Community › Forums › Legal Advice India › Parents getting harassed by dry cleaners
- This topic has 11 replies, 7 voices, and was last updated 1 year, 5 months ago by
User_880cfc37.
-
AuthorPosts
-
-
BBrightsangita8081
PARTICIPANT
January 18, 2025 at 6:29 amI’m here to know your legal opinion on this situation, I’ll talk on a call with the helpline guy today and will tell all the violations his company is doing, if he agrees and pays fair compensation then this will be over (which he is very reluctant for) but if not, then is my case strong? Should I take it to consumer court ? Also, after I’ve submitted my complaint online then how will this all proceed? will everything be online or I’ll have to go offline? I don’t want to waste any more money of this on the top of damage that has been done.**TLDR-** 1) Parents gave curtains for dry cleaning just before Diwali, 2024.
2) Curtains rendered useless by shopkeeper, wasn’t accepting his mistake.(there’s much to this, major reason why I say harassment)
3) Parents contacted franchise helpline for resolution.
4) Over 10 days, no response. They said they’d call back everytime but my parents always had to call to get a response/status on the situation.
5) Today guy from helpline just said that all they can do is give βΉ1,500 but the cost of 2 pairs of curtains is ~βΉ18,000. His reasoning? Points out a condition in at the back of the bill which basically says that “doesn’t matter the damage, all they can do is pay βΉ1,500 max” (according to him). According to me this is bat crap. I’ve tell you why.
6) After intervening in the situation (after my mother’s collapse) I’ve come to the conclusion that these guys deliberately dragged and tactically tired my parents into low compensation of damaged.
**THE STORY**
Now, all the while I didn’t intervene in any of this, but on **12th Jan, 2025** my mother collapsed in bathroom and my father told me to handle this as this was stressing them out. I looked into this and these guys are absolute scum bags. Keep in mind I’m no lawyer and am here for advice. Tomorrow I’ll be on call with the helpline guy and I’ll keep a few points (which I’ve mentioned at last) if he refuses to pay the fair compensation then I’ll submit a report in Consumer Court.
Parents gave the curtains to a curtains for dry cleaning just before Diwali and expected them on a delivery date. Once they were delivered first they were missing and after 45 min. of back and fourth they realised the curtains were back at the shop and brought them. Then we realised that the 4 curtains (1 pair big, 1 pair small) were shrunk so we complained.
Here starts the real drama. An elderly man comes to our house for checking, he’s the owner of the shop. His excuse is that the curtains were old (bought 4-5 years ago) that’s why they shrunk and it’s not their mistake at all. We explain to him that they go for dry cleaning every year (on another store, we tried this for the first time) and they come back just fine and if such was the case then he should’ve warned/informed about this before hand or handled curtains accordingly, he argues that it’s not their responsibility, their job is just to take the clothes and put it in the machine. Now, out of NOWHERE this guy **OPENS HIS SHIRT,** standing naked (top half) and starts explaining some bullshit about how his old shirt shows the same effect after washing. He’s comparing DRY CLEANING of a curtain to his shirt. While he was doing this naked dance me and my mom were the only one over there. Guy has no shame, nothing. Somehow I was able to talk him into fixing it, anyhow. out of the 2 pairs, he takes one pair. This is not far after Diwali. This whole conversation took around 50 min. and he doesn’t listen to reason. He said he’s doing it not because it’s his mistake but because he’s sympathetic.
Fast forward 2 months, **10th Jan, 2025**. This guy has only made excuses so far- sometimes he’s busy with this sometimes some staff’s marriage is going on blah blah blah. Now my parents after new year decided to go the shop and collect the curtains. They go and he offers juice, does small talk and all. Surprise! the curtains weren’t fixed. Turns out they just can’t be fixed anymore. My parents are arguing for a long **1 hour** in their store to no avail. This was **no civil discussion,** **it got loud** and these guys are just not accepting their mistake. The old tramp, **once again** opens his shirt and starts explaining. They’re refusing to do anything about it. **These curtains were expensive and had come after some decent time of saving money**. My mom comes home cries about it and is worried. That guy was reluctant to give the franchise helpline number too. We call the helpline the same day.
Now, this is where systemic corporate harassment gets started. These guys from helpline tell my parents that they’ll solve it very soon and promise to call back. My parents just never get call back even after day passes from their given deadline, **EVERY SINGLE TIME.** My parents call first and every single time they say the same thing or make excuses. All this while they’ve this excuse that the curtains were old that’s where the problem is. IF THEY DIDN’T KNOW HOW TO HANDLE THEN WHY THEY TOOK IT??? Even on the phones my parents have to argue with this man who keeps promising but does not deliver, he also doesn’t accept their mistake.
Now as of today, yesterday this guy gave us offer of βΉ1,500 ON WHAT BASIS? **COMPANY POLICY** (written on back of our bill, see attachment)**.** All this time the solution was written on back of our bill, and for 10 days regular this guy kept dragging, seriously? Now after listening to all this and talking to the guy once on the phone I’ve realised that all this was just to **tire my parents out** (repeated fights and argue ments even on calls) so they give up and just accept the shit this guy is offering, it was his plan to offer 1500 all along, and trust me my parents were going to if I didn’t step in, just today they called me and said that if this is too much then it’s okay **they’ll just forget the curtains, no point of fighting with these guys the curtains are gone.**
Now about my mother passing out, it happened on 12th Jan, my parents went in for medical check-ups on **15th Jan, 2025** (we’ve the medical report) and after many check ups, something concerning came up. Her RA factor is abnormal. Stress can pump up the RA factor high, even tho it is not one of the main reasons, stress can be a factor. Given debacle in store on 13th Jan and collapse on 15th it’s not hard to connect the dots. My mother otherwise is healthy and all other check-ups came out just fine.
I did some research, read some of Consumer Protection Act, 2019 and Googled around a bit and I think these goons are violating it profusely.
I’ll write the violations below and give my reasons for them.
VIOLATION 1- section 2(46) vi
In the [Terms and Conditions](https://imgur.com/a/LFoiyqc) (this is back side of the bill) it is mentioned in point 5 that no matter what they’re giving 1,500 at best. This is clearly unfair, dry cleaning is inherently a business where expensive clothes are sent if they don’t want to take the responsibility then write in big bold words to give clothes at our own risk, the miniscule compensation is absolutely unfair. It should’ve been based on the amount of damage done to the product/price of the product. The βΉ1,500 cap is to put customer at a disadvantage in case of a clash.
VIOLATION 2- section 2(28)- (i) (ii)
False advertisement. That SAFE CLEANING GUARANTEE, in point 4 is written in big bold words, but essentially it seems more of a “safe cleaning practice”, there’s no guarantee of any sort. If the the arguement is that “they’re handling the curtain safely, that’s the guarantee” then it’s pretty clear that they broke their own code of conduct, apparently my curtains were not handled safely. This is misleading, it should’ve been something like “safe cleaning practices”. Guaranee is misleading, there’s no asterisk as well. This might also be violation of 2(47) h part A.
VIOLATION 3- section 2(11)- (i) (ii)
In the front of the bill (attached with T & C)there are several articles and curtains is not one of them. Makes me believe that they were never properly equipped to handle curtains nor they had the expertise. Yet they neglected this and took my curtains anyways on top of that they withheld that information. They also withheld that old fabrics may shrink, which was my right to know. Everytime we talk with them they point out to the age of the fabric but if then they should’ve mentioned that before handling our curtains, it was never informed or implied that this might happen. Which might also be violation of 9(vi)- right to consumer awareness.
VIOLATION 4
I don’t know what this falls under but that old creep’s opening his shirt was clearly trying to indimidate to subdue customer’s arguement, who the hell opens his shirt (in name of explanation) EVERY TIME the customer talks to him? He just wanted my parents to shut up. That’s what it looks like to me. This is also recorded on camera in their store. We don’t have the recording tho, as I said earlier he also did this when me and my mom were the only people at home. On top of this everytime we had to call and these guys wouldn’t respond if not pushed, it was dragged for 10 days. This is shown in call records and whatsapp messages. I believe they were doing this on purpose to my parents give up and accept whatever slight amount they offer. All this time they were also blaming the age of fabric (is a person supposed to buy new curtains every 2 years??) even tho it’s clearly their negligence and incompetence.
This has us really worried, please help.
**ATTACHMENTS->**
Reference- [https://ncdrc.nic.in/bare_acts/CPA2019.pdf](https://ncdrc.nic.in/bare_acts/CPA2019.pdf) – Consumer Protection Act, 2019. Official document.
[Terms and Conditions](https://imgur.com/a/LFoiyqc) + front of the bill (2nd image)
-
UUser_880cfc37
PARTICIPANT
January 18, 2025 at 6:53 amIf you have the time and money bhejo notice aur kero consumer court mei complaint compensation bhi mil jayega but keep all the proofs-
BBrightsangita8081
OP
January 18, 2025 at 8:26 amIf I submit a complaint then will it be resolved online only or will I’ve to go in court or something. I don’t have the time and money for this shit tho. Isn’t my case strong? What do you think?Btw the proof of shirt opening is on CCTV of their store, we don’t have it.
-
UUser_880cfc37
PARTICIPANT
January 18, 2025 at 8:27 amYes you do have to go to court wait till some lawyer here advices you on something
-
-
-
AAshishmaster940
PARTICIPANT
January 18, 2025 at 7:44 amLegal notice and consumer complaint. -
AAnyadude262
PARTICIPANT
January 18, 2025 at 8:07 amDo whatever you think you should legally, but at least make your parents understand this is not something worth taking this level (collapsing!!?!) of stress for. Who cares if the curtains were expensive, you should care more about their health. Hell buy them new fucking curtains! but stop making this an issue where their health is being affected. Rest is up to you on whatβs your priority.-
BBrightsangita8081
OP
January 18, 2025 at 8:23 amYeah I understand, but these guys really are a headache, they really don’t know how to talk to people. That’s why I’m handling this now.-
AAnyadude262
PARTICIPANT
January 18, 2025 at 8:32 amYou handle it if itβs worth your time. Buy them new curtains and ensure that itβs not a big deal and let it go.
-
-
-
UUser_f6aba9b9
PARTICIPANT
January 18, 2025 at 8:30 amkeep ur parents out of it, tell them not to take stress -
QQuickpratham2339
PARTICIPANT
January 18, 2025 at 8:46 amNAL..OP take the leap and file a complaint in the consumer court.
Hire a good lawyer specializing in consumer disputes and send a legal notice. These bastards operate their business in such manner with the overconfidence that who has the time to go to consumer courts and spend time and money on legal services.
So they thug their way into such malpractices.
Similar thing had happened with us with DTDC courier services. My F-i-Law had sent a brand new sofa cum bed using their service. When we got the delivery, the sofa was broken and damaged. These DTDC fuckers did the same circus, stating that the item was damaged before they even came to pick it up.
I had asked my F-i-L to take photos of the sofa front back sides, etc. and also advised him to record video of the packing, loading and pick up of the sofa. Thankfully he did that. The case took about 8 odd months and on the basis of the video and photo proofs and the purchase invoice got awarded the full price of the sofa plus 50k in damages for mental stress, health issues etc. as a direct result of the issue. The courier company was also fined by the court.
In your case, if you have the invoice for the curtains, plus photos of the curtains before and after the dry cleaning this should help your case. It will also help if you have the bill from the previous dry cleaners, that shows that the curtains were carefully handled by them, will prove the negligence by the current dry cleaners.
Do not accept their paltry compensation and take the time to screw these assholes for the damage they have done. This now is a matter of principle and to let these overconfident pricks know that you will not go gently into the night. Take the time out of your schedules to teach them a lesson.
Claim for the cost of the curtains and the mental stress and harassment along with damages for health issues as a direct result of the dispute. Against the owner of the franchise, file for sexual harassment and outraging the modesty of a woman since he stripped in front of your mother. Also add section 296 of BNS for obscenity (stripping in front of your mother).
Until your court case is concluded, do not post negative reviews against the franchise as this can go against you.
Hope this helps..
Disclaimer: Please note, the information provided above does NOT constitute legal advice/service or any other advice/service. The above information, links, images and or videos is purely for generic advice, suggestion, information and educational purposes only. There is NO legal liability or consequences that can be attributed to the provider of the above information. Advice seekers are requested to please contact and confirm with their respective lawyer/s for further clarity and legal counsel regarding the legal matters / concerns / issues raised by them on this online forum / platform.
-
UUser_3d6d94cf
PARTICIPANT
January 18, 2025 at 10:55 amSo on what basis are u asking for 18k damages for 4+ year old curtain?-
BBrightsangita8081
OP
January 18, 2025 at 11:51 amI’m not asking for 18k, I mentioned that the curtain’s cost was 18k. I asked for a fair compensation.If I get them made today, the exact same ones it’ll cost me 18k. They were in near perfect condition.
Anyways, I know this is not how it works but even if I account for depreciation over the years then I should be fairly compensated for atleast 9k. This includes the value of depreciated (as in economics) curtains + service charge + the headache they’ve given me (although this should be much more since harassment is included but I wanna resolve this ASAP without wasting any more of my time and money in court).
-
-
-
AuthorPosts