1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K.ANIRUDHAN (MEMBER) Sri. K.S. Jayakumar filed this complaint before this Forum alleging deficiency in service on the part of the opposite party. The brief facts of the contentions of the complaint are as follows:- The opposite party is conducting supply of home nurses for look after the age-old people. For obtaining the service of the nursing of his mother, the complainant availed the service of one Home Nurse from the opposite party. At the time of obtaining the service, as per the instruction of the opposite party, the complainant has deposited a sum of Rs. 2,500/- by way of Salary deposit and a sum of Rs. 500/- by way of Registration fee and the opposite party has issued receipt dated 15-07-2007 for the said amount to the complainant. As such the opposite party has deputed the home nurse to help the age-old mother of the complainant. After the service of the Home Nurse, the complainant given proper salary to the home nurse and after that the complainant terminated the service of the home nurse by paying a sum of Rs. 1,500/- and other benefits. After that, the complainant has requested to return the deposit amount from the opposite party. Since the opposite party has not repaid the deposit amount, the complaint filed this petition before this forum alleging deficiency of service and other reliefs. 2. Notice was issued to the opposite party. But he has not entered appearance before the Forum. Considering the continuous absence of the opposite party, this Forum made the party set exparte on 21-02-2008. Considering the contentions of the complainant this Forum raised the issue: Whether there is any deficiency in service? 4. In this case, the complainant has filed proof affidavit and produced document in evidence in support of his case. The document was marked as Ext. A1. Ext. A1 is the original cash/credit receipt dated 15-07-2007 for a sum of Rs. 3,000/- issued by the opposite party in favour of the complainant. The receipt shows that he remitted Rs. 3,000.0 by way of Registration Fees and Salary Deposit (Rs. 2,500/- was the salary deposit and Rs. 500/- was for registration). But so far the opposite party has not returned the deposited amounts to the complainant. This amounts to deficiency in service on the part of the opposite party. So, we are of the view that, the complaint is to be allowed, since the contentions of the complainant is genuine. 5. In the result, we direct the opposite party to repay the salary deposited amount of Rs. 2,500/- (Rupees Two Thousand and Five Hundred only) to the complainant and a compensation of Rs. 500/- (Rupees Five Hundred only) for mental agony and inconvenience and a cost of Rs. 250/- (Rupees Two Hundred and Fifty only) to the complainant. We further direct the opposite party to pay the said amount to the complainant within one month from the date of receipt of this order. Complaint allowed. Dictated to the Confidential Assistant, transcribed and typed by him, corrected and pronounced by me in Open Forum on this the 29th day of July, 2008. Sd/- SRI. K.ANIRUDHAN Sd/- SRI. JIMMY KORAH Sd/- SMT. N.SHAJITHA BEEVI APPENDIX:- Evidence of the Complainant:- Ext. A1 - Receipt dated 15-07-2007 Evidence of the opposite party: - NIL // True Copy // By Order Senior Superintendent To Complainant/Opposite party/SF Typed by: Sh/- Compd by:
