BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BENGALURU – 560 027.

DATED THIS THE 18^th DAY OF MARCH 2021

CONSUMER COMPLAINT NO.713/2019

PRESENT:                                                          

Sri.K.S.Bilagi, B.com, M.A., LL.M.….   PRESIDENT

Smt.L.Mamatha, B.A., (Law), LL.B.….    MEMBER

Sri. M.B. Seena, B.A., (Law), LL.B.             ….        MEMBER

Misty Waters,

W/o Mr.Niklas Von Kuczkowski,

Aged about 31 Years,

Residing a No.425,

Kalyan Nagar,

HRBR Layout Block-2,

(Complainant is Rep by Sri.Kamaluddin Ahmed, Adv)

V/s

OPPOSITE PARTY:

M/s Spin Cycles,

Kalyan Nagar Branch,

At: DRS House, 4^th Cross Road,

7^th Main Road, HRBR Layout,

2^nd Block, Kalyan Nagar,

Bengaluru-560043.

(Opposite Party is Rep by Sri.M.Prashanth, Adv)

WRITTEN BY SRI K.S.BILAGI., PRESIDENT

******

//ORDER ON MERIT//

1. The Complainant seeks an order for Rs.2,95,432/- against the Opposite Party by invoking Section-12 of Consumer Protection Act, 1986.

2. The case setup by the Complainant in brief is as under:

The Complainant has purchased six suits for her husband and gifted the same to her husband.She gave six men’s suit items for Dry Cleaning to the Opposite Party on 16.09.2018 vide receipt for Rs.1,015/-.Eventhough, she has collected the above items after Dry cleaning, she noticed that above items have been spoiled and not properly dry cleaned.Thereby, there is a deficiency of service on the part of the Opposite Party.She called upon the Opposite Party to pay the costs of the suits of her husband, but failed to heed her request.Hence this complaint.

3. In response to the notice, the Opposite Party appears through its Counsel, but failed to file version within stipulated time of 45 days from the date of service of notice with complaint.

4. The Complainant files affidavit evidence and relies on 5 documents in support of her case. The Complainant has also filed Certificate u/s 65(B) of Indian Evidence Act.

5. Heard the arguments of both side and perused the records.

6.  The points that arise for our consideration are;

1. Whether the Complainant proves deficiency of service on the part of the Opposite Party ?

2. Whether the complainant is entitle to reliefs claimed in the complaint ?

3. What order? 

7. Our findings on the above points are as under:-

1. POINT NO.1           : Affirmative
2. POINT NO.2           : Affirmative in part
3. POINT NO.3           : As per the final order for

                                the following;

:REASONS:

8. POINT NO.1 & 2:- Eventhough, the Opposite Party has failed to file version within stipulated time, but the Complainant must prove her case by reliable evidence.
9. The Counsel for the Opposite Party vehemently argues that initially the complaint had been filed showing 3 suits were given to dry cleaning and the Complainant got amended the complaint adding seven items.  He also argues that after amendment of the complaint, the Complainant has not led any evidence about Seven items given to the Opposite Party for dry cleaning.  Further argues that the affidavit evidence of the Complainant indicates the cost of three suits given for dry cleaning is Rs.74,644/-.  Eventhough the original complaint is taken into consideration, three suits means six items i.e., coat, trouser.  The Complainant has specifically stated in Para-3 of her complaint and evidence that she had purchased six suits and gave six men’s items for dry cleaning.

10. EX.P1 Invoice indicates that husband of the Complainant Niklas von kuczkowski had purchased 5 items worth Rs.61,444/-.  As per EX.P2 the receipt issued by the Opposite Party indicates that the Complainant gave 4 Blazer and 3 Pants for dry cleaning purpose and agreed to pay Rs.1,015/-.  The Complainant has produced EX.P3 photos and EX.P4 CD of the photos which clearly indicate that the coat and pant which are in dispute indicate shrinkage.  The Complainant by issuing EX.P5 legal notice dt.05.02.2019 called upon the Opposite Party to pay the loss suffered by her to the tune of Rs.74,644/-, despite receipt of notice as could be seen from EX.P5. EX.P5(a) Postal receipt and Ex.P5(b) postal acknowledgement.   The Opposite Party neither issued any reply nor denied the allegations made by the Complainant.
11. The averments made in the complaint have been supported by the oral and documentary evidence of the Complainant.  It has been proved that the husband of the Complainant had purchased 5 items worth Rs.61,444/-.  Eventhough, the Complainant gave 7 items for Dry cleaning to the Opposite Party on 16.09.2018 but cost of the other two items has not been proved.  Oral evidence and documentary evidence of the Complainant clearly indicate that the Complainant has suffered a loss to the extent of Rs.61,444/- only.  The Opposite Party failed to take proper care at the time of dry cleaning the items of the Complainant.  The Complainant has proved that she has paid Rs.1,015/- to the Opposite Party towards dry cleaning charges.  It has been proved that the Complainant has suffered loss to the extent of Rs.61,444/- only and she had spent Rs.1,015/- towards dry cleaning.  The Complainant is entitled these two amounts. 

12. The Complainant claims interest at 24% on claim of Rs.74,644/-, this rate of interest is exorbitant. The Complainant claims Rs.2,00,000/- as damages. It has been proved that the Complainant has suffered loss to the extent of Rs.61,444/- and loss of Rs.1,015/- towards dry cleaning charges.  The Complainant is not entitled interest and damage at a time.  It has been proved that due to the deficiency of service on the part of the Opposite Party, the Complainant has suffered harassment.  Under such circumstances, it is proper to award damages of Rs.10,000/- and Rs.3,000/- towards cost of litigation.  Therefore, the Complainant is entitle to Rs.61,444/- + Rs.1,015/- + Rs.10,000/- and Rs.3,000/- i.e., Rs.75,459/- only.

13. POINT NO.3:  In view of the discussion and reason assigned in the preceding paragraphs, the complaint requires to be allowed in part.  The Complainant is entitle to Rs.75,459/- only due to the claim amount.  It is pertinent to note that there is no whisper in the complaint that she is ready to return the damaged articles to the Opposite Party.  Under such circumstances, it is proper to direct the Complainant to return damaged clothes to the Opposite Party.  We proceed to pass the following ;
6698606.  

The complaint is allowed in part. 

The Opposite Party is directed to pay a sum of Rs.61,444/- towards cost of clothes to the Complainant for causing mental agony.

The Opposite Party is directed to pay a sum of Rs.1,015/- towards dry cleaning charges to the Complainant.

The Opposite Party is directed to pay a sum of Rs.10,000/- towards damages to the Complainant.

The Opposite Party is directed to pay a sum of Rs.3,000/- towards cost of the litigation. 

The Opposite Party is directed to pay this amount within 60 days from this date.  Failing which the Opposite Party shall pay interest at 10% p.a. on Rs.62,459/- till realization. 

The Complainant is directed to return the damaged clothes to the Opposite Party within 60 days from this order.    

Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the Complainant.

 (Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced by the open Forum on 18^th day of March 2021)

• M.B. SEENA )      (L.MAMATHA)      (K.S.BILAGI)    
•  

//ANNEXURE//

Witness examined for the complainants side:

Sri.Misty Waters, who being the complainant has filed his affidavit.

Documents marked for the complainant side:

1. Computer generated Invoice dt.17.02.2018.
2. Copy of the mail communication dt.16.09.2018 sent to Complainant by the Opposite Party which is in the form of an Invoice.
3. Photographs numbers of 20.
4. CD containing photographs.
5. Certificate u/s 65(B) of the Indian Evidence Act.
6. Copy of the Legal Notice dt.05.02.2019.
7. Postal receipt and postal acknowledgement.

Witness examined for the opposite party side:                  

 Sri.Gopi Kumar Narendra, Managing Partner of the Opposite Party has filed his affidavit.

Documents marked for the opposite parties side:

• M.B. SEENA )         (L.MAMATHA)          (K.S.BILAGI)    
•