The District Consumer Disputes Redressal Commission, Raipur, comprising President Dakeshwar Prasad Sharma and Members Nirupama Pradhan and Anil Kumar Agnihotri, held the dry-cleaning service provider liable for deficiency in service and unfair trade practice for negligently damaging the complainant's sherwani during ironing.

The Commission observed that a service provider entrusted with customers' garments has a duty to exercise due care and that failure to do so, resulting in damage to the customer's property without compensation, amounts to deficiency in service under the Consumer Protection Act.

Facts:

The complainant, Dageshwar Yadav was a regular customer of the opposite party, Ashok Nirmalkar, who operated a dry-cleaning and ironing shop. On 8 September 2019, the complainant entrusted four sets of wedding garments, including a sherwani, suit, lehenga and other ceremonial clothes, to the opposite party for dry-cleaning and ironing.

During the ironing process, the opposite party allegedly burnt the complainant's sherwani near the button area due to negligent handling with a hot iron. The complainant asserted that the sherwani was worth ₹12,000 and had been rendered unusable. Despite repeated requests, the opposite party allegedly refused to compensate for the damage.

Consequently, the complainant lodged a written complaint with the local police, who registered the information under Section 155 of the Code of Criminal Procedure and advised him to seek appropriate legal remedies before the competent forum.

Thereafter, the complainant filed a consumer complaint alleging deficiency in service and unfair trade practice, and sought ₹12,000 towards the value of the damaged sherwani, ₹5,000 as compensation for physical, mental and financial suffering, along with litigation costs and other appropriate reliefs.

Although notice was duly served, the opposite party failed to appear or file any written statement, and the proceedings continued ex parte.

Observation and decision:

The Commission held that the complainant had successfully proved that the opposite party negligently damaged his sherwani while providing dry-cleaning and ironing services.

The Commission observed that the complainant had successfully established, through unrebutted documentary evidence, that the opposite party negligently damaged the sherwani while providing dry-cleaning and ironing services. Since the opposite party neither appeared nor rebutted the evidence, the Commission held that the conduct amounted to deficiency in service and unfair trade practice.

However, the Commission found that the complainant failed to satisfactorily establish that the sherwani was worth ₹12,000. Since the purchase bill did not convincingly prove its value, the Commission assessed the loss at ₹6,000.

Accordingly, the Commission partly allowed the complaint and directed the opposite party to pay ₹6,000 towards the value of the damaged sherwani with 6% annual interest from the date of filing of the complaint, ₹3,000 as compensation for physical, financial and mental hardship, and ₹5,000 towards litigation costs, payable within 45 days.

Case Title: Dageshwar Yadav Vs. Ashok Nirmalker

Case No.: CC/2019/514

Advocate for the Complainant: Pradeep Sharma

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