Tamil Nadu

South Chennai

CC/80/2020

Mrs. Rohini Ravikumar - Complainant(s)

Versus

The Big Laundry, Chrysalis Home Needs Pvt. Ltd., - Opp.Party(s)

K.T. Sankar Subramanian

24 Aug 2022

ORDER

Date of Complaint Filed : 02.11.2020

Date of Reservation      : 11.08.2022

Date of Order               : 24.08.2022

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                            : PRESIDENT

                        THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                        THIRU. S. NANDAGOPALAN., B.Sc., MBA.,   : MEMBER II

 

CONSUMER COMPLAINT No.80 /2020

WEDNESDAY, THE 24^th DAY OF AUGUST 2022

Mrs.RohiniRavikumar,

Wife of Mahesh Kumar.S,

New No.11 old No.6,

Third Avenue,

Besant Nagar,

Chennai - 600 090.                                                           ... Complainant                       

 

..Vs..

                                                    

The Big Laundry,

Rep. by its Proprietor,

Chrysalis Home Needs Pvt.Ltd,

New No.1/56, Pudupakkam,

(Behind HanumanTemple),

Vandalur - Kelambakkam Road,

Kanchipuram District - 603 103.

 

Also at

 

Apex Plaza,

5^th Floor, Nungambakkam High Road,

Tirumurthy Nagar,

 Nungambakkam,

Chennai-600 034.                                                ...  Opposite Party

Tamil Nadu.         

******

Counsel for the Complainant          : M/s. K.T.Sankar Subramanian

Counsel for the Opposite Party       : Exparte

 

        On perusal of records and after having heard the oral arguments of the Counsel for the Complainant, we delivered the following:

ORDER

Pronounced by Member-II, Thiru. S. Nandagopalan., B.Sc., MBA.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to direct the Opposite Party to refund the entire money of Rs.11,800/- being the subscription amount to be collected by the Opposite Party along with interest @18% p.a from the date of collection till date of recovery of such amount and direct the opposite Party to pay a compensation of Rs.2,00,000/- towards deficiency in service, mental agony, loss of mental peace and sufferings along with cost.

2.     The averments of Complaint in brief are as follows:-

The Complainant and her husband are practising Advocates in the Hon'ble Madras High Court where they utilise a lot of white cotton clothes on a daily basis. This is the main reason why the Complainant has chosen the Opposite party service which is for laundering and dry cleaning these white clothes. The Complainant subscribed laundry services vide receipt dated 02.12.2019 by paying an amount of Rs. 11,800/- which includes the package of 700 garments with a validity period of 1 year. Out of which approximately 300 garments services only utilised which leaves a room for roughly 400 more garments to be serviced. In this scenario, from 1st August 2020 the Complainant has been consistently receiving calls and WhatsApp messages from the Opposite party office to renew the package by allegedly claiming that the authorised limit is 400 garments out of which 396 have been exhausted. Since the Complainant had subscribed for a package of 700 garments with one-year validity as on 02.12.2019 by exhausting not more than 300 garments, but the Opposite Party false allegation clearly shows unfair trade practice thus causing inconvenience to the Complainant. During Pandemic Opposite Party has not provided the laundry services but however after lockdown has been lifted the officials from Opposite party company have been constantly harassing and informing that the subscription is over and has to reapply for the same. On 13.08.2020 Complainant sent an email stating that the subscription is not yet over since it was for 700 garments with 1 year validity. But, a very careless reply was sent by the Opposite party stating that they are not bound for any Whats App messages sent by their employees.

Moreover, Complainant furnishes that the mentioned package was confirmed by one of the Opposite Party employees over a text message on Whats App vide number 8939809438 was an inducement for the Complainant to take up the membership. It is to be noted that number which Whats App messages sent to subscribe for the package is the same Whats app number which constantly harassing to renew the same package, therefore it is clear that Whats App messages sent by vide number 8939809438 is the Opposite Party employee and are liable to honour the commitment given by their employee. Everyday receives SMS stating someone will pick the soiled clothes but no person picked. This shows utmost disrespect to the customer by the Opposite Party by very well knowing that they have nothing to lose instead making the Complainant to run from pillar to post causing great loss and damage besides mental tension, trauma and inconvenience and loss of money. Hence the Complainant approached this Hon'ble District Commission to get justice. Hence the complaint.

3.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-5  were marked.   

4.     Inspite of sufficient notice served on Opposite Party, the Opposite Party failed to appear before this commission and they have been called absent and set Ex-parte.

 

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No 1 :-

As per Ex.A-1 the Complainant subscribed laundry services with the Opposite Party on 02.12.2019 by paying an amount of Rs. 11,800/- which includes the package of 700 garments with a validity period of one year. After a close follow up with the Complainant the Opposite party employee duly accepted the 700 garments subscription via Whatsapp Interaction with the Complainant as found in the Ex.A-2 , and the Complainant had availed for the laundry service by making a payment to the Opposite Party Bank Account i.e HDFC Bank , Besant Nagar Branch as found in Ex.A-2. Since then Complainant utilised the services approximately for 300 garments leaving a room for roughly 400 more garments to be serviced. In these circumstances the Opposite Party is not in the position to avail the services during lockdown imposed by the Government due to Covid Pandemic time by not allowing the Complainant to utilise the balance services of 400 plus garments. Once the lockdown has been lifted the Opposite Party Officials started calling the Complainant stating that to renew the Garment service package claiming that the services for the previously subscribed package was over. By getting upset over the Opposite Party behaviour on 13.08.2020 Complainant sent a mail as per Ex.A-3 furnishing the details of the happenings and also requested not to trouble by frequently calling and harassing to renew the package when the previously subscribed package was not allowed to utilise properly by having a due of more than 400 garments to be serviced. The Opposite Party replied to the mail dated 13.08.2020, Ex.A-4 stating that the services opted by the Complainant for Rs.11,800/- contains only 400 garments out of which the Complainant utilised 396. Henceforth they cannot consider the commitment given by the employee via Whats app messages and treating it as a case of mis-communication by apologising about the same clearly denotes the deficiency of service and unfair trade practice on Opposite Party behalf. As per Ex.A-2 it is a clear proof that one of the Opposite Party employee with a contact number 8939809438 frequently contacted the Complainant to subscribe for the garment services for Rs.11,800/- for 1 year 700 garments package by providing the Opposite Party bank details.

After having received a sum of Rs.11,800/- for 700 garments a year and going against their commitment and claiming that the authorized limit was only for 400 garments, and moreover denying to accept whatsapp messages, when the dealing of laundary service and its payment was concluded through whats app messages, and even accordingly to the Opposite Party only 396 garments have been exhausted and refused  to perform laundry service for balance garments amounts to deficiency in service. Hence this commission is of the considered view that the Opposite Party had committed deficiency in service. Accordingly, point No.1 is answered.

Point No.2:-

As discussed and decided in point no.1 against the Opposite Party, the Opposite Party is liable to pay a sum of Rs.5000/-  towards deficiency in service and to pay a sum of Rs.3000/- towards cost. Accordingly Point No.2 is answered.

 

 

In the result the complaint is allowed in part. The Opposite Party is directed to pay a sum of Rs.5,000/- (Rupees Five Thousand Only) towards deficiency in service and to pay a sum of Rs.3,000/- (Rupees Three Thousand Only) towards cost of the Complaint, within 8 weeks from the date of receipt of this order, failing which the Complainant is entitled to recover the same along with interest @ 6% per annum from the date of this order to till the date of realisation.

In the result the complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 24^th of August 2022. 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

 

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	02.12.2019	Copy of receipt of the fund transfer to Opposite Party by the Complainant bearing Transaction ID 933621529906
Ex.A2	-	Copy of Whatsapp messages sent by the  Opposite Party’s employee through whatsapp number 8939809438.
Ex.A3	13.08.2020	Copy of Email sent by the complainant to the Opposite Party
Ex.A4	13.08.2020	Copy of Reply mail sent by the Opposite Party to the complainant
Ex.A5	31.08.2020	Copy of Legal notice sent by the complainant to the Opposite Party along with postal receipts and tracking report.

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT