LAWS(NCD)-2004-10-108

RADHEY SHYAM Vs. SNOWHITE DRYCLEANERS

Decided On October 06, 2004
RADHEY SHYAM Appellant
V/S
SNOWHITE DRYCLEANERS Respondents

JUDGEMENT

(1.) The appellant gave five sarees to the respondent for dry cleaning. Four sarees were not dry cleaned to the satisfaction of the appellant while the fifth saree developed some defect during the process of dry cleaning. Four sarees were re-dry cleaned and returned to the appellant and only one saree which developed defect remained with the respondent for dry cleaning. This fact is borne out from the cash memo No.456 dated 21.6.2001 produced by the appellant.

(2.) Vide impugned order dated 2.7.2004 the District Forum compensated the appellant to the tune of Rs.4,000/- towards the cost of the said defective saree and Rs.2,000/- as compensation for mental agony and Rs.1,000/- towards cost of litigation.

(3.) The grievance of the appellant through this appeal is that the cost of the defective saree was Rs.20,000/- as it was a wedding saree and, therefore, the appellant has not been adequately compensated. There is no material on record to show as on what date the said saree was purchased and for what amount and how old that saree was. The District Forum on its own assessed the cost of the saree at the relevant time at Rs.4,000/-. This is such a discretion which should be rarely disturbed.