COMPLAINT FILED: 13-05-2010 <br /> DISPOSED ON: 20-08-2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 20TH AUGUST 2010<br /> <br /> <br /> PRESENT :- SRI. B.S.REDDY PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> <br /> COMPLAINT NO.1093/2010<br /> <br /> <br /> <br /> COMPLAINANT <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Pooja Singla,<br /> IF-803, AKME HARMONY,<br /> Marathahalli Outer <br /> Ring Road, <br /> Near Belandur Gate,<br /> Bangalore-560 103.<br /> <br /> In person<br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTY Pure Wash Laundries<br /> #12, Syndicate Bank Colony,<br /> Nanjappa Layout, <br /> Hulimavu,<br /> Bannerghatta Road,<br /> Bangalore-76.<br /> <br /> In person<br /> <br /> <br /> <br /> <br /> <br /> O R D E R<br /> <br /> SMT. M. YASHODHAMMA, MEMBER<br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction against the Opposite Party (herein after called as O.P) to pay Ten time of washing rate of Rs.720/- i.e. Rs.7,200/- as compensation on the allegations of deficiency in service on the part of the OP.<br /> <br /> 2. The brief averments made in the complaint are as follows:<br /> <br /> On 19.02.2010 complainant delivered some cloths to OP for dry cleaning. One person by name Mr. Jai Ram had come and collected the clothes from complainant’s house. The said clothes were supposed to be delivered back to complainant on 23.02.2010. When complainant did not receive clothes till 27.02.2010 complainant called up OP. OP informed the complainant that clothes will be delivered within a couple of days. OP failed to keep up its promise went on like this for few more days. Finally complainant went to shop of OP at Nanjappa Layout, Hulimavu, one Mr. Mohan the Manager of OP tried to give some other date but failed to convince the complainant. Complainant informed OP that they will approach Consumer Forum if failed to get the same within next 3 days. The Manager tried to threaten the complainant of dire consequences. Complainant not received the clothes till today. OP must have lost clothes. Hence complainant felt deficiency in service against OP. Under the circumstances she is advised to file this complaint for necessary relief’s.<br /> <br /> 3. On appearance OP filed its version mainly contending that complainant has not approached this forum with clean hands. The facts therein are twisted and misrepresented to suit her own representation. OP admits the collection of 15 pieces together for dry cleaning from complainant, on 19.02.2010 from the residence of the complainant at 1F-803, Akme Harmony, Marathahalli, Ring Road, Bangalore-560 103 under their home pick up and delivery services; The due date for delivery as mentioned in the bill was 23.03.2010; On 23.03.2010 OP delivered 13 out 15 pieces to the complainant at the above said address; regarding the balance 2 pieces i.e curtains OP informed the complainant that due to over exposure to sunlight, material being thin and delicate has got damages at some places; OP brought to the knowledge of the complainant as per the clause 4 of the terms and conditions printed on the bill wherein it’s mentioned “No responsibility can be accepted for shrinkage or damage to any article or for defects becoming apparent during treatment which are due to defective manufacture, adulteration and deterioration or to wear and exposure”. However as gesture of goodwill and good customer relationship OP offered to get the curtains restored to reasonable level of usable condition by repair to the damaged parts; However complainant did not agree for the same and so adamant that she should be paid 10 times of the service charges of Rs.720/- charged by OP for all the 15 items (i.e. 10x720=7200); Though OP had returned 13 other items duly dry cleaned to the satisfaction of the complainant; Complainant has held back the payment of the entire bill amounting to Rs.720/-. Under clause 8 of terms and conditions complainant is claiming as under; <br /> <br /> “Ten times the washing rate will be given for articles lost (within 2 months) except small pieces like Kerchief, Scarf etc”; The said clause applicable for article totally lost; OP with an intention to the settle the matter amicably offered to pay 10 times of the washing charges in respect of the 2 items in question amounting to Rs.1400/- as shown bellow. <br /> <br /> Washing charges for two curtains <br /> Rs.70x2 = Rs.140/-<br /> Amount settled at 10 times <br /> i.e., Rs. 140 x 10 = Rs.1400/-<br /> <br /> Complainant is due to OP sum of Rs.720/- being the service charges towards dry clean of all the 15 clothes; OP offered to pay the balance of Rs.680/- (1400-720=680); Complainant did not accept the above offer. Complainant misrepresented the fact and tried to mislead this Honourable Forum; Thus OP prayed for dismissal of the complaint.<br /> <br /> 4. To substantiate complaint averments, complainant filed her affidavit and produced bill issued by OP dated 19.02.2010. OP not filed the affidavit evidence, inspite of sufficient opportunity. Heard the complainant. Taken as heard on OP side.<br /> <br /> 5. In view of the above said facts the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No. 1 :- Whether the complainant has Proved <br /> the deficiency in service on the part of <br /> the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the relief’s now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 6. We have gone through the pleadings of the parties both affidavit and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on the above points are:<br /> <br /> Point No.1:- Affirmative<br /> Point No.2:- Affirmative in part<br /> Point No.3:- As per final Order.<br /> <br /> <br /> R E A S O N S<br /> <br /> 7. At the out set it is not in dispute that the complainant had given 15 clothes to OP for dry cleaning (Curtains, blankets etc.) on 19.02.2010. The said cloth supposed to be delivered on 23.02.2010. Since OP failed to deliver the cloth, on 27.02.2010 the complainant approached OP personally to their shop at Nanjappa Layout, Hulimavu, Bangalore and confronted them. Till today complainant has not received the clothes by OP. Complainant feels OP must have lost the clothes. Hence she approached this forum for appropriate relief’s.<br /> <br /> 8. As against the case of the complainant, the defence of the OP is that on 19.02.2010 OP collected 15 pieces clothes from complainant residence at 1F-803, Akme Harmony, Marathahalli, Ring Road, Bangalore under their home pick up delivery service. On 23.03.2010 OP delivered 13 pieces clothes at the above said complainant address. Regarding the balance 2 pieces i.e curtains got damaged at some places, same was brought to the notice of the complainant. OP offered to get the curtains restored to a reasonable level of usable conditions by repairing to the damaged parts but complainant did not agree for the same. This fact of offer is suppressed by the complainant in her complaint, as she has not disclosed this fact. <br /> <br /> 9. Further case of the OP is that, it offered settlement and tried to settle the matter amicably by offering to pay ten times of washing charges in respect of the 2 items damaged amounting to Rs.1400/-, minus service charges due by the complainant is Rs.720/- i.e to pay Rs.680/- but complainant failed to accept the offer made by the OP. In our view though it is contended by the OP it has delivered the other 13 pieces of clothes, but failed to produced any documents in support of its contention.<br /> <br /> 10. Though OP has offered for settlement but failed to produce any documents for having delivered 13 pieces of cloth to complainant and also failed to file affidavit evidence in support of its defence. Under these circumstances we are of the view that the complainant proved deficiency in service on the part of OP. Complainant is entitled for some global compensation of Rs.4,000/-. Accordingly we proceed to pass the following:<br /> <br /> <br /> <br /> <br /> <br /> ORDER<br /> <br /> Complaint is allowed in part. OP is directed to pay Rs.4,000/- as compensation to the complainant. This order is to be complied within four weeks from the date of its communication. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 20th day of August 2010.) <br /> <br /> <br /> <br /> <br /> <br /> MEMBER PRESIDENT<br /> <br /> <br /> gm <br /> <br /> <br />