BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT
SHRI. G. SIVAPRASAD : PRESIDENT
SMT. SATHI. R : MEMBER
SMT. LIJU B. NAIR : MEMBER
C.C.No: 91/2014 filed on 05/03/2014
Dated: 16..06..2014
Complainant:
Surgeon Lt Commander Hari JP and Major Khushdeep Kaur, C/o Indian Coast Guard Station, Harbour Road, Vizhinjam Post, Thiruvananthapuram-695 521.
(Party in person)
Opposite party:
M/s. Clean N Care Dry Cleaners Pvt. Ltd., Nemom, Thiruvananthapuram – 695 020.
This C.C having been heard on 07..06..2014, the Forum on 16..06..2014 delivered the following:
ORDER
SMT. LIJU B. NAIR, MEMBER:
Case of the complainants is as follows. They gave 4 sets of clothes, one silk shirt, one kasavu dhothi, and two silk sarees for dry cleaning to the opposite party, through their outlet in Lady Bug Stitching Centre on 30/05/2013. When they received the same back on 18/07/2013, it was found that the silk shirt and one of the silk sarees had multiple colour stains on them with black stains all over. It was further found that the Kasavu dhothi which was returned after dry cleaning was not the same dhothi which they had given for dry cleaning. This matter was immediately brought to the notice of the reception staff at Lady Bug Stitching Centre. All the clothes except one silk saree were returned to the staff at the outlet who promised to inform the incident to the opposite parties. They were asked to return to the outlet for collection of clothes after 10 days. When enquired after 10 days they find that the clothes were still there unattended. Again the same situation when approached on 25/08/2013. So they collected one silk shirt, one kasavu mundu one silk saree from them. Then on written complaint was sent to the opposite party. But nothing happened. Meanwhile the complainants happened to meet one of the staff’s of the opposite party and he had taken back the damaged articles from the complainants. But till now nothing happened and so this complaint claiming compensation.
2. Opposite party accepted the notice send from this Forum but they never turned up for contesting the case. So we proceeded exparte against them.
3. Points raised:
(i) Whether there is deficiency in service on the part of the opposite party?
(ii) Reliefs and cost, if any?
4. Points (i) & (ii): Complainant claims compensation for the damaged articles which were damaged at the time of dry cleaning done at opposite party shop. The callous and negligent attitude of the opposite party is clearly established by the way they treated the complainants. Before the Forum also they failed to appear. So the only option before us is to go with the complaint. So the complaint is allowed. Though the complainants claimed compensation to the tune of Rs. 25,000/- there is nothing in record to show the actual loss sustained to the complainants. So we are of the considerate view that allowing a compensation to the tune of Rs. 10,000/- will serve the purpose. We find this amount as just and proper, since the sentimental attachment of the marriage dress cannot be measured in terms of money.
In the result, complaint is allowed. Opposite party is directed to pay the complainant Rs. 10,000/- as compensation within a month of receipt of this order, failing which this amount will carry interest at the rate of 9% till the date of realization. Rs. 1,000/- is ordered as cost.
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 Forum, this the 16th day of June, 2014.
Sd/- LIJU B. NAIR : MEMBER
Sd/- G. SIVAPRASAD : PRESIDENT
Ad. Sd/- R. SATHI : MEMBER
