IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 25th day of July, 2013.
Present : Sri. Jacob Stephen (President)
Smt. K.P. Padmasree (Member)
C.C.No.94/2013 (Filed on 14.07.2013)
Between:
Shibu. E.R,
Erapittevadakkethil,
Mallassery.P.O.,
Pathanamthitta – 689 646. …. Complainant
And:
Manager/Proprietor,
Shobha Dry Cleaners &
Saree Polishing Centre,
Pathanamthitta. …. Opposite party
O R D E R
Smt. K.P. Padmasree (Member):
Complainant filed this complaint against the opposite party for getting a relief from the Forum.
2. Brief facts of the case is as follows: Opposite party is a firm engaged in the business of Dry Washing clothes. On 17.08.2012 complainant approached the opposite party and entrusted 3 sarees and 2 silk shirts to opposite party for dry washing. Thereafter on 28.08.2012 complainant approached the opposite party for getting back the dry washed clothes. But he found that among the dry washed clothes, one of the white silk shirt is damaged which costs Rs. 2,750/-. The Proprietor of the opposite party assured that the defect of the silk shirt will be cured and it will be returned within a period of one month. After that, on several occasion complainant approached the opposite party for getting back the shirt dry washed. But on all the time opposite party requested more time for the return of the same.
3. On 01.07.2013 complainant again approached the opposite party and then the opposite party offered Rs. 500/- and the damaged shirt and said that the defect cannot be cured. But the complainant refused the offer made by the opposite party. The above said act of the opposite party is a clear deficiency in service which caused financial loss and mental agony to the complainant. Hence this complaint for getting Rs. 2,750/- the price of the damaged shirt along with compensation of Rs. 2,500/- and cost of Rs. 500/-.
4. In this case, even after receiving the notice opposite party had not turned up and hence he is declared as exparte.
5. On the basis of the allegations in the complaint the only point to be considered is whether this complaint can be allowed or not?
6. The evidence of this case consists of the oral deposition of PW1 and Ext.A1. After closure of evidence, complainant was heard.
7. The Point:- The allegation leveled against the opposite party is that the complainant had entrusted 3 sarees and 2 silk shirts to opposite party for dry washing. When it returned after dry wash it was seen that one of the silk shirt was damaged which costs Rs.2,750/-. The Proprietor of the opposite party assured that the defect will be cured within one month. After one month when the complainant approached the opposite party, he offered Rs.500/- as compensation for the damaged shirt. But the complainant refused the offer. The above said act of the opposite party is a clear deficiency in service which caused financial loss and mental agony to the complainant and opposite party is liable to the complainant for the same.
8. In order to prove the case of the complainant, the complainant adduced oral evidence as PW1 and produced one document which is marked as Ext.A1. Ext.A1 is the photocopy of the bill issued by the opposite party to the complainant on 17.08.2012.
9. From the available evidence, it is seen that on 17.08.2012 complainant entrusted dress materials to the opposite party for dry washing. According to the complainant among the dresses one of his shirt was damaged which cost Rs.2750/-. Opposite party offered the damaged shirt along with Rs.500/- as compensation for the damage. The above said act of the opposite party is a deficiency in service on his part. Since the opposite party is exparte, the complainant’s case proved as unchallenged. Therefore, this complaint can be allowed as follows.
10. In the result, this complaint is allowed thereby the opposite party is directed to pay the price of the damaged shirt, i.e. Rs.2,750/- (Rupees Two Thousand seven hundred and fifty only) along with compensation of Rs.1,000/- (Rupees One Thousand only) and cost of Rs.500/- (Rupees Five hundred only) within 15 days from the date of receipt of this order failing which the complainant is allowed to realize the whole amount from the opposite party with 10% interest from today till the realization of the whole amount.
Declared in the Open Forum on this the 25th day of July, 2013.
(Sd/-)
K.P. Padmasree,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Shibu. E.R
Exhibits marked on the side of the complainant:
A1 : Photocopy of the bill No.7950 dated 17.08.2012 for
Rs.590/- issued by the opposite party to the complainant.
Witness examined on the side of the opposite party: Nil.
Exhibits marked on the side of the opposite party: Nil.
(By Order)
(Sd/-)
Senior Superintendent
Copy to:- (1) Shibu. E.R, Erapittevadakkethil, Mallassery.P.O.,
Pathanamthitta – 689 646.
(2) Manager/Proprietor, Shobha Dry Cleaners &
Saree Polishing Centre, Pathanamthitta.
(3) The Stock File.
