Jagjit Singh vs KNOCKOUT

THIS appeal is by the complainant Jagjit Singh claiming enhancement of compensation as awarded by the District Forum, Jalandhar vide order dated September 25, 1996. The District Forum gave directions to the opposite party M/s. Knockout, Tailors, & Drappers to pay a sum of Rs. 1,000/- to the complainant on account of deficiency in rendering service in the matter of stitching of one suit and three Pants. Since no appeal has been filed by the opposite party, it is not considered necessary to refer to the facts in detail. We have to accept the findings of deficiency in rendering service on the part of the opposite party. Even otherwise on going through the record of the District Forum, we find that no written statement was filed by the opposite party.

IN February 1995 one suit was given to the opposite party for stitching. The same was to be delivered back after stitching on February 11, 1995. IN the meantime on February 7,1995, three Pants more were delivered for stitching. The Pants stitched were stated to be defective to some extent. The complainant was asked to come on February 13, 1995 on which date the shop was closed. On the next day i.e. February 14, 1995 clothes were found stitched, however they were in bad shape. Some quarrel took place, however the complainant was asked to come on the following day. On that day Pant was amended, but not the coat. However, the delivery was taken as the clothes were required by the complainant for wearing on the occasion of his marriage fixed for February 19,1995. After serving notice on March 1,1995, the complaint was filed on June 19, 1995. As already stated, no written statement was filed by the opposite party inspite of service. On behalf of the complainant, affidavit of his attorney Sh. Sukhjit Chandi was filed alongwith the documents. The affidavit supported the allegations levelled in the complaint. The attorney of the complainant while arguing stated that the complainant was claiming compensation under different heads as under :

At the out-set it may be stated that the clothes after stitching were accepted and a sum of Rs. 1,000/- has been granted by the District Forum as compensation for bad snapping of the clothes, the complainant would not be entitled to the price of the cloth and stitching charges. Since deficiency has been found in the matter of stitching of the clothes and the complainant was harassed and he had to pay five visits to the shop of the opposite party, he has to be compensated on that account. The distance covered by the complainant for visiting the shop of the opposite party was about 55 kms. one way and the journey was performed by car. He has also to be compensated for harassment and mental agony. No fixed formula can be adopted in fixing compensation in such like matters and it would be desirable to fix reasonable compensation keeping in view the circumstances of the case. In addition to the sum of Rs. 1,000/- granted by the District Forum, we further direct the opposite party to pay a sum of Rs. 2,000/-, which would be just compensation. It is stated on behalf of the respondent that cheque for Rs. 1,000/- in the name of Jagjit Singh was deposited with the District Forum in October, 1996, but on behalf of the complainant it is stated that no notice was received. The cheque may be there, which cannot be now got encashed. Thus, therefore, now the respondent will pay the amount as ordered by the District Forum as well as by this Commission alongwith costs of litigation, which are assessed at Rs.500/-.

A cheque for Rs. 3,500/- has been delivered in the name of Sh. Sukhjit Singh Chandi, attorney of Sh. Jagjit Sigh (Cheque No. 448188 dated June 11, 1997 drawn on Punjab & Sind Bank, Model Town, Jalandhar), and this would settle the dispute. Copy of Power of Attorney has been seen, which is on the file of the District Forum in favour of the attorney. The appeal is disposed of as above. Appeal disposed of.