INTIMATE DRYCLEANERS Vs. VINOD KUMAR ARYA

JUDGEMENT

(1.) The present appeal, filed by the appellant, under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as 'the Act'), is directed against order dated 1.1.1999, passed by District Forum (South), in Complaint Case No.3249/1997 entitled Shri Vinod Kumar Arya V/s. Intimate Drycleaners.

(2.) The facts, relevant for the disposal of the present appeal, lie in a narrow compass. The respondent, Shri Vinod Kumar Arya, had filed a complaint, before the District Forum, under Sec.12 of the Act, averring that the respondent, Shri Vinod Kumar Arya had given four saries and a gents coat to the appellant on 29.11.1997 for the purposes of dry cleaning and the appellant after receiving the above mentioned clothes had issued a receipt bearing No.1953. The respondent Shri Vinod Kumar Arya was required to pay Rs.200/- on account of dry cleaning charges of the above mentioned clothes. It was stated in the complaint filed by the respondent that when the respondent, Shri Vinod Kumar Arya, went to collect the clothes from the respondent on 11.12.1997, he found that all the four saries had been damaged and were in a torn condition. However, the gents coat, given for the purposes of dry cleaning, was in a good condition. It was stated that the appellant had retained those saries asking the respondent, Shri Vinod Kumar Arya to come on the next day. On 14.12.1997, the delivery of the saries in question was given to the respondent Shri Vinod Kumar Arya by the appellant. The grievance of the respondent, in the complaint, filed by him, before the District Forum, was that the four saries, given to the appellant for purposes of dry cleaning had been badly damaged and the appellant refused to replace the same or to pay any compensation for the damage caused to the saries which were stated to be almost new having been worn only once or twice. The respondent in the complaint, filed by him, before the District Forum, alleging deficiency in service on the part of the appellant, had claimed a compensation amounting to Rs.22,600/-.

(3.) The learned District Forum, vide impugned order, has partly allowed the complaint and has directed the appellant to pay to the respondent Shri Vinod Kumar Arya a sum of Rs.5,000/- as compensation together with interest @ 18% per annum.