Dry cleaner ‘burns’ wedding sherwani during ironing, consumer wins Rs 14,000 payout

The order noted that the complainant produced photographs of the damaged sherwani, showing the portion near the buttons that had been burnt by staff at the shop. These photographs supported the complainant’s case.

Sherwani worth Rs 12,000 damaged

The complainant was a regular customer of a dry cleaning shop run by Ashok Nirmalker. On September 8, 2019, he handed over four sets of wedding garments to the shop for dry cleaning and ironing. These included a groom’s wedding attire, a laacha, a ghagra, a coat-suit, and a sherwani.

While ironing the garments, the opposite party negligently burnt the upper portion of the sherwani – valued at approximately Rs 12,000 – above the second button, with a coal iron. According to the complainant, he repeatedly made oral requests to the shop to compensate him for the damage caused, but the latter kept avoiding the matter and ultimately refused to pay compensation.

On September 8, 2019, the complainant submitted a written complaint at the police station, but the police treated the matter as a non-cognisable offence and advised him to seek appropriate relief before a competent court.

No representative of the shop appeared before the commission despite being served with notice. Neither was any written statement, affidavit, or documentary evidence filed to rebut the complainant’s allegations. Consequently, the case proceeded ex parte (unilaterally) against the shop.

Photos confirmed damage: Forum

The commission noted that the complainant had consistently stated that he was a regular customer of the shop and had entrusted four wedding garments, including a sherwani, for dry cleaning and ironing. It found that the sherwani was burnt due to the staff’s negligence while ironing it with a coal iron.

The panel relied on the complainant’s documentary evidence, including the police complaint, photographs of the burnt sherwani, legal notice and the purchase bill. The photographs clearly showed the burnt portion above the buttons of the sherwani, confirming the complainant’s version.

In the absence of any challenge to the complaint by the shop’s representatives, the commission accepted the complainant’s evidence as reliable and held that the opposite party was guilty of deficiency in service and unfair trade practice. It awarded Rs 6,000 towards the garment’s value, Rs 3,000 as compensation, and Rs 5,000 as litigation costs.

Takeaway

This judgment reinforces that drycleaners and similar service providers are liable for negligent handling of customers‘ belongings. It also shows that documentary evidence, such as photographs, legal notices, and police complaints, can establish deficiency in service even when the service provider fails to contest the case, ensuring meaningful consumer protection.

Consumers facing similar grievances may contact the consumer helpline in their respective states (Chhattisgarh: 1800-233-3663) or dial the National Consumer Helpline at 1915 for assistance.