MODERN DRY CLEANERS Vs. A KANNIAPPAN

JUDGEMENT

(1.) - These are two appeals directed against the same order. One appeal is filed by the complainant and the other by the Opposite Party. Since both the appeals are connected, they were heard together and a common order is passed.

(2.) The case of the complainant, is as follows : On 10.7.93 the Complainant went to the shop of the Opposite Party accompanied by his wife and entrusted two silk sarees to him for dry cleaning. The Opposite Party before accepting the said sarees checked them thoroughly to make sure that there were no defects and accepted to dry clean the said two sarees, since they were found to be in good condition. He issued a bill for Rs. 50/-. Two days after the due date the complainant got back his two sarees on payment of Rs. 50/-. When he reached home his wife checked the sarees and found to her dismay a number of holes in the sarees, which have been caused due to the mishandling by the Opposite Party while cleaning the sarees. the Complainant contacted the Opposite Party and showed him the holes. The Opposite Party contended that the holes existed even when the sarees were entrusted to him. The Complainant sustained loss due to the negligence of the Opposite Party and the sarees worth Rs. 4,000/- had been rendered useless. He suffered mental agony.

(3.) On the basis of the above allegations, he prayed the District Forum to order replacement of the damaged sarees and to pay 3,000/- as compensation.