IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM

Dated this the 27th day of September, 2023

Present:    Sri.Manulal.V.S, President

                                                                                                 Smt.Bindhu.R, Member

                                                                                                 Sri.K.M.Anto, Member

CC No.107/2023 (Filed on 11/04/2023)

Complainant                          :    Dr.Shivakumar C.P,  S/o Krishnan,

                                                   Chalubattil Purayil House,

                                                      Mundakkal,

                                                      Poovattuparambu P.O,

                                                      Kozhikkodu – 683 008

                                                     Now residing at Vechuveettil House,

                                                       Arpookkara East P.O,

                                                       Kottayam – 686 008.                                                    

                                                     (By Advs: Akash K.R & Raghavnath Sreedhar)

                                           Vs.

Opposite party                                                                                  :    Life Way Associates,

                                                                                                               Meenachil Building,  

                                                                                                              Third Floor, Thekkumgopuram,

                                                                                                              Kottayam  - 686 001.                                                

                                                                                                              Rep. by its Proprietor Raji M.R.

                                                 O R D E R

Smt.Bindhu.R, Member    

The complainant who is working as an Associate Professor in Government Medical College, Kottayam approached the opposite party at their office on 11/07/2022 for availing the service of a house maid. The opposite party is running a manpower consultancy. The opposite party agreed to provide maid as per the requirement of the complainant and the  complainant paid Rs.18,000/- as salary advance,Rs.1,000/- as service charge and Rs.500/- as registration fees to the opposite party. Complainant is thus a consumer of the opposite party. The amounts were paid via UPI to Miss.Raji.  On 18/07/2022,  the opposite party sent a lady named Mrs.Rosly to the complainant’s present residence. The opposite party agreed that they would provide their service for continuous 6 months without fail for which they received one month’s salary in advance and agreed that the amount would be refunded on completion of 6 months. But the employee sent by the opposite party left the job on 2/08/2022 i.e, after 15 days by realising Rs.9,000//- as her salary from the complainant. Thereafter though the complainant requested several times to send another staff the opposite party neither responded nor returned the amount received. The opposite party always tried to evade from answering the complaint’s calls. On 14/03/2023 complainant complained before SHO, Gandhi Nagar police station and the opposite party returned an amount of Rs.10,000/- to the complainant and agreed that the balance amount of Rs.9,500/- would be returned in a week. But the opposite party has not returned the due amount of Rs.9,500/- till date. The opposite party is trying to get unlawful enrichment by evading the payment of money to the complainant causing mental agony and irreparable loss to the complainant. The act of the opposite party in giving false promises of service and after accepting consideration not providing service amounts to deficiency in service and hence the complaint is filed for a direction to the opposite party to refund an amount of Rs.9,500/- to the complainant along with Rs.25,000/- as compensation and Rs.5,000/- as litigation cost.

Though notice was issued to the opposite party, the same returned as door locked with intimation. But the opposite party did not care to appear before the Commission or file version. The opposite party was set exparte.

The complainant filed proof affidavit along with 3 documents which were marked as Exhibits A1 to A3.

On the basis of the pleadings and evidence on record we frame the following issues as whether there is any deficiency of service on the part of the opposite party and if so what relief the complainant is entitled to ?

ISSUES :-

The complainant’s case is that the opposite party, by receiving Rs.19,500/- promised to give a house maid to the complainant upon registration as per the terms and conditions issued by the opposite party. The maid who was appointed, collected Rs.9,000/- as her salary despite the complainant had remitted Rs.18,000/- to the opposite party’s office. But the said staff quit the job after 15 days without prior notice. When the complainant intimated this to the opposite party they did not respond. The complainant demanded to refund  of the money paid by him. The opposite party was not ready to repay the amounts collected from him hence this case is filed.

Exhibit A1 is the payment receipt made by the complainant to one Raji M.R of Life Way, the opposite party. As per the Exhibit A2 agreement the complainant was bound to pay the registration fees and one month salary advance at the time of registration. Opposite party has agreed to supply staff for 6 months and eligible for 3 replacements in a period of 6 months. But according to the complainant the staff who was appointed by the opposite party quit the job within 15 days. Thereafter the opposite party did not answer to the complainant’s call or return the money. Exhibit A3 is the copy of the complaint lodged by the complainant to the SHO, Gandhinagar Police station. Though the opposite party has received notice from this Commission, she did not appear before us or file version. In the absence of contrary evidence, we are of the view that the opposite party has tried to deceive the complainant by receiving money and giving promise to an assured service of housemaid but later deviated from this. So we are inclined to allow the complaint for the just and proper disposal of the complaint.

The complaint is allowed vide the following Order :

(1) The opposite party is directed to pay Rs.9,500 /- (Rupees Nine Thousand and Five Hundred only) to the complainant along with an interest @ 9% p.a. from the date of filing of the complaint till realization.

(2).The opposite party is further directed to give Rs.5,000/- (Rupees Five Thousand only)  towards compensation for mental agony along with a cost of Rs.2,000/-(Rupees Two Thousand only).

The order shall be complied within 30 days or receipt of a copy of this order, failing which the compensation amount shall carry an interest @9% p.a. till realisation.

 Pronounced in the Open Commission on this the  27th day of September, 2023

  Smt.Bindhu.R, Member           Sd/- 

  Sri.Manulal.V.S, President      Sd/-

  Sri.K.M.Anto, Member            Sd/-

APPENDIX :

Exhibits from the side of the Complainant :

A1   -   Copy of the screen shot of the Googlepay transaction

            for Rs.19,500/- to Raji M.R

A2    -  Copy of Terms & Conditions issued by the opposite party

A3   -   Copy of complainant’s complaint dated 14/03/2023

            given to the SHO, Gandhinagar, Kottayam

Exhibits from the side of Opposite party :

Nil

                                                                                     By Order,

                                                                                          Sd/-

                                                                             Assistant Registrar