Orissa

Cuttak

CC/145/2017

Rashmi Ranjan Parida - Complainant(s)

Versus

Sri Pratap Sethi - Opp.Party(s)

G S Mohanty

16 Apr 2019

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

C.C No.145/2017

 

Rashmi Ranjan Parida(Ranjan),

Res. of Plot No.E/729,Sector-11,PS:Phase-II,

C.D.A,Dist:Cuttack.                                                                  … Complainant.

 

Vrs.

Sri Pratap Sethi(Owner),

New Moon Light Dry Cleaners,

C.D.A,Sector-9, In front of S.B.I Colony,

PO/PS:Markatnagar,Cuttack-753014.

(Represented through the owner).… Opp. Party.

 

Present:               Sri Dhruba Charan Barik,President.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:    05.12.2017

Date of Order:  16.04.2019

 

For the complainant  :    Sri G.S.Mohanty,Advocate & Associates.

For the Opp. Party.    :    Sri S.K.Lenka,Adv. & Associates.

 

Smt. Sarmistha Nath,Member(W).

 

                The complainant has filed this complaint before this Forum against the O.Ps for redressal of his grievance U/S-12 of the Consumer Protection Act,1986(Act in short) in terms of his prayer made in the complaint petition.  The allegation made in the complaint is with regard to deficiency in service & unfair trade practice adopted by the O.Ps.

1. The case of the complainant is that the complainant had handed over two jackets along with other clothes to O.P for washing on 8.11.16 and the O.P. had issued a bill bearing No.3902 to the complainant stating the date of delivery as dt.18.11.16(copy of the bill attached to the petition).  On 18.11.16, the complainant went to the shop of the O.P for return of his washed clothes.  After verifying the receipt the O.P had returned all the clothes except one valuable jacket of the complainant.  The complainant had purchased the said jacket from Lajpat Nagar,New Delhi at a cost of Rs.7999/-.  The purchase invoice No. is SFZ/225/15-16 of the aforesaid jacket is attached to the petition.  The complainant handed over the jacket to the O.P in good condition for washing.  The O.P did not return the said jacket to the complainant even after several requests.  The O.P. has already received Rs.815/- towards washing charges of the said jackets along with other clothes.  Lastly on 16.11.17 the O.P threatened the complainant and refused to return the jacket of the complainant in presence of the local people for which the complainant has suffered financial loss and mental agony.

So the complainant has prayed to direct the O.Ps to return the jacket along with compensation of Rs.2000/- towards mental torture, travelling expenses and Rs.3000/- for litigation expenses or the O.P to compensate a total loss of Rs.13,000/- to the complainant.

2. The O.P. though entered appearance through his advocate but neither filed any written version nor contested the case for which he was set exparte on 31.1.2019.
3. We have gone through the case records in detail and documents filed by the complainant.  It is found that the complainant handed over two jackets and some other clothes to O.P for washing on 8.11.16 and the O.P. had issued a bill bearing No.3902 to the complainant stating the date of delivery as 18.11.16.  On 18.11.16 the O.P had returned all the clothes except one jacket of the complainant.  The complainant has approached the O.P for return of the said jacket several times but the O.P did not return the jacket.  The O.P did not controvert the averments of the complainant.  So the doctrine of non-traverse is applicable in this case and the action of the O.P amounts to unfair trade practice and deficiency in service.

 

 

ORDER

The case is allowed on contest against the O.P.  The O.P is directed to return the jacket of the complainant and pay Rs.2000/- as compensation and Rs.3000/- towards litigation cost or alternatively pay Rs.13000/- as compensation to the complainant within 45 days from the date of receipt of this order.

Typed to dictation, corrected and pronounced by the Hon’ble Member in the Open Court on this the 16^th   day of April,2019  under the seal and signature of this Forum.

 

  ( Smt. Sarmistha Nath )

                       Member (W)                                                                                                                                                                                                                                                                                                                                                                                                       (Sri D.C.Barik)

                                                                                                              President.