DASHMESH DRY CLEANERS AND DYERS vs GEETHANJALI NAIR

THE present appeal has been instituted by M/s. Dashmesh Dry Cleaners, aggrieved against the order of District Forum-II directing them to pay to Mrs. Geethanjali Nair a sum of Rs. 1,000/- towards the costs of the damage to Saree and Rs. 500/- for harassment and costs of the case.

STATED briefly the facts are : Mrs. Geethanjali Nair entrusted a Silk Saree to the appellant for drycleaning on 3.7.1998 and it was to be delivered on 7.7.1998. However, it got badly damaged during the process of drycleaning as some colour had also spread and it got perforations at places which were carefully darned by the opposite party now appellant. She also alleged in the complaint that she had to visit the premises of the drycleaner 11 times in order to get Saree restored to the usable condition but she was not at all satisfied with the performance of the appellant to improve defects occurred during the drycleaning.

A perusal of the facts of the case brings to our knowledge that the Saree was purchased for Rs. 1,200/- in 1996 as stated by the complainant''s husband before the District Forum, though no Cash Memo has been attached. Consequently 2/3rd of the price paid by the respondent for a 3 years old Saree would be sufficient compensation towards the costs of the same. However, the sum of Rs. 500/- awarded by the District Forum for harassment and costs does not call for any interference as she had to repeatedly go to the drycleaner''s premises to get defects of the Saree removed-yet of no avail, which must have actually subjected her to a lot of harassment.

THE appeal is disposed of by ordering the appellant to pay Rs. 800/- as compensation for the Saree alongwith Rs. 500/- as cost of the case and harassment which shall be payable within one month from the date of the order failing which appellant shall be liable to pay interest @ 12% on the said amount from the date of institution of the complaint till realisation. Appeal disposed of.