SUPER DRY CLEANERS Vs. KAPIL DEV BHAKHRI

JUDGEMENT

(1.) This is an appeal against the order of the District Forum, Ambala directing the payment of Rs.1,500/- to the respondent as the value of the coat and compensation against the appellant drycleaners.

(2.) The respondent Shri Kapil Dev, Joint Registrar, Cooperative Societies, Punjab had preferred the complainant alleging that on the 17th of April, 1991 he had entrusted two coats of woollen cloth to the appellant concern for dry-cleaning against the receipt of even date. On the 20th of April, 1991 the complainant respondent visited the premises of the appellant to collect his coats, but he was put off on the ground that these were not yet ready. Again on the 1st of May, 1991 the complainant went to the appellants and was unpleasantly surprised to find that one of the coats had been badly damaged as the same was found partly burnt. He refused to take delivery and instead demanded either the replacement of the coat or in the alternative its price. Though the appellants had first agreed to pay the price, yet despite repeated visits, thereafter they failed to do so. A legal notice was also sent to the respondent, but to no effect. The complainant sought the relief of Rs.2,000/- as the value of the coat with interest and also Rs.1,000/- as compensation.

(3.) Despite the issue of notice and service on the appellant no one cared to come present before the District Forum who consequently proceeded exparte against the appellants. In support of the case the complainant himself himself stopped into the witness box as P. W.1 and was corroborated by P. W.2 Shri Jagdish Saini apart from the unchallenged documents placed on the record. The District Forum accepting the unrebutted testimony on behalf of the complainant, reduced the claim value of the coat to Rs.1,000/- and awarded Rs.500/- as compensation for the harassment and wastage of time.