CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.

Present

Sri. Santhosh Kesavanath P. President

Smt. Bindhu M Thomas, Member

Sri. K.N. Radhakrishnan, Member

 

CC No.101/11

Thursday the 31^st day of May,2012

 

Petitioner                                              : P.P. Joseph,

                                                             Puthuvakunnel

                                                             Kizhakombu PO

                                                             Koothattukulam-686 662.

                                                             Ernakulam Dist.

                                                             (Adv.Nithin Sunny Alex appointed by the

                                                               Fora as Amicus curie)

                                                          Vs.

 

Opposite parties                                   : M/s.Jeevan Home nursing,

                                                             Room No.104, Triveni Complex

                                                             Near Bhima Jewelry, T.B.Road,

                                                             Kottayam.686 001.

                                                               (Adv.PO John) 

                                                            .

 

            The case of the complainant presented on 18/4/11 is as follows.

            He approached the opposite party for arranging a home nurse for caring his grandson in Gujarath. The opposite party on 30-11-2010 arranged one lady called Smt. Sujatha to go to Gujarath. The opposite party demanded service charges and salary advance of Rs.13,000/-. The complainant remitted above said amount of Rs.13,000/-. Due to the difficulty of arranging the train ticket to Gujarath home nurse Sujatha resided with the complainant at his house for 6 days. While so on 9-11-2010 the train ticket reservation was ready and he told the said fact is to the lady and she submits that she would not got to Gujarath and she went away to his own place. The complainant had spent Rs.1500/- for arranging the train tickets for two persons. The matter was communicated with the opposite party and they told that they arrange some other person immediately. Thereafter the opposite party told that they will arrange another person on 10^th of November. The words of the opposite party was believed by the son of the complainant and he came hereby flight for brought home the home nurse. But opposite party has not do anything as promised. The complainant had spent Rs.12,000/- towards the flight charges. Subsequently in the month of December 2^nd opposite party arranged one lady called Sajeena. The complainant and Sajeena went to Gujarath by spending Rs.1500/- as train fair. At the time of joining the duty Smt. Sajeena submits that she was ready and willing to stay there at Gujarath for 6 months. But on 28^th December so called Sajeena went away. Two days prior to the escape of Smt.Sajeena on 28^th December the opposite party received Rs.8500/- from the complainant. There was clear deficiency of service on the part of the opposite party. The complainant is entitled to get back Rs.21,500/- from the opposite party. Hence this complaint.

            The notice was served with the opposite party. They appeared and filed their version contenting as follows. The complaint is not maintainable either in law or on facts. The opposite party arranged one lady called Sujatha for caring the grandson of the complainant in Gujarath. The complainant had entered into an agreement between the opposite party and the home nurse. The salary and other things were mutually agreed between the complainant and the home nurse. The opposite party has no role in the above matter.   The opposite party had only arranged the home nurse for the parties for their requirements. The opposite party had arranged another lady called Sajeena on demand made by the complainant. There was no deficiency in service on the part of the opposite party. Hence the complaint may be dismissed with costs.

            The complainant filed proof affidavit and documents which are marked as Ext.A1 and A2. After filing the version the opposite party did not turn up.

            Heard the complainant. The case of the complainant is that the opposite party did not arranged the home nurse for caring his grandson in Gujarath. According to him the opposite party arranged the two home nurses and they are not ready to stay there at Gujarath. The opposite party received Rs.21.500/- for arranging the home nurse. But opposite party did not do proper service to the complainant. Admittedly the amount of Rs.21.500/- was received by the opposite party. After receiving the amount from the complainant the opposite party is duty bound to give proper service to him. It was clear deficiency of service on the part of the opposite party. The opposite party is liable to get back the amount received by them. We have no reasons to dis-believe the case of the complainant. Hence we are of the opinion that the complaint is to be allowed.

            In the result the complaint is allowed as follows.

            We direct the opposite party to refund Rs.21,500/- to the complainant and pay Rs.2500/- as compensation for inconveniences and pay Rs.1000/- as costs of these proceedings. The order shall be complied with within a period of one month from the date of receipt of a copy of this order. The order if not complied within one month the amount will carry interest @10% per annum from the date of order till payment.

 

Sri. K.N. Radhakrishnan, Member                    Sd/-

Sri. Santhosh Kesavanath P. President Sd/-

Smt. Bindhu M Thomas, Member                     Sd/-

 

Ext.A1-agreement

Ext.A2- copy of train ticket

Nil

 

By Order,