Ernakulam District Commission Holds Dry Cleaners Liable For Damaging Churidars
The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held that without opposing evidence from the other party, the claims are unchallenged and in favour of the complainant. Brief Facts of the Case The complainant had entrusted two new churidars to the dry cleaners for cleaning. The churidars, purchased for Rs. 16,360,...
The Ernakulam District Commission, presided by Shri. D.B. Binu, Shri. V. Ramachandran and Smt. Sreevidhia T.N., held that without opposing evidence from the other party, the claims are unchallenged and in favour of the complainant.
Brief Facts of the Case
The complainant had entrusted two new churidars to the dry cleaners for cleaning. The churidars, purchased for Rs. 16,360, were damaged after cleaning due to the dry cleaners' negligence. The issue was reported to the collection center, and an officer promised to address it. Despite further follow-ups, the complainant received no resolution. Consequently, the complainant filed a complaint before the District Commission, citing deficiency in service and unfair trade practices on part of the dry cleaners.
Contentions of the opposite party
The opposite party was set ex parte due to non-filing of the written version during the statutory period.
Observations by the District Commission
The District Commission observed that the complainant submitted evidence proving they purchased churidar materials for Rs. 16,360 and paid Rs. 743 for dry cleaning. They also spent Rs. 1,940 for stitching. After the first use, the churidars were entrusted to the dry cleaners, but negligent dry cleaning made them defective, as shown in photos. The dry cleaners did not appear before the Commission or file a response despite receiving notice. Without opposing evidence, the complainant's claims were deemed unchallenged. The Commission found the dry cleaners negligent and liable for deficiency in service. The Commission directed the dry cleaners to pay Rs. 18,300 for the churidars, Rs. 5,000 as compensation and Rs. 4,000 as litigation costs.
Case Title: Eapen John Vs. M/s. Jose Brothers Dry Cleaners
Case Number: C.C. No. 803/2023