BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 24/03/2012

Date of Order : 31/07/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 191/2012

Between

And

O R D E R

A. Rajesh, President.

1. The case of the complainant is as follows :

On 14-01-2012, the complainant entrusted a silk sari with blouse with the agent of the opposite party for dry cleaning. Since the dry cleaning was not proper, the opposite party dry cleaned the apparel on 3 occasions and subsequently it was found that the border and a portion of the same was shred into pieces from the frying pan into the fire. The complainant approached the opposite party to compensate the damage sustained by her. The opposite party accepted the sari and re-delivered the same after darning the defects and agreed to pay a compensation of Rs. 1,000/- against the real value of Rs. 6,400/-. The complainant was not ready to accept the offer. Thus, the complainant is before us seeking direction against the opposite party to pay a total compensation of Rs. 30,000/- which includes the price of the sari.

2. The version of the opposite party is as follows :

The opposite party is running a dry cleaning centre under Ville Amy Resorts and Tourism Private Ltd., since 01-09-2011. On receipt of the sari and its verification, the opposite party noticed certain defects in the sari. Accordingly, the opposite party returned the same without dry cleaning to the collection agent. Again as per the direction of the complainant on 21-01-2012, the opposite party dry cleaned the sari and returned the same to the complainant. Thereafter on 27-02-2012 that is, after 34 days the complainant approached the opposite party with a complaint of defect of the sari. As a gesture of good will, the opposite party offered to pay compensation to the complainant. As per the terms in the order form if the complainant submits the original bill of the sari, the opposite party is liable to pay 50% of the price as compensation, since she failed to produce the same, the complainant offered 10 times of the processing charge that is Rs. 1,000/- to the complainant. The opposite party is ready to settle the matter amicably.

3. No oral evidence was adduced by the parties. Exts. A1 and B1 to B4 were marked on the side of the complainant and the opposite party respectively. The report of the expert was marked as Ext. C1. Heard the complainant and the opposite party who appeared parties in person.

4. The only question that comes up for consideration is whether the complainant is entitled to get a total compensation of Rs. 30,000/- from the opposite party or not?

5. Admittedly on 14-01-2012, the complainant entrusted the sari with the opposite party for dry cleaning. According to the complainant, the opposite party redelivered the sari after its dry cleaning in a damaged condition, she states that the price of the sari was Rs. 6,400/-. According to the opposite party, they received the sari in question in a damaged condition, so they returned the same stating that the same is defective. However, as a gesture goodwill, the opposite party agreed to pay compensation to the complainant as per the terms and conditions in Ext. A1. Regarding payment of compensation, the opposite party vehemently relied on Clause No. 5 which reads as follows :

“In case if garments are lost, misplaced or damaged, the company shall pay 50% of the original price of the garments, provided proof is submitted by the customer of its original cost. If no such proof is available, then the damages is limited to 10 times the processing charge for the lost, damaged or misplaced article. In case the claim is paid, then the garment for which the claim is paid then the garments becomes the property of Smile Launderers and Dry cleaners.”

6. During the proceedings at the instance of the complainant, owing to the fact that she did not have an original bill the disputed sari was forwarded to M/s. Jayalakshmi Silks to assess the price of the same they duly assessed the price of the sari and sent Ext. C1 report to this Forum. As per Ext. C1, they assessed the price of the sari at Rs. 4,250/-. The complainant has produced the sari in question for verification of this Forum. This Forum found that at many places, the sari was torn here and there and were darned.

7. Now the question would arise, whether the sari was in a damaged condition at the time of entrustment of the same with the opposite party. We are not to accept the contention of the opposite party that they have received the sari in a damaged condition for the simple reason that such an endorsement does not find a place in Ext. A1 which had been prepared at the outset not to mention any one of the stature of the opposite party would have undertaken the activity in the first place. Though, the complainant contended that her sari was worth Rs. 6,400/- she failed to produce the original bill. In that view of the matter, we are only to rely on Ext. C1, which was admitted in evidence without demur. Bindingly, this Forum is only to fall back on Clause 5 in Ext. A1 to settle matters right. We do so. Time and tide has changed since raising the stature of the customer as viewed much earlier. Wherein a sari of much lesser amount would have sufficed the customer here had opted for a better choice. But due to unforeseen and unfortunate circumstances has made such a lady of her stature unable to wear again the sari in question in its present condition. Damages have been caused. This Forum feels an award of Rs. 2,000/- in addition to the 50% of the price of the sari as per Ext. C1 would mitigate the agony of the complainant. We grant that relief as well to the complainant.

8. In the result, we partly allow the complaint and direct as follows :

1. The opposite party shall pay 50% of the amount as per Ext. C1 to the complainant.

2. The opposite party shall also pay Rs. 2,000/- to the complainant towards damages.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order, failing which the above amounts shall carry interest @ 12% p.a. till payment.

Pronounced in open Forum on this the 31^st day of July 2012

Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :-

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