MANJU AGGARWAL vs ALFA DRYCLEANERS

THESE are two appeals arising from the same order dated 11.8.1999 passed by the District Forum. This is a case of loss of black coat given by the appellant to respondent for dry cleaning. The appellant was vide impugned order compensated to the tune of Rs. 2,000/- towards cost of the coat and Rs. 500/- towards cost of litigation on account of deficiency in service on the part of the respondent. Feeling dissatisfied both the parties have preferred appeals, the appellant for enhancing the amount of compensation and respondent by setting aside the impugned order.

ADMITTEDLY 5 clothes were given for dry cleaning to the respondent. The plea raised by the respondent that the appellant did not come to collect the coat and when he himself went to her house in July, 1997 to inform about the clothes lying with the respondent, he came to know that the appellant has shifted his house. As a result, the clothes remained with the respondent from April, 1997 to November, 1997. First time he went to the respondent on 22.11.1999 to collect the cloth and the respondent asked for more charges for drying clearing the clothes again. At the outset the plea taken by the respondent is that on the back of the dry cleaning receipt, there is condition that if the customer does not collect the clothes within one month, the customer is liable to pay the expenses/charges for retention of the clothes and for re-dry cleaning also.

Admittedly the appellant went for collecting the clothes in November, 1997 and was handed over only four clothes out of five. The black coat was found to have been lost. According to the appellant, the actual cost of the black coat was Rs. 3,500/- (Rs. 2,000/- towards the cost of cloth and Rs. 1,500/- towards the cost of stitching. Since the appellant is an Advocate by profession and he remained without the said coat particularly in winter season and he had to suffer professionally as well as mentally. The object of the Consumer Protection Act, 1986 is to compensate the consumer on account of deficiency in service and for undergoing mental agony and harassment one suffered and not to be compensated towards loss he suffered professionally. If the consumer are compensated for loss of business then the provider of service would go bankrupt. We deem that District Forum has compensated the appellant reasonably. In view of the aforesaid discussion, both the appeals are dismissed as there is no merit. Appeal dismissed.