RAJESH SHRIWASTAVA vs TIPTOP DRY CLEANERS And ART DYRES

THIS appeal has arisen from order dated 22.8.1996 passed by District Consumer Disputes Redressal Forum (For short District Forum), Rewa in Complaint Case No. 130/1996. District Forum, in their order allowed the complaint and directed the opposite party to pay Rs. 100/- compensation and Rs. 50/- proceeding cost to the complainant. Complainant was also asked to take the custody of the coat and pay Rs. 100/- to opposite party as dry cleaning charges. Aggrieved by the order the appellant has filed this appeal.

THE facts of the case in short are that appellant gave four coats for dry cleaning in the shop of respondent. Three coats were open collor and one was a cream closed collor coat. When the appellant went on due date to collect the coats he found that three open collar coats had been dry- cleaned properly, but the cream closed collor coat had lot of stains, which had not been cleaned properly. He took the three properly cleaned coats and asked the opposite party to clean it again and that he would collect it on 30.3.1996. Upto this point there is no dispute in the version of the story, as told by both parties. Appellant alleged in his complaint before District Forum that the coat was not cleaned and he could not get it, while the opposite party denied the allegation and stated that appellant did not come on 30.3.1996 or any other time to collect the coat. Appellant/complainant in the District Forum, prayed that he be compensated for deficiency in service by opposite party which resulted in spoiling the coat and consequently suit as a whole. District Forum after hearing the parties held that there was deficiency on the part of opposite party but as the coat had been dry cleaned, they passed the impugned order as described in para 1. We heard both the parties. Counsel for the appellant argued that opposite party dyed the cream coloured into yellow coat as they would not remove the stains and thus, they have spoiled the suit as a whole as it cannot be used as a suit. Appellant had stated in appeal memo that he presented the pant of the suit in District Forum on 21.8.1996 to show how the coat and pant of suit have different colours now. Counsel for opposite party argued before us that there is no proof that the pant alleged to have been produced in District Forum was a part of the suit. Although the documents presented in the District Forum on 21.8.1996 do not show that pant was presented. The Counsel for opposite party admitted, by implication, that pant produced could not be proved to be a part of the suit.

Having heard both the parties and having perused the record, we are of the opinion that District Forum having held the opposite party guilty of deficiency in service did not compensate the appellant / complainant adequately. Appellant in his complaint has not only mentioned that he bought a suit length for Rs. 1,800/- but actually attached copy of cash memo. A person of middle class, buys and gets a suit stitched only occasionally and if it is spoiled because of the change of colour of coat, then the two cannot be used as a suit. This is a common knowledge. Also if the circumstances mentioned by appellant were not correct, he would not have gone normally to the extent of filing a complaint in District Forum. We therefore see no reason to doubt the version of the complainant that his suit has been spoiled because of change of colour, even if the coat had been cleaned. We see no merit in the plea of respondent that appellant has failed to prove the spoiling of suit.

WE shall now consider the quantum of compensation. Appellant has averred that he bought a suit length for Rs. 1,800/- and spent Rs. 1,000/- on stitching. He has therefore prayed for award of Rs. 4,992/- including cost of cloth, stitching and Rs. 2,000/- compensation for mental agony and a small sum by way of miscellaneous charges. WE do not think appellant can get the above sum, because of is mistake in giving only the coat for dry cleaning. Normal method is to get the suit dry cleaned as one unit and not the two separately. WE therefore feel that Rs. 800/- as compensation would meet the ends of justice as both pant and suit can be worn separately now. As far as payment of Rs. 100/- ordered by District Forum from appellant to respondent the order stands as it is. In the context of discussion in the foregoing paragraphs, the appeal succeeds partially and order dated 22.8.1996 of District Forum, Rewa will be modified as under: "Opposite party shall pay Rs. 800/- as compensation to complainant/appellant. Complainant/appellant shall pay Rs. 100/- to opposite party as dry cleaning charges and take the coat back. Above payments should be done within a month of receipt of this order. No order as to costs of this appeal."

Appeal allowed.