CHAWLA DRY CLEANERS vs DAVINDER SINGH JAMWAL

THE complainant hired the services of Chawla Dry Cleaners, Dyers and Darners for getting one woollen suit (navy blue) consisting of one coat and one pant, two coats and one sari, dry-cleaned. He entrusted these clothes for dry-cleaning on 11.3.1996 vide Bill No. 18419. THE complainant was required to collect the clothes on 14.3.1996. When he went to collect the clothes, the respondent expressed his inability to locate the suit and asked the complainant to come after three days. THE complainant made a number of visits and requested the opposite party to return his woollen suit which costed Rs. 3,000/ - for the cloth and Rs. 1,500/- spent on its stitching. Opposite party kept on making excuses which compelled in filing of the complaint.

ACCORDING to the decision of the District Forum, the cost of the suit which was mentioned at Rs. 3,000/-, which was not disputed by opposite party, was ordered to be paid to the complainant, besides Rs. 500/on account of harassment. Aggrieved against it, this appeal has been attempted by Chawla Dry Cleaners, We have gone through the facts of this case and there is no doubt that there has been grave deficiency of service on the part of the opposite party to have not delivered the above mentioned suit to the complainant in time. It was not delivered even during the winter months, when the complainant was compelled to buy a woollen sweater for a sum of Rs. 500/-. The complainant was also deprived of wearing the suit even on special occasions.

The complainant did not appear in person before the Commission on the dates fixed and opposite party brought the dry-cleaned suit in question alongwith him which he also earlier presented before the District Forum. The colour of the suit was navy blue and specifications of the suit have not been mentioned by the complainant in his complaint. So, he cannot deny that the suit belongs to him. He failed to appear before this Commission to try the suit.

THE conclusion is that the appeal partly succeeds. A sum of Rs. 500/- is imposed as penalty on opposite party-now appellant to be paid to the complainant for his deficient service and Rs. 200/- shall be payable to the complainant on account of harassment and mental agony and the suit brought by opposite party should be delivered to the complainant. With this modification, the appeal stands disposed of. Appeal partly allowed. ________________