Case No. 111/2016   

IN THE MATTER OF

Ashok Kumar S/o Sri Tej Pal Singh Manager Bank Of India R/o vivek Vihar Agra Road, Aligarh

                             (Through: Advocate G.N. Singh Rana)

                                           V/s

New Life Dyers and Dry cleaners Jafar Building Railway Road, Aligarh   byy Prop.

(Through: Advocate Promad Kumar)

CORAM

 Present:

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhyaya, Member
3. Smt. Purnima Singh Rajpoot, Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for  the following reliefs-

1.  The Op be directed to pay the amount Rs.7550/ the price of saree damaged in dry cleaning.
2. The Op be directed to pay Rs.5000/ /as compensation for harassment and Rs.2500/ as cost of the case.

2. Complainant stated that he had purchased a saree for Rs. 7550/ on 17.03.2015 from Fashion Collection AC Showroom Palwal Road,Khair, Aligarh for his wife. The saree was given to op for dry cleaning on 22.03.2016 and when he went to op Shop for taking  delivery of saree on 02.04.2016, he found that saree was damaged. Op told the complainant to take the saree after 2-4 days after repairs, but the Op did not returned the saree  after repair and assured to pay the price of saree in first week of July, 2016. OP did not pay the price of saree hence filed the complaint.    
3. OP submitted in WS that on 13.03.2016 complainant  had given 3 saree and 3 blouse for dry cleaning and delivery was to be made on 18.03.2016 and the complainant had received 3 saree and blouses on that day. Later on  complainant visited the shop on 2.4.2016 and he gave one saree and asked the OP to remove some oily spots and to repair the threads of pearls if possible. Op repaired the saree and it was again dry cleaned. Complainant was not charged for the same. Complainant did not visit the shop after 2.04.2016 for taking delivery of   the saree and filed this  case for undue advantage.  
4.  Complainant has filed his affidavit and papers in support of his pleadings. And Op has also filed his affidavit and papers in support of his pleadings.
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before complainant is entitled any relief.
7. OP has admitted in WS that on 2.4.2016 the saree was given to him for dry cleaning and the OP had to remove the spots and to arrange the pearls with threads. Op has admitted that repairing of saree with pearls and threads but it was not completely done and OP has not stated that the spots were removed. Thus it is clear that the saree was not properly repaired and it remained damaged lying with the OP and op is liable to pay the price of the saree to the complainant.
8. The question formulated above is decided in favour of complainant.
9. We hereby direct the OP to pay the price of the saree Rs.7550/with 9 %per annum pende lite and future interest. We also direct to the op to pay the complainant  Rs.2500/ as litigation expenses.
10. Ops  shall comply with the direction within 45 days failing which  shall be prosecuted for non-compliance in accordance with section 72 of the Act for awarding punishment against him.
11. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
12. File be consigned to record room along with a copy of this judgment.