BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. G. SIVAPRASAD : PRESIDENT
SMT. BEENAKUMARI. A : MEMBER
SMT. S.K.SREELA : MEMBER
C.C. No. 248/2012 Filed on 01.08.2012
Dated : 15.10.2012
Complainant :
Sudeep. P, Assistant Manager-Production, Ashapura Mine Chem Ltd., KINFRA International Apparel Park, St. Xavier's College P.O, Thiruvananthapuram-695 586.
(Party in person)
Opposite party :
Geetha. L, Sneha Sadanam Public School, Padinjattumukku, Kaniyapuram, Thiruvananthapuram-695 301.
This O.P having been heard on 05.10.2012, the Forum on 15.10.2012 delivered the following :
ORDER
SMT. S.K. SREELA, MEMBER
Complainant's grievance is as follows: Complainant and his wife are employed and hence they decided to admit their 1½ year old child to the day care centre and accordingly on July 16th they decided to admit the child to the opposite party's day care centre which is situated near the complainant's house and on 16.07.2012 at 9 am complainant approached the opposite party and paid an amount of Rs. 2,750/- demanded by the opposite party, but they did not issue any receipt for the same and when insisted for a receipt the complainant was given an acknowledgement in a white paper. On that day in the evening when the complainant went to collect the child they found that there was a wound in the forehead of the baby and besides that they never changed the diaper also. Since the child has been looked after carelessly, complainant enquired the same, but there was no positive response from the part of the opposite party. Hence the complainant decided to withdraw the child from the day care and requested for the refund of the amount. Since opposite party has not refunded the amount, complainant has approached the Forum for the redressal of his grievances.
Opposite party has been intimated with regard to the filing of this complaint and inspite of this intimation opposite party never turned up and hence opposite party remains exparte.
The issues for consideration are:-
Whether there is any deficiency in service on the part of the opposite party?
Whether the complainant is entitled for any of the reliefs as claimed in the complaint?
Points (i) & (ii):- It has been the case of the complainant that he had admitted his infant who is 1½ years old in the opposite party's day care centre by paying an amount of Rs. 2,750/-. Complainant pleads that due to the careless attitude of the opposite party, the forehead of the baby was injured and has pleaded that the baby's diaper was never changed from the morning till evening and the diaper was filled with baby's excreta. Complainant pleads that at the time of paying the fees, he was not issued with a receipt and when he insisted for the same, opposite party inspite of giving a receipt, noted the same in a white paper showing the receipt of the amount. Complainant has produced it as Ext. P1. In Ext. P1 the payment of Rs. 2,750/- towards admission fee and fee for July has been mentioned. Signature of the opposite party is also therein. The date is mentioned as 16.07.2012. Since the opposite party has not appeared before this Forum to deny the same, we find that that what is stated by the complainant is true. Complainant has filed his affidavit and he has not been cross examined and hence his affidavit stands unchallenged. The act of the opposite party in not taking care of the child even after acceptance of the fees towards the same definitely amounts to deficiency in service on their part. Further the act of the opposite party in not issuing the receipt amounts to unfair trade practice on their part. Hence this Forum finds that the complainant has succeeded in establishing his complaint. In the light of the above, we find that as the pleadings in the complaint stands uncontroverted complainant is entitled for refund of Rs. 2,750/- along with a compensation and costs of Rs. 5,000/-.
In the result, complaint is allowed. Opposite party shall refund Rs. 2,750/- along with Rs. 5,000/- towards compensation and costs to the complainant within a period of one month from the date of receipt of this order failing which the entire amount shall carry interest at the rate of 9%.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15th day of October 2012.
Sd/-
S.K. SREELA : MEMBER
Sd/-
G. SIVAPRASAD : PRESIDENT
Sd/-
BEENAKUMARI. A : MEMBER
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C.C. No. 248/2012
APPENDIX
I COMPLAINANT'S WITNESS :
NIL
II COMPLAINANT'S DOCUMENTS :
P1 - Copy of receipt for Rs. 2,750/-.
III OPPOSITE PARTY'S WITNESS :
NIL
IV OPPOSITE PARTY'S DOCUMENTS :
NIL
Sd/-
PRESIDENT
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