Novex Private Limited vs Kamal Manchanda

ON account of having damaged five curtains consisting of 15 panels given for dry -cleaning to the appellant, the appellant has been vide order dated 1.10.2003 passed by the District Forum directed to pay Rs. 10,800 with interest @ 12% and Rs. 1,000 as cost of litigation. Instead of replacing or repairing the curtains.

FEELING aggrieved by this order the appellant has directed this appeal. Primary facts are not in dispute; the curtains were five years old and the appellant had charged Rs. 1,080 for dry -cleaning. When respondent went to take the delivery of the curtains, she noticed that the curtains were damp and full of stains. On second visit, they were found to be chemically treated and brushed because of which weaving threads had come out. On third visit, curtains were found to be starched to settle down the raised threads. In this process, curtains shrank 14" and one curtain of two panels got totally torn and worn.

IN order to settle the dispute, the appellant offered Rs. 3,000 as compensation besides refund of the amount charged for dry cleaning. However, the respondent did not accept this offer and rather approached the District Forum and obtained the impugned order.

THE perusal of the order of the District Forum shows that the amount of compensation has been assessed as per Clause 7 of the terms and conditions of booking receipt providing that in case of damage Company has the option of either replacing or repairing the garment and the companys liability cannot go beyond 10 times the amount charged for dry -cleaning. Admittedly the curtains were five years old and were purchased @ Rs. 300 per metre. More than three years have passed and the curtains are still with the respondent. The appellant has though contested the claim of the respondent as to the shrinking of the curtains by 14" and one curtain of two panels having got totally torn yet the damage to the curtains is not a serious dispute. According to the appellant only two panels were damaged out of 15 panels and, therefore, the damage assessed by the District Forum on the criteria of 10 times amount charged for dry -cleaning of all curtains is erroneous, as this damage could have been assessed only in respect of two panels.

IN the totality of facts and circumstances of the case coupled with the fact that the curtains are with the respondent, we deem that compensation of 8,000 in all would meet the ends of justice as the curtains had already been used for five long years and there is also serious dispute as to how many panels were damaged. The aforesaid amount shall be paid within 15 days of this order.

APPEAL is disposed of in above terms. Bank Guarantee/FDR if any, furnished by the appellant be returned forthwith. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room. Appeal disposed of. -