Kerala

Thiruvananthapuram

CC/14/202

Nirmal .P.G - Complainant(s)

Versus

James M Paul - Opp.Party(s)

19 Jan 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACADU, THIRUVANANTHAPURAM

PRESENT

                                SRI.P.V.JAYARAJAN        : PRESIDENT

SMT.PREETHA.G.NAIR   : MEMBER

                               SRI.VIJU.V.R.                 : MEMBER

CC.NO.135/2015

ORDER DATED : 20.01.2022

 

COMPLAINANT

          Beena Gopinath,

          “Chellam”, Burma Road,

          Kumarapuram, Medical College.P.O

          Thiruvananthapuram – 695011

                (By Adv.R.Ranjit)

                                                                            VS

OPPOSITE PARTY

          M/s.Krishna & Krishna,

          Atlantic Dry Cleaning and Power Laundry Service,

          Rep.by its Proprietrees,

          Akkulam Road, Prasanth Nagar,

          Medical College.P.O

          Thiruvananthapuram – 695011

          (By Adv.Arun.S.R)

ORDER

SMT.PREETHA.G.NAIR  :MEMBER

           The complainant had entrusted some sarres, including a silk saree worth Rs.2500/- with the opposite party during the first week of June, 2014 for dry cleaning. The opposite party had stated that they have good experience in the dry cleaning field and their services were at par with the best in this field. They assured that they will promptly deliver the sarees on the due date itself. When the complainant contacted the opposite party’s shop to take delivery of the sarees after the due date of delivery, it was informed by the opposite party that the same was not ready for delivery. Believing these words, the complainant contacted the opposite party to take delivery after some days. But surprisingly they did not deliver the same as promised. Much later, during the second week of August, the sarees were delivered by the opposite party. When the complainant inspected the dry cleaned sarees, she was shocked and upset to find that one of her most prized silk sarees was damaged extensively in the middle part and the saree was in an unusable condition. The complainant tried several times to return the saree to the opposite party, it was found that the shop was either closed or with no one responsible in charge of the shop. Later on, it was found that the opposite party had shifted their shop at Ulloor Junction to another place. The complainant tried to locate the shop of the opposite party but could not locate it. She finally could locate the present place only by 04.12.2014. The opposite party was convinced about their fault and agreed to darn and rewash the damaged silk saree free of cost. They took the saree for darning and rewashing. They promised that this will be done free of cost as the damage was caused solely due to their fault and the bill also does not reflect the same. The silk saree was damaged soley due to the negligence and deficiency of service of the opposite party and so the opposite party is morally and legally bound to repair the damage at their own expense. Demanding the complainant to pay for the repair is a clear case of unfair trade practice. Hence the complaint.

          2.       Opposite party filed version.  Thereafter complainant filed chief affidavit and documents. But the complainant was not present for cross examination and the documents not marked. Several chances given to complainant for adducing the evidence. But the complainant miserably failed to prove her case.

               In the result, complaint is dismissed. No order as to costs.

       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 20^th day of January 2022.

                                                                                                                                                                        Sd/-

P.V.JAYARAJAN   : PRESIDENT

                                                                                                                                                                        Sd/-

PREETHA.G.NAIR   : MEMBER

                                                                                                                                                                                         Sd/-

VIJU.V.R: MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

Be/

 

 

 

 

 

 

 

 

 

 

DISTRICT CONSUMER

DISPUTES REDRESSAL

COMMISSION, VAZHUTHACADU,

THIRUVANANTHAPURAM

 

CC.NO.135/2015

ORDER DATED : 20.01.2022