IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday, the 30th day of September, 2011
Filed on 01/06/2011
Present
1. Sri. Jimmy Korah (President)
2. Sri. K.Anirudhan (Member)
3. Smt. N. Shajitha Beevi (Member)
in
CC/No. 182/2011
between
Complainant:- Opposite parties:-
Sri.P.A. Joseph 1. The Proprietor, Amthrutha
Palliparambil Veedu Agencies, Civil Station Ward
East of Telephone Exchange Alappuzha, Represented by
Alappuzha Smt.Geetha Mohanan & Usha
Chirayil Veedu, Palace Ward
Alappuzha
2. Smt. Geetha Mohanan, Chirayil
Veedu, Palace Ward, Alappuzha
3. Smt. Usha -do- -do-
O R D E R
SMT. N. SHAJITHA BEEVI (MEMBER)
Sri. P.A. Joseph has filed this complaint on 01.06.2011 alleging deficiency in service on the part of the opposite parties. The allegations are as follows:- As per the information of providing Home Nurse by the 2nd and 3rd opposite parties, he approached them for a Home Nurse for the service at his residence to look after his age old mother, who is undergoing Bye pass surgery. At the time of contacting the above opposite parties, the first opposite party accepted a sum of Rs.1,000/- (Rupees one thousand only) from him towards the Registration fee and Rs.4,000/- towards the salary for one month in advance (Rs.4000/- + Rs.1000/-). The first opposite party had issued receipts vide dt. 08.07.2011 and opposite parties sent a Home Nurse to him. After that as per the condition, the opposite parties sent Home Nurse to him. After one day the Home Nurse had gone. But later the opposite parties had not sent any Home Nurse to him. On enquiry, it was learnt that opposite parties left the place. Hence this complaint.
2. Notice was sent to the opposite parties. But they have not appeared before this Forum. Considering their absence the opposite parties were set exparte, and proceeded the matter for a fair adjudication.
3. Considering the allegations of the complainant, this Forum raised the following issues for consideration:-
1) Whether there is any deficiency in service on the side of the opposite parties?
2) Whether the complainant is entitled to get compensation and costs from the
opposite parties together with one month advance salary and registration fee?
4. Issues 1 and 2:- Complainant has filed proof affidavit in support of his case and filed documents in evidence – Exts.A1 to A3 marked – Ext.A1 is the original receipt dt. 8.7.2011 issued by the first opposite party at the time of accepting the amount of Rs.1,000/- from the complainant. The amount was for the one month salary collected in advance and it shows other conditions. The receipt further shows the name of the institution – M/s.Amrutha Agencies – Registration No.09/2009 – The receipt was also signed by the promoter. Ext.A2 is the receipt vide dt. 8.7.2011 issued by the opposite parties, after collecting a sum of Rs.4000/- from the complainant. Ext.A3 is notice published by the opposite parties to the public.
5. We have fully verified the entire matter of this case and perused the documents filed by the complainant in evidence. Ext.A1 and Ext.A2 shows that the first opposite party had accepted a total sum of Rs.4,000/- from the complainant for providing Home Nurse towards advance amount and Registration amount of Rs.1,000/-. The receipts shows that the firm is a registered one, and other conditions. But the first opposite party had not provided the Home Nurse except the first one. At the time of leaving the first Home Nurse from his residence, the complainant contacted the opposite parties for getting the Home Nurse further. But the opposite parties have not taken any positive steps to provide the Home Nurse further to the complainant in time or returned the advance amount accepted by the opposite parties for the said matter. The first opposite party is not entitled to get the advance salary amount, since they have not provided the Home Nurse to the complainant in time as agreed. It will come within the purview of cheating and that the whole action taken by the opposite parties shows their deficiency in service, negligence and unfair trade practice. The complainant is fully entitled to get back the advance amount of Rs.4,000/- collected by the first opposite party along with the Registration fee of Rs.1000/-, since he has not obtained the proper service from the opposite parties. Since there is latches on the part of the opposite parties to provide Home Nurse to the complainant in time, the opposite parties are bound to return the full amount collected by them to the complainant. There is no justification on the part of the opposite parties to retain the amount without repayment. The whole action taken by the opposite parties in this matter shows that there is unfair trade practice and cheating. The opposite parties cannot escape from the liability, since the complainant approach the opposite parties for getting the said service on the basis of the information and paid the above said amounts in advance to the opposite parties. The action of the opposite parties are highly illegal and arbitrary. It is to be further noticed that even though the opposite parties have accepted the notice of this Forum, they have not entered appearance before the Forum. This shows their irresponsible attitude towards this issue. After considering the whole aspects of this matter, we are of the strong view that there is grossest deficiency in service, culpable negligence, cheating and unfair trade practice on the side of the opposite parties by way of not providing Home nurse to the complainant in time, even though the opposite parties have accepted a sum of Rs.4,000/- in advance from the complainant together with Registration fee of Rs.1000/-. So after considering facts and circumstances of this case, we are of the view that the allegations raised by the complainant against the opposite parties are to be treated as genuine. So the complaint is to be allowed as prayed for. All the issues are found in favour of the complainant.
In the result, we hereby direct the opposite parties to return the amount of Rs.5,000/- (Rupees five thousand only) (Advance salary amount of Rs.4000/- + Rs.1000/- as registration fee) to the complainant with 18% interest per annum from the date of accepting the said amount by the opposite parties from the complainant, ie. on 8.7.2011, to till the date of realization of the amount, and further pay an amount of Rs.1,000/- (Rupees one thousand only) as compensation for the mental agony, pain, sufferings, physical strain inconvenience and loss of the complainant, due to the grossest deficiency in service, culpable negligence, cheating and unfair trade practice of the opposite parties by way of purposeful negligence to provide Home Nurse to the complainant further in time and acted in an irresponsible way, even though the advance salary amount for one month had collected from the complainant by the opposite parties. Considering the whole facts and circumstance of this case, we are of the further view that the opposite parties are liable to pay punitive damages to the complainant. So we further direct the opposite parties to pay a sum of Rs.1000/- (Rupees one thousand only) to the complainant as punitive damages and further directed the opposite parties to pay an amount of Rs.1000/- (Rupees one thousand only) as costs of this proceedings. We further ordered that the complainant is free to proceed against the assets of the opposite parties for the realization of the said amounts, in case any violation of this order by the opposite parties. We direct the opposite parties to comply with this order, within 20 days from the date of receipt of this order.
Complaint allowed.
Pronounced in open Forum on this the 30th day of September, 2011.
Sd/- Smt. N. Shajitha Beevi:
Sd/- Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Appendix:-
Evidence of the complainant:-
Ext.A1 - Original receipt dtd. 8.7.2011
Ext.A2 - Receipt for Rs.1000/-
Ext.A3 - Notice issued by the opposite parties to the complainant
Evidence of the opposite parties:- Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/-
Compared by:-
