PUSHPA BURI vs CHAWLA DRY CLEANER

THE appellant gave one saree for dry cleaning to M/s Chawla Dry Cleaner, Sector 20C, Chandigarh on 6.12.1994. On account of alleged faulty dry-cleaning the colour of the saree changed/faded from maroon to majantish maroon and there were stretches on the saree. Shrimati Pushpa Buri made a complaint before the Consumer Disputes Redressal Forum, Union Territory, Chandigarh and it was dismissed on 4.10.1996 holding that the complainant failed to prove the allegations. Aggrieved against it the present appeal has been preferred.

THE brief facts of the case are that the saree was entrusted to the Dry-cleaner for drycleaning on 6.12.1994 and when it was collected by the appellant on 10.12.1994, it was noticed that there were green spots all over it alongwith many stretches. THE complainant brought the said defects to the notice of the respondent and it promised to rectify the said defects. When after 3-4 days the complainant again went to the respondent, the green spots were not visible on the saree but the green lines were visible and the colour of the saree had faded. THE complainant brought on record sufficient evidence including a corrected cash memo for establishing that price of saree was Rs.1150/-. In reply the respondent took up the stand that saree at the time of delivery was in good condition and there was no complaint of any defect in the saree. The Dry-cleaner also pointed out that the complaint was lodged on 13.3.95 along with bill of saree for Rs.1150/-. The bill showed the purchase of saree in question on 16.11.95 the date which was yet to come. The said date was got corrected at the time of filing rejoinder as 16.11.94 and it has not been rebutted by the respondent.

After looking into all the facts and circumstances of the case we are of the view that the appeal has considerable merit. At the time of arguments the saree in question was produced before us and it was noticed that its colour was faded and there were stretches on the saree. All this proved that there was deficiency on the part of the respondent-Dry-cleaner. Without the grievance and harassment the complainant would not have knocked at the door of the Forum especially when she is a working lady and does not have spare time. The conclusion is that the complainant is entitled to 75% of the price of saree which comes to Rs. 862.50. Besides this she is also entitled to Rs. 150/- on account of harassment. All this should be paid within two months failing which the appellant shall be entitled to interest @ 18% per annum from the date of this decision till realisation. The saree shall be returned to the Dry-cleaner through the District Forum after the aforesaid compensation is paid. Orders passed.