Date of Filing:17.11.2008 Date of Order:20.12.2008 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 20TH DAY OF DECEMBER 2008 PRESENT Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 2469 OF 2008 Mrs. Paula Ganguli, 71 Langford Court, 9 Langford Gardens, Bangalore 25. Complainant V/S Snoways, Launderers and Dry Cleaners, No. 86/1, Residency Road, Opp Opera Theatre, Bangalore-25. Opposite Party ORDER By the President Sri. S.S. Nagarale This is a complaint filed by the complainant stating that she had given green salwar kurta for dry cleaning to the opposite party on 25/8/2008. However, after dry cleaning it has turned to brown color. On questioning them the opposite party said they have not done anything wrong. The complainant asked them to pay compensation since color had been changed completely. The complainant enclosed copy of the laundry receipt and photographs of the kurta. Therefore, the complainant has prayed that opposite party be directed to compensate her for the loss. She has claimed in all Rs.3,500/- as compensation. 2. Notice was issued to opposite party by RPAD. Notice was served. The opposite party has not appeared and contested the matter in spite of service of notice. Therefore the opposite party placed as exparte. 3. Perused the complaint, photographs and receipts of the opposite party. The complainant has produced photographs. In the first photograph, the color of salwar kurta appears to be green and in the second photograph which has been taken after dry cleaning appears to be brown. Therefore, there is a considerable merit and force in the complaint. The case of the complainant cannot be disbelieved since she has come to the Forum with her grievance along with photographs and receipts. The opposite party has not appeared and contested the matter though served with notice. It appears that the opposite party has no defense to make thats why it has been remained absent. There is absolutely no reason to disbelieve the case put up by the complainant. The complainant was present in person submitted that at least some nominal compensation be awarded for the injury, loss and inconvenience caused to her. Consumer Protection Act is a social and benevolent legislation intended to protect the better interest of the consumers. A consumer is the most important visitor in the premises of opposite party. Consumer is not dependent on the service provider. On the other hand the service providers are dependent on the consumers. The opposite party cannot escape from its liability to compensate the complainant for the loss sustained by remaining exparte. It is the duty and obligation of the opposite party to compensate the complainant for the deficiency in service. Since the color of the salwar kurta was changed from green to brown after dry cleaning it amounts clearly a deficiency in service. Therefore, the complainant is entitled for the compensation for the deficiency in service. On the facts of the case, I feel the ends of justice will be met in awarding Rs.800/- as compensation including costs of the present litigation. In the result, I proceed to pass the following:- ORDER 4. The Complaint is allowed. The opposite party is directed to pay Rs. 800/- as compensation including costs of the present proceeding to the complainant within 30 days from the date of this order. 5. The opposite party is directed to send the amount by way of D.D/Cheque directly to the address of the complainant with intimation to this Forum. 6. Send the copy of this Order to both the parties free of costs immediately as a statutory requirement. 7. Pronounced in the Open Forum on this 20TH DAY OF DECEMBER 2008. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER Rhr.
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