Haryana

Ambala

CC/389/2022

MEGHA GOSAIN. - Complainant(s)

Versus

M/S MADAN DRYCLEANERS. - Opp.Party(s)

IN PERSON.

18 Jan 2023

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	389 of 2022
Date of Institution	:	17.10.2022
Date of decision	:	18.01.2023

 

Megha Gosain w/o Sh. Pankaj Kumar r/o H.No.323 Sector 9, Ambala City. M.9466354249.

…. Complainant

                                                Versus

M/s Madan Drycleaners, Manav Chowk, Milap Nagar, Ambala City through its Prop.

.…. Opposite Party

 Before:        Smt. Neena Sandhu, President.

                               Smt. Ruby Sharma, Member,

            Shri Vinod Kumar Sharma, Member.           

 

Present:       Complainant in person.

                    OPs already ex parte vide order dated 08.12.2022.                 

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Party (hereinafter referred to as ‘OP’) praying for issuance of following directions to it:-

1. To pay Rs.5,610/- i.e. cost of saree to the complainant alongwith interest.
2. To pay Rs.50,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
3. To pay cost of litigation.
4. Grant any other relief, which this Hon’ble Commission may deem fit.

 

2.             Brief facts of this case are that on 02.10.2022 the complainant gave a saree costing Rs.5,610/- to the OP for dry cleaning against receipt No.711 (Annexure C-1). The OP had assured that the saree in question will be delivered at the residence of complainant, a day after tomorrow i.e. 4.10.2022 but it failed to do so. It was only on 8.10.2022 that the OP came to the residence of complainant and delivered the saree on payment of Rs.200/-. On opening the packing of saree, in presence of the representative of OP, the complainant was shocked to see that the colour of the saree was completely changed and on the protest of the complainant the representative of OP took it back saying that  the OP will check the same on its shop. He also promised that the OP will look into the matter. On 9.10.2022 the husband of complainant visited the shop of the OP   but the proprietor of the OP shop flatly refused to compensate the complainant and returned only Rs.200/- paid by the complainant for dry cleaning of the saree. Hence this complaint.
3.           Upon notice, none appeared on behalf of the OP, before this Commission, therefore, it was proceeded against ex-parte vide order dated 08.12.2022.
4.           Complainant tendered her affidavit as Annexure CA alongwith documents as Annexure C-1 to C-3 and closed the evidence of the complainant.
5.           We have heard the complainant and have also carefully gone through the case file.
6.           Complainant submitted that OP has not only spoiled the colour of the saree but also not returned the same, nor compensated her. The said act of the OP amounts to deficiency in providing service and negligence on its part and on account of such act, the complainant has suffered lot of mental agony, harassment and financial loss.
7.           In order to prove her case, the complainant has placed on record receipt no.711, Annexure C-1 which shows that one saree was handed over by her to the OP for dry cleaning.  She has also placed on record her bank account statement, Annexure C-2 showing payment of Rs.5,610/- to the Rajan Enterprises, Ambala, towards purchase of the said saree.  The complainant has also placed on record photograph of the saree, Annexure C-3, to prove her case that the colour shade of the said saree has been changed/spoiled by the OP. It is the definite case of the complainant that thereafter the OP took away the said saree, but, did not return the same and had returned only an amount of Rs.200/- received by it for dry cleaning the said saree.  It is significant to mention here that, as stated above, notice of this complaint was sent to OP seeking its version, yet, nobody appeared on its behalf, despite service,  as a result whereof, it was proceeded against ex-parte vide order dated 08.12.2022. This act of the OP draws an adverse inference against it. The non-appearance of the OP shows that it has nothing to say in its defence against the allegations made by the complainant. Since, the assertions of the complainant went unrebutted & uncontroverted, therefore, we have no reason to disbelieve the contention of the complainant, which is duly supported by her affidavit and other supporting documents. In this view of the matter, we do not hesitate to conclude that by changing/spoiling the colour of the saree of the complainant and thereafter by not redressing her grievance and on the other hand, retaining the saree of the complainant, amounts to deficiency in providing service on the part of the OP.  As such, the OP is not only liable to pay the amount of Rs.5,610/- i.e the cost of the saree, to the complainant but is also liable to compensate the complainant for the mental agony and physical harassment suffered by her alongwith litigation expenses.
8.           In view of the aforesaid discussion, we hereby allow the present complaint and direct the OP, in the following manner:- 
   1. To pay Rs.5,610/- i.e. cost of saree to the complainant.
   2. To pay lump-sum amount of Rs.3,000/-, as compensation for the mental agony and physical harassment suffered by the complainant and as litigation expenses.

          The OP is further directed to comply with the aforesaid directions within the period of 45 days from the date of receipt of the certified copy of this order, failing which, the awarded amount shall carry interest @ 5% per annum for the period of default, till realization. Certified copies of the order be sent to the parties concerned as per rules.  File be annexed and consigned to the record room.

Announced:- 18.01.2023.

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President