RAJIV GUPTA Vs. TILAK DRY CLEANERS

JUDGEMENT

(1.) Sri Rajiv Gupta, complainant-appellant in person has been heard. He has argued the matter with ability.

(2.) The order dated 15.5.1999 passed by District Forum-II, Bareilly in Complaint Case No.354/1998 whereby his complaint has been dismissed against M/s. Tilak Dry Cleaners. The complainant alleged that he had delivered a Banarasi Sari for dry-cleaning the cost of which Sari was Rs.3,000/-. Receipt No.4225 dated 5.3.1998 was issued to the complainant. Delivery was taken. It was found by him after looking to the Sari at his house that it has been damaged in the sense that discolouration had taken place inasmuch as some other marks of colour were imprinted on the Sari. He, therefore, claimed Rs.2,000/- as compensation, Rs.1,100/- as cost apart from the price of Sari.

(3.) The matter was contested by the dry-cleaners who alleged that the Sari was delivered on 15.3.1998 in absolute original condition after taking Rs.25/- from the complainant as its dry-cleaning cost and on the carbon copy of the original receipt issued an endorsement was made by the complainant that the Sari was in perfect condition. It was further pleaded that there were some other reason for instituting the complaint inasmuch as there will be no other proof available with the dry-cleaners as the best evidence being the admission of the person concerned was already available to disprove the complainant's version.