DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

 

 BEFORE  TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law)                                  .…. PRESIDENT

                 THIRU. J.JAYASHANKAR, B.A, B.L.                                                                            ..… MEMBER-I

CC. No.132/2022

THIS MONDAY, THE 08th DAY OF AUGUST 2022

 

Mrs.R.Sumathi, w/o.T.S.Rajamohan,

No.30/67, IV Main Road,

Jawahar Nagar, Chennai -600 082.                                                  ……Complainant. 

                                                                              //Vs//

1.The Manager,

   Big Laundry, Chrysalis Home Needs Private Limited,

   Apex Plaza, 5th floor,

   Tirumurthy Nagar,

   Nungambakkam, Chennai -600 034.

 

2.The Collection Manager,

   Big Laundry,

   Chrysalis Homes Needs Private Limited,

   New No.1/56, Pudupakkam Village, 

   (behind Hanuman temple),

   vandalur-Kelambakkam Road,

   Kancheepuram District 603 103.                                            …..opposite parties. 

 

Counsel for the complainant                                                  :   M/s.Rajamohan, Advocate.

Counsel for the opposite parties                                           :   exparte 

                         

This complaint is coming before us on various dates and finally on 29.07.2022 in the presence of M/s.Rajamohan, Advocate  counsel for the complainant and the opposite parties were set exparte and upon perusing the documents and evidences produced by the complainant this Commission delivered the following: 

ORDER

PRONOUNCED BY TMT. Dr.S.M. LATHA MAHESWARI,   PRESIDENT.

 

This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act, 1986 alleging deficiency in service against the opposite parties in the loss of silk sarees along with a prayer to direct the opposite parties to pay the value of the two silk sarees totally Rs.28,084/- and to pay a sum of Rs.30,000/- towards compensation for mental agony and hardship to the complainant along with cost of the proceedings.

Summary of facts culminating into complaint:-

 

It was the case of the complainant that as per a scheme offered by the opposite parties the complainant was to pay a sum of Rs.2360/- for washing 25 clothes in one calendar month.  Accordingly on 17.04.2019 the complainant offered 8 clothes for washing and out of them 6 were pure silk sarees.  While accepting the clothes for washing the authorized person would check the clothes with regard to any damages or stains found in the clothes and when satisfied such clothes would be accepted for washing and if there is any damage or stain the same would be noticed.   The six silk sarees when accepted for washing were found to be free of any damage or stain and no remark was made as the sarees were found to be without any damages or stain.  After the sarees were washed the opposite parties delivered the same on 22.04.2019 and while using the same in the first week of May 2019 the complainant found heavy stains over two sarees of green colour and multiple colours in the bottom border.  Those two sarees were pure silk sarees purchased for a total sum of Rs.28,084/-.  Immediately the complainant contacted the opposite party’s staff and they admitted their mistake and offered to pay a sum of Rs.3,000/- together for both sarees.  Thus after sending a legal notice the present complaint was filed by the complainant for the relief to pay the value of the two silk sarees totalling Rs.28,084/- and to pay a sum of Rs.30,000/- towards compensation for mental agony and hardship caused to the complainant along with cost of the proceedings.

On the side of the complainant proof affidavit was filed and documents were marked as Ex.A1 to A6. The case against the 1st opposite party was not pressed by the complainant and the 2nd opposite party inspite of sufficient notice remained absent and was set exparte on 03.02.2020 for non appearance and for not filing written version.

Point for consideration:-

Whether the complainant has successfully proved the alleged deficiency in service committed by the 2nd opposite party and if so to what relief the complainant is entitled?

Points

On the side of the complainant the following documents were filed in support of his allegations;

a) The price tag along with bills for two sarees were marked as Ex.A1 & Ex.A2;

b) The bills issued by the opposite party for washing the cloths dated 17.04.2019 was marked as Ex.A3;

c) Legal notice issued by the complainant dated 20.05.2019 was marked as Exa4;

d) Photographs of damaged sarees were marked as Ex.A5;

e) The reply notice sent by the opposite party dated 18.07.2019 was marked as ExA6;

The learned counsel appearing for the complainant alleged that the opposite party’s services were utilized by the complainant for consideration and a sum of Rs. 2360/- for washing 25 clothes in one calendar month was paid by the complainant under a scheme.  The complainant offered 8 clothes out of which 6 were pure silk sarees.  It is further argued by him that if there is any defect at the time of offering the clothes for washing, the opposite party would mark them and decide whether the said clothes could be accepted for washing or not.  The 8 clothes offered for washing on 17.04.2019 was without any stain or damage. However, when the same was delivered back to the complainant on 22.04.2019 and when it was used in the first week of May 2019 it was found that the two silk sarees of the value of Rs.28084/- were found with stains in the bottom border. The silk sarees are spoiled due to the negligent act of the opposite party and hence the counsel for the complainant prays for the complaint to be allowed.

We heard the oral arguments and perused the written arguments filed by the complainant and also the evidences produced by him in support of complaint allegations.  It is seen that as per Ex.A1 and A2 the silk sarees were purchased for a total value of Rs.28084/-.  It is the case of the complainant that though the complainant offered 8 cloths out of which 6 were pure silk sarees and the same when delivered it was found that two silk sarees of the value of Rs.28084/- were found with stains in the bottom border. Thus it is proved that the silk sarees got spoiled due to the negligent act of the opposite party.  To rebut the same the opposite party did not appear before this Commission to dispute the complaint allegation that the damaged sarees were different from one given for washing with them though they had taken it as a defence in the reply notice issued to the complainant.  Thus this Commission is of the view that, if both the sarees were not spoiled by the opposite party there arises no necessity for the complainant to approach this Commission with a complaint.  Further the aspect of washing and delivering of the silk sarees was accepted by the opposite parties in the reply notice. Hence this Commission has to hold that the complaint allegations that the two silk sarees got spoiled during the washing process made by the opposite party.  Thus we hold that the complainant has successfully proved that the opposite parties had committed deficiency in service. 

With regard to the reliefs to be granted it is seen that the complainant had asked for the entire price of the two sarees at Rs.28084/- along with compensation of Rs.30,000/-. In the facts and circumstances we order the 2nd opposite party to pay the cost of the two sarees to the complainant along with a compensation of Rs.5,000/- which we consider to be the proper relief to be granted to the complainant.  Further we order cost of Rs.3,000/- to the complainant for litigation expenses.

In the result, the complaint is partly allowed directing the 2nd opposite Party 

a)to pay a sum of Rs.28084/- (Rupees twenty eight thousand eighty four only) to the complainant; 

b) to pay a sum of Rs.5,000/- (Rupees five thousand only) towards compensation for mental agony caused to the complainant;

c) to pay a sum of Rs.3000/- (Rupees three thousand only) towards litigation expenses to the complainant; 

d) Amount in clause (a) to be paid within four weeks failing which 9% interest will be levied on the same amount from 07.04.2019 to till realization.

  Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 08th day of August 2022

   Sd/-                                                                                                                    Sd/-

MEMBER-I                                                                                                     PRESIDENT

 

List of document filed by the complainant:-

 

Ex.A1 13.08.2018 Silk saree purchase price tag and bill. Xerox

Ex.A2 .............. Silk saree purchase price tag. Xerox

Ex.A3 17.04.2019 Bill for washing issued by the opposite parties. Xerox

Ex.A4 20.05.2019 Complainant’s legal notice with proof of service. Xerox

Ex.A5 ................ Photographs of damaged sarees. Xerox

Ex.A6 18.07.2019 Reply noitce issued by the opposite party. Xerox

 

List of document filed by the opposite parties:-

 

 

 

Nil

 

 

     Sd/-                                                                                                                 Sd/-

MEMBER-I                                                                                                     PRESIDENT