BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 301/2010 Filed on 20.09.2010

Dated : 15.12.2010

Complainant:

P.B. Kocheppan, 52, Vrindavan Gardens, Pattom Village, Pattom, Thiruvananthapuram.

(By adv. Thomas K. Thomas)

Opposite party:

The Proprietor, M/s International Dry Cleaners & Art Dyers, Palayam, Vanchiyoor Village, Thiruvananthapuram.

This O.P having been heard on 03.12.2010, the Forum on 15.12.2010 delivered the following :

ORDER

SMT. S.K. SREELA, MEMBER

This complaint has been filed by a senior citizen aged 80 years and his grievance is as follows: Complainant had entrusted one of his costly pants for dry cleaning with the opposite party on 03.03.2010. When the complainant approached for collecting the pants, the opposite party did not return the same and asked him to come after 2 or 3 days. Complainant again visited the opposite party's firm several times. Even then the opposite party never returned the dry cleaned pants and made many lame excuses one after other. Hence this complaint.

Opposite party inspite of acceptance of notice from this Forum, never appeared before us nor filed version. Hence they remain exparte.

The issues that arise for consideration are:-

1. Whether there is deficiency in service on the part of the opposite party?

2. Whether the complainant is entitled for the reliefs claimed?

Points (i) & (ii):- This is a case wherein an age old person has been forced to approach the Forum for redressal of his grievance. As per Ext. P1 it is proved that the complainant has entrusted a pants to the opposite party for which Rs. 25/- has been charged. The complainant as PW1 has deposed that the pants has been purchased from Raymonds for Rs. 1,100/- and the bill has not been kept since he did not expect any litigation. As the opposite party has not filed any version and has not contested the matter or cross examine PW1, the affidavit and deposition of PW1 stands uncontroverted and unchallenged. Even though there is no bill for the pants, the complainant pleads that it costs Rs. 1,100/- and since the opposite party has not denied the same and since the deposition and pleadings of the complainant stand unshaken, we find no reason to disbelieve the complainant. Moreover the attitude of the opposite party in not appearing before the Forum even after accepting the notice is to be taken into account.

In the light of the above we find that the complainant has succeeded in establishing his complaint. The mental agony of such a senior citizen requires consideration. He is found entitled for refund of the cost of the pants Rs. 1,100/- and Rs. 500/- towards mental agony and Rs. 500/- towards compensation and costs.

In the result, complaint is allowed. Opposite party shall refund Rs. 1,100/- along with Rs. 1,000/- towards costs and compensation within one month from the date of receipt of the order failing which the entire amount shall carry interest at 9% from the date of order.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15^th day of December 2010.

S.K. SREELA : MEMBER

G. SIVAPRASAD : PRESIDENT

BEENAKUMARI. A : MEMBER

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C.C. No. 301/2010

APPENDIX

I COMPLAINANT'S WITNESS :

PW1 - P.B. Kochappan

II COMPLAINANT'S DOCUMENTS :

P1 - Original Bill No. 983 dated 03.03.2010

P2 - Copy of advocate notice dated 18.06.2010

P3 - Postal receipt dated 18.06.2010

P4 - Acknowledgement card

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT

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