A C MODAGI Vs. CROSS WELL TAILOR

JUDGEMENT

(1.) THE question for determination in this revision petition is whether the hiring of services of a tailor to whom apiece of cloth is entrusted by a customer for stitching against charges can be said to be 'under a contract of personal service' under the Consumer Protection Act, 1986 (hereinafter referred to as the Act). Under the Act, a consumer can make a complaint to the appropriate forum under the Act if there is a deficiency in 'service ". However, the word 'service' as defined in Clause (o) of Section 2(1) of the Act makes a specific exclusion of 'rendering of any service free of charge or under a contract of personal service'.

(2.) THE facts leading to the present petition are that the revision petitioner, Shri Modagi had given a pant-piece to the respondent, who is tailor by profession, for stitching a pane, The respondent stitched the pant and delivered it to the petitioner after receiving Rs. 75.00as stitching charges. On wearing it, the petitioner found it to be tight fitting and shapeless. The petitioner complained to the respondent about the defects in the pant. The latter agreed to alter it. However, inspite of the altertations made by the respondent a couple of times, the petitioner found that the pant was not fit to be worn as it had not been properly stitched. The petitioner asked the respondent to pay him Rs. 295A as the price of the pant-piece plus Rs. 75.00, the stitching charges which the respondent had received. The respondent refused to pay. Thereupon the petitioner filed a complaint under the Act before the District Forum, Belgaum on the 2nd February, 1990 claiming Rs. 365.00 towards the price of the pant-piece and stitching charges plus Rs. 1,000.00 as compensation for mental agony as he had to visit the respondent a couple of times.

(3.) AFTER examining the evidence led by the petitioner, who was the claimant in the original case, the District Forum came to the conclusion that there was deficiency in service rendered by the present respondent and, therefore, the claimant was entitled to recover from the respondent Rs. 365.00 as the price of the cloth and stitching charges plus Rs. 200.00 as compensation for mental agony. It also awarded Rs. 100.00 as costs of the proceedings to the claimant. The respondent was further ordered to pay to the claimant interest at the rate of 12 per cent per annum on the sum of Rs. 565.00 from the date of the complaint till realisation.