DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS ,
AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. 83_ OF ___2017
DATE OF FILING : 30.6.2017 DATE OF PASSING JUDGEMENT: 05.01.2018
Present : President : Ananta Kumar Kapri
Member(s) : Subrata Sarker
COMPLAINANT : Jharna Sarkar,C/o Anup Kumar Sarkar, K.M Roy Chowdhury Road, Bhattacharjeepara ( N.S Sarani), P.O & P.S Baruipur, Pin-700144
-VERSUS -
O.P/O.Ps : M/s Basanti Laundry, Baruipur Road (West), P.O & P.S Baruipur, Pin - 700144
_____________________________________________________________________
J U D G E M E N T
Sri Ananta Kumar Kapri, President
This is a complaint under section 12, C.P Act, 1986 filed by the complainant alleging deficiency in service on the part of the Laundry i.e O.P.
Briefly stated, the fact of the complaint is that the complainant purchased a “bandhune” Saree from Rajasthan on 12.12.2016 for a price of Rs.1300/-. Thereafter, on 21.1.2017 she delivered the said Saree to the O.P for washing the same by way of “Roll press”. Washing was done by the O.P with the result that the Saree got discoloured. The complainant complained before the O.P about the discolouring of the Saree. Then, the O.P took it back ; but, thereafter he never returned the Saree to the complainant. O.P agreed to pay 50% of the value of the Saree to the complainant as damage. The complainant did not agree to that proposal of O.P and she has filed the instant case praying for refund of the value of the Saree i.e Rs.1300/- and also for compensation amounting to Rs.10,000/- for mental agony and harassment caused to her by the O.P. Hence, this case.
The O.P made appearance in this case and also filed a written statement to contest the case. The written statement is kept in the record. Thereafter, he has not turned up to proceed with the case.
According to the version of written statement filed by the O.P, the complainant delivered the saree to the O.P for washing by way of roll press. The Saree got discoloured in the process of washing as its colour was raw one. However, the O.P agreed to pay 50% of the value of the Saree to the complainant for the wrong done by him . But the complainant did not agree to accept the same.
Upon the averments of both the parties following issues are formulated for consideration.
ISSUES
- Is the O.P guilty of deficiency in service as alleged ?
- Is the complainant entitled to get the relief or reliefs as prayed for ?
Evidences of the parties :
The complainant has not filed affidavit-in-chief ;her petition of complaint is treated as her affidavit-in-chief in accordance with her prayer vide order no.5 dated 11.9.2017. No evidence whatsoever has been led on behalf of the O.P.
DECISION WITH REASONS
Issue nos. 1 and 2 :
In the instant case the receipt of Saree is admitted by the O.P in his written statement. Also admitted is the fact that the O.P washed the Saree by way of roll press and the Saree got discoloured.
When a fact is admitted in written statement ,it need not be proved by any other evidence. So, in this circumstances it stands established by admission of O.P that the complainant delivered the Saree to O.P for washing and that the Saree got discoloured in the process of washing by the O.P. It is the version of the complainant that she bought the Saree for a price of Rs.1300/-. This version of the complainant has not been contradicted by any cogent evidence of the O.P. Having taken into consideration this aspect, we find no reason to disbelieve the evidence of the complainant and we do hold that the complainant purchased the Saree for a price of Rs.1300/-. It is admitted in written statement that the O.P agreed to pay 50% of the value of the Saree to the complainant. A person agrees to pay such damage only when he feels that his customer is suffering for his fault.
From the aforesaid averment of the O.P we can unhesitatingly hold that the O.P was at fault while washing the Saree delivered by the complainant and thus the fact of deficiency in service on the part of the O.P stands established. The complainant purchased a brand new Saeei; that Saree got discoloured in the process of washing by the O.P. She purchased the Sari from Rajasthan. If such a Saree of one’s choice gets discoloured due to the fault of any Laundry owner, the customer will very much sustain mental agony and , therefore, the complainant is also deemed to be entitled to compensation for mental agony and harassment and the order is passed accordingly hereunder.
Both the points are thus answered in favour of the complainant.
In the result, the case succeeds.
Hence,
ORDERED
That the complaint case be and the same is allowed on contest against the O.P with cost which is quantified to be Rs.1000/-.
The O.P is hereby directed to return the value of the Saree to the complainant i.e Rs.1300/- and to pay a sum of Rs.1000/- as compensation for causing mental agony and harassment to the complainant and also to pay the litigation cost of Rs.1000/- as referred to above within a month of this order ,failing which, the compensation amount and the refund amount will bear interest @12% p.a till full realization. If the value of the Saree is paid to the complainant, the O.P is at liberty to take back the Saree from the Forum.
Let a free copy of this order be given to the parties concerned at once.
Dictated and corrected by me
President
We / I agree.
Member Member
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
ORDERED
That the complaint case be and the same is allowed on contest against the O.P with cost which is quantified to be Rs.1000/-.
The O.P is hereby directed to return the value of the Saree to the complainant i.e Rs.1300/- and to pay a sum of Rs.1000/- as compensation for causing mental agony and harassment to the complainant and also to pay the litigation cost of Rs.1000/- as referred to above within a month of this order ,failing which, the compensation amount and the refund amount will bear interest @12% p.a till full realization. If the value of the Saree is paid to the complainant, the O.P is at liberty to take back the Saree from the Forum.
Let a free copy of this order be given to the parties concerned at once.
Member Member President
