PROP. M/S. SUPER DRY CLEANERS vs KAPIL DEV BHAKHRI

THIS is an appeal against the order of the District Forum, Ambala directing the payment of Rs. 1,500/- to the respondent as the value of the coat and compensation against the appellant drycleaners.

THE respondent Shri Kapil Dev, Joint Registrar, Cooperative Societies, Punjab had preferred the complainant alleging that on the 17th of April, 1991 he had entrusted two coats of woollen cloth to the appellant concern for dry-cleaning against the receipt of even date. On the 20th of April, 1991 the complainant respondent visited the premises of the appellant to collect his coats, but he was put off on the ground that these were not yet ready. Again on the 1st of May, 1991 the complainant went to the appellants and was unpleasantly surprised to find that one of the coats had been badly damaged as the same was found partly burnt. He refused to take delivery and instead demanded either the replacement of the coat or in the alternative its price. Though the appellants had first agreed to pay the price, yet despite repeated visits, thereafter they failed to do so. A legal notice was also sent to the respondent, but to no effect. THE complainant sought the relief of Rs. 2,000/- as the value of the coat with interest and also Rs. 1,000/- as compensation. Despite the issue of notice and service on the appellant no one cared to come present before the District Forum who consequently proceeded exparte against the appellants. In support of the case the complainant himself himself stopped into the witness box as P.W. 1 and was corroborated by P.W. 2 Shri Jagdish Saini apart from the unchallenged documents placed on the record. The District Forum accepting the unrebutted testimony on behalf of the complainant, reduced the claim value of the coat to Rs. 1,000/- and awarded Rs. 500/- as compensation for the harassment and wastage of time.

Mr. Mool Chand, the authorised representative of the appellant who appeared in support of the appeal being a lay-man was somewhat off the mark in his submissions. At the appellate stage he brought the damaged coat for contending that the extent thereof was not very extensive. Further he sought to rely on certain documents which he wished to place on record at the appellate stage.

IT is somewhat plain that the appellant has not been able to lay any serious challenge to the order under appeal. On their own showing the coat was indeed damaged in the process of dry-cleaning and is of little use as wearing appeal for a man of the respondent''s status. Further the appellants have only themselves to blame for not contesting the case before the District Forum despite service. Mr. Mool Chand had to concede that this was a mistake on their part. The same cannot possibly be now corrected by allowing some extraneous evidence or documents on which the appellants had sought to rely upon now. The District Forum was rightly and perfectly entitled to accept the unchallenged and unrebutted evidence of a consumer of the respondent''s status. As regards the relief granted, the District Forum itself reduced the value of the coat from the claimed amount of Rs. 1,450/- to Rs. 1,000/- only. Equally the quantum of compensation granted does not in our view merit any interference.

FOR the aforesaid reasons, we are unable to find any merit in the present appeal which is hereby dismissed.'' The appellants shall comply with the order of the District FORum (if not already so done) within 15 days from today, failing which compliance would be enforced under Section 27 of the Act, as recorded already by the District FORum. Appeal dismissed.