O R D E R
Sri. George Baby (President):
The complainant has filed this petition u/s.12 of the C.P. Act 1986 for getting a relief from the opposite parties.
2. The Complainant’s case in brief as follows:- That the opposite party is a dry cleaning and saree polishing centre function under the name and style of Sobha dry cleaners and saree polishing centre on 06/11/2018. The complainant had entrusted a double coat bed cover worth rupees 5,000/- to the opposite party for dry cleaning and the same was brought from USA. The opposite party had agreed to return the bed cover on 20/11/2018 after dry cleaning. The opposite party had issued a receipt numbered as 9537 to the complainant. The opposite party had received an amount of rupees 150/- from the complainant on the date of its entrustment as its cleaning charge. But the opposite party had not return the bed cover as agreed. For collecting bed cover that the complainant has visited the opposite party’s shop more than once but that has not yield any positive result till this time. Hence this complaint.
3. This Forum entertained the complaint and issued notice to the opposite party for his appearance. The opposite party properly acknowledged the notice from this Forum but he has not come forward to contest the matter. Hence the opposite party declared ex parte on 04/12/2019.
4. On the basis of the complaint and the record we framed the following issue for determination:
1. Whether the complainant is entitled to get any relief from the
oppositeparty?
2. Whether the complainant is entitled to get compensation and
cost from the opposite party?
5. The complainant had filed proof affidavit in lieu of his chief examination and the same is more or less in tune with the complaint. The complainant is examined as PW1. Exhibit A1 is marked through PW1. Exhibit A1 is the original receipt numbered as 9537 in the name of complainant dated 06/11/2018 issued by the opposite party. After the closure of evidence we heard the complainant.
7. Point No.1&2:For the sake of convenience we would consider point number 1 & 2 together. The complainant’s specific case is that he had given a bed cover to the opposite party for dry cleaning on 06/11/2018. The bed cover was brought from USA and its price was rupees 5,000/-. After accepting the bed cover the opposite party had issued a receipt to the complainant and the opposite party had received rupees 150/- from the complainant as its dry cleaning charge. The opposite party had agreed to return the bed cover on 20/11/2018 after cleaning. But the opposite party had not returned the same to the complainant till this time. Exhibit A1 is sufficient enough to prove the case of the complainant. Exhibit. A1 proved the entrustment of bed cover to the opposite party and it’snon-returning on the agreed date. Moreover the complainant’s deposition or the case is not challenged by the opposite party and hence the contention stands proved as unchallenged. In the circumstances we found point No. 1 & 2 in favour of the complainant.
11. In the result we pass the following order.
1. The opposite partyis directed to return the bed cover of the complainant within 10 days from the date of receipt of this order failing which the opposite party is directed to pay an amount of rupees 5,000/- (Rupees Five Thousand Only) to the complainant with 10% of interest from the date of petition that is on 07/11/2019.
2. The opposite partyis directed to pay an amount of rupees 3,000/- (Rupees Three Thousand Only) as compensation for the mental agony and sufferings to the complainant along with cost of Rs. 2,000/- (Rupees Two Thousand Only) with 10% interest from the date of order onwards.
Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 30thday of January, 2020.
(Sd/-)
George Baby,
(President)
Smt. N. ShajithaBeevi (Member-I) : (Sd/-)
Sri.NishadThankappan (Member-II): (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1:Joys.P.V.
Exhibits marked on the side of the complainant:
A1:Original receipt numbered as 9537 in the name of complainant dated
06/11/2018 issued by the opposite party.
Witness examined on the side of the opposite parties:Nil.
Exhibits marked on the side of the opposite parties: Nil.
Copy to:-
1. Joys.P.V,
S/o Late K.Varghese,Poikayil House,Prakkanam.P.O.
2.Rep. by its Proprietor.
Sobha Dry Cleaners &Saree Polishing Centre,
Near Old Pvt. Bus Stand,Pathanamthitta.P.O – 689 645.
(Set Ex parte on 04/12/2019)
3. The Stock File.
