D C VERMA Vs. PRINCE DRY CLEANERS

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 23rd March, 2002 passed by District Forum-IV, Nand Nagari, Delhi in Complaint Case No.690 of 2000 - entitled D. C. Verma V/s. Prince Dry Cleaners.

(2.) The facts, relevant for the disposal of the present appeal, briefly stated, are that the appellant Shri D. C. Verma had filed a complaint under Sec.12 of the Act before the District Forum averring therein that he had given two coats for dry cleaning to the respondent M/s. Prince Dry Cleaners on 29th March, 2000. The date of the delivery of those coats, after dry cleaning, was given as 2nd April, 2000. It was stated in the complaint that when on 25th September, 2000 the appellant approached the respondent for the delivery of the coats in question, the appellant was informed by the respondent that due to fire in his shop on 13th September, 2000, the clothes got burnt and as such the respondent was not in a position to deliver the same to the appellant. it was stated that thereupon the appellant requested for payment of compensation as the loss was caused due to the negligence on the part of the respondent. It was stated that the respondent did not agree to pay any amount. When the request of the appellant for payment of compensation for the loss sustained by him was not acceded to by the respondent, the appellant filed a complaint claiming a sum of Rs.4,400/- towards the cost of those coats together with Rs.5,000/- as compensation for mental torture and another sum of Rs.1,000/- as cost of litigation.

(3.) The claim of the appellant in the District Forum was resisted by the respondent and in the reply/written version filed on behalf of the respondent it was stated that neither any cash memo had been filed by the appellant in support of the proof of the purchase of those two coats nor any proof regarding litigation expenses had been filed. It was stated that in the receipt issued by the respondent it was clearly mentioned that the respondent dry cleaner was not responsible for the loss or damage to the clothes after fifteen days of the date of delivery. It was stated that the appellant came to collect the clothes in question in September, 2000 i. e. after seven months. It was stated that the clothes in question were destroyed as a result of fire which took place in his shop on 13th September, 2000 as a result of short circuit. It was also stated that regarding the fire which took place in the shop, a report was lodged with the authorities of Police Station, Bhajan Pura, Delhi. It was stated by the respondent that the complaint, filed by the appellant, deserved to be rejected.