                                                                                                 Sd/-

VIJU.V.R     : MEMBER

 

 

 

 

Be/

 

APPENDIX

CC.NO.310/2019

List of witness for the complainant

PW1            - K.Reghunathan Nair

List of Exhibits for the complainant

Ext.P1                   - Original receipt dated 13/08/2019 for Rs.500/-

 

Ext.P2                   - Original receipt dated 13/08/2019 for Rs.550/-

 

Ext.P3                   -Original marriage invitation letter

 

Ext.P4                   - Letter dated 17/12/2021 from Nedumangad Corporation     

                               (Original)

 

List of witness for the opposite party - NIL

 

List of Exhibits for the opposite party – NIL

 

Court Exhibits                                   - NIL

 

 

                                                                                                       Sd/-

                                                                                                PRESIDENT