Tamil Nadu

South Chennai

2/2010

A.L.Shanthi - Complainant(s)

Versus

M.M.Womens Hostel - Opp.Party(s)

A.N.Azhagappan

13 Oct 2015

ORDER

                                                                          Date of Complaint  : 02.12.2009

                                                           Date of Order        : 13.10.2015

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT :    THIRU. B. RAMALINGAM, M.A.M.L.,                  :  PRESIDENT                     

                     TMT.K. AMALA, M.A. L.L.B.,                                :  MEMBER – I

                     DR.T.PAUL RAJASEKARAN, M.A D.Min HRDI, AIII,BCS : MEMBER II

                                                     

C.C.No. 2 / 2010

THIS  TUESDAY  13^th  DAY OF  OCOTBER 2015

 

Miss. A.L. Santhi,

G4, “A” Block,

Ashok Manor,

Rajapandian Avenue,

Arulneri Nagar (Extension),

Sembakkam,

Chennai 600 079.                                                .. Complainant.

                                                         - Vs-

 

The Proprietor, M.M.Women’s Hostel, No.9, Mangai Nagar First Cross Street, Jaffarkhanpet, Ashok Nagar, Chennai 600 083.                                            .. Opposite party.		.. Opposite party.

For the complainant          :   Tr.A.N.Anbalagan (power of attorney)

For the opposite party       :   M/s. P.Vasantha Kumar Visweswaran      

 

           Complaint under section 12  of the Consumer Protection Act, 1986 for a direction to the opposite party to pay a sum of Rs.3100/- and also to pay a sum of Rs.50,000/- as compensation to the complainant.  

ORDER

THIRU.   T.PAUL RAJASEKARAN ::    MEMBER-II

1.The case of the complainant is briefly as follows:-

          The complainant stated that the complainant has joined the  opposite party’s women hostel on 16.2.2009 and  paid a sum of Rs.3100/- towards  caution deposit amount.    The complainant also stated that she  left the hostel from 1.10.2009 and she has paid rental fee, boarding charges regularly and there is no balance amount.     Further the complainant has vacated the hostel on 30.9.2009,  despite of several  demands made by the complainant the said caution deposit amount of Rs.3100/- has not been returned by the opposite party.    Accordingly the complainant sent registered letter to the opposite party but he failed to reply or comply.     As such the act of the opposite party is amount to deficiency in service and which caused mental agony and hardship to the complainant.    As such the complainant sought for return of a sum of Rs.3100/- towards caution deposit amount and also to pay a sum of Rs.50,000/- as compensation to the complainant.  Hence the above complaint. 

2.     Written version of  opposite party   is  as follows:-

          The opposite party specifically denies each and every allegation made in the compliant and puts the complainant to strict proof of the same.   The opposite party stated that at the time of joining, the inmates including the complainant herein, are duly instructed in writing that there should be prior one month notice before vacating the hostel.   The said fact is to the knowledge of the complainant.  Any prospective inmate would have to apply for a place in the hostel and the opposite party after scrutiny accepts or rejects the same.   In the present case, the complainant was admitted thereby a contract of personal service is entered into between the complainant and the opposite party.    The complainant on 1.10.2009 has abruptly left the hostel without informing the warden or any other person or signing the letter confirming that she has vacated the hostel.   Therefore the contract dated 16.2.2009 under which the complainant came in as an inmate is deemed to be continuing and the complainant is liable to pay the Hostel Rental of Rs.3100/ per month from 1.10.2009 till date and further rentals till the time of signing the letter confirming that she has vacated the hostel.  The complainant failed to collect the same after vacating the hostel.   It is the usual procedure that the complainant has to sign the receipt in confirmation of having received the advance amount.  Despite the opposite party have the cheque, ready to be paid the complainant did not sign the receipt and collect the advance amount.   The opposite party has not committed any deficiency of service and unfair trade practice and therefore this complaint is liable to be dismissed.

3.     Complainant has filed her Proof affidavit and  Ex.A1 to Ex.A11 were marked on the side of the complainant.   Opposite party has filed his proof affidavit and Ex.B1 to Ex.B6 were marked on the side of the opposite party.

4.      The points that arise for consideration are as follows:-

1. Whether there is any deficiency in service on the part of the

         opposite party ?

 

2. To what relief the complainant is entitled to?

5. POINTS 1 & 2

               Perused the complaint  filed by the complainant, written version filed by the opposite party, proof affidavit filed by  both the parties and  Ex.A1 to Ex.A11  filed on the side of the complainant and Ex.B1 to Ex.B6 filed on the side of the opposite party and considered both side arguments.

6.     As per the pleading of both sides there is no dispute as the complainant has stayed from 16.2.2009 to 30.9.2009 and left the hostel from 1.10.2009 as an inmate and there is no dispute on the claim with regard to payment of rent, boarding charges and receipt of the caution deposit claimed by the complainant.    The complainant has vacated the hostel on 30.9.2009 and in consequent to the caution deposit the opposite party is liable to pay the complainant caution deposit collected by him.

7.     The main grievance in the complaint made by the complainant is that the said caution deposit of Rs.3100/- has not been returned by the opposite party despite of  her demand.  Whereas the opposite party having admitted his liability to return the caution deposit denies the allegation made by the complainant.   Regarding the allegation of refusal by the opposite party and also stated he had sent a cheque for the said amount to the complainant which was returned due to non receipt of the cover by the complainant stating door locked / information given.

8.     Whereas the said alleged letter, returned cover with cheque No.313322 dated 25.11.2009 for Rs.3100/- drawn on IOB T.Nagar Branch on 30.12.2009 which appears that the complainant has filed the complaint on 2.12.2009 which proves that the cheque sent by the opposite party was not received by the complainant.  The caution deposit of Rs.3100/- has to be returned to the complainant immediately when she vacated the hostel.   As per the rules and regulation stipulated in the contract entered between both the parties the complainant has given one month notice i.e. on 2.9.2009 (Ex.9) and left the hostel only on 1.10.2009.  

9.     Hence we are of the view that the opposite party being liable to return the caution deposit amount of Rs.3100/- mentioned in the complaint immediately from the date of vacating the hostel by her, has not returned the amount which amounts to deficiency of service and which caused mental agony and hardship to the complainant.    Therefore,  we are of the considered view that the opposite party is liable  to pay a sum of Rs.3100/- with interest at the rate of 9% from the date of vacating the hostel i.e. from 1.10.2009 to till the date of payment and also to pay a sum of Rs.2,000/- as just and reasonable compensation and also to pay a sum of Rs. Rs.5,000/- as litigation expenses to the complainant and accordingly the points 1 & 2 are answered in favour of the complainant.

In the result, the complaint is partly allowed.  The opposite party is directed  to pay a sum of Rs.3100/- (Rupees three thousand and one hundred only) with interest at the rate of 9% from the date of vacating the hostel i.e. from 1.10.2009 to till the date of payment and also to pay a sum of Rs.2,000/- (Rupees Two thousand only) as compensation and also to pay a sum of Rs.5,000/- (Rupees five thousand only) as litigation expenses to the complainant  within six weeks from the date of this order failing which the compensation amount of (Rs.2,000/) shall carry interest at the rate of 9% per annum from the date of order  passed till the date of realization. 

        Dictated directly by the Member-II to the Assistant, transcribed and computerized by her, corrected by the Member-II and pronounced by us in the open Forum on this the 13^th     day of  October   2015.

 

 

MEMBER-I                                        MEMBER-II                                           PRESIDENT.

Complainant’s Side documents :

Ex.A1- 16.2.2009      - Copy of Receipt.

Ex.A2- 16.2.2009      - Copy of Receipt.

Ex.A3- 1.3.2009        - Copy of receipt.

Ex.A4- 7.4.2009        - Copy of receipt.

Ex.A5- 6.5.2009        - Copy of receipt.

Ex.A6- 10.6.2009      - Copy of receipt.

Ex.A7- 6.7.2009        - Copy of receipt.

Ex.A8- Aug’2009       - Copy of receipt.

Ex.A9- 2.9.2009        - Copy of letter sent by the complainant to the opposite party.

Ex.A10-7.9.2009       - Copy of receipt.

Ex.A11-16.11.2009    - Copy of letter sent by the complainant to the opposite party

                                  with acknowledgment card. 

 

Opposite party’s side documents: -  

 

Ex.B1- 16.2.2009      - Copy of application form

Ex.B2- 7.8.2009        - Copy of letter by complainant.

Ex.B3- 2.9.2009        - Copy of letter by complainant.

Ex.B4- 7.3.2009 to    - Copy of letters by complainant.

          25.9.2009

Ex.B5-                    -        - Copy of Returned Postal Cover.

Ex.B6- 7.4.2010        - Copy of Authorization letter.

 

 

 

MEMBER-I                                         MEMBER-II                                          PRESIDENT.