R.VIJAYAKUMAR, MEMBER

          This is a complaint filed Under Section 12 of Consumer Protection Act. The complaint is filed for getting Rs.52, 750/- including deposit Rs.2000/- balance from salary advance Rs.300/- Car rent Rs.450/- and compensation Rs.50, 000/-.

(2)

The averments in the complaint can be briefly summarized as follows.

          On getting information from the advertisement in The Malayala Manorama Daily, the complainant who is an Advocate contacted opposite parties for getting service of a servant as a bye-stander for her elder sister who was under treatment as IP at Nirmala Hospital, Kottarakkara. As per the intimation given by the opposite parties on 20/01/2011 at 1.30 PM that the servant is ready, the complainant arrived at opposite party’s institution and had remitted deposit amount Rs.2000/- service for the term of two weeks. As a condition in the agreement that daily remuneration Rs.175/- is to be paid by the complainant directly to the third opposite party, the complainant paid Rs.500/- in advance to the third opposite party. The second opposite party had sent third opposite party along with the complainant. The complainant and third opposite party  caused to reach at Nirmala Hospital incurring expenditure Rs.450/- for car rent by the complainant. The third opposite party entered duty at 3.30 PM on 20.01.2011. In the next day morning itself the third opposite party left from the hospital leaving the old aged patient who is unable even to move without the help of others, ignoring her responsibility to the duty. Even though the incident was informed to the second opposite party immediately no action was taken. The act of opposite parties amounts to deficiency in service which resulted in much pain and mental agony to the complainant. The opposite parties are liable to refund the deposit amount Rs.2000/- balance amount Rs.300/- from the salary paid in advance, car rent Rs.450/- and compensation for mental agony Rs.50, 000/-. Hence the complaint.

          Even though sufficient opportunity has been given the opposite parties remained absent. Hence set exparte.

The complainant filed affidavit. PW1 examined. Exts.P1 and P2 marked.

Heard.

          The points that would arise for consideration are:

1. Whether there is any deficiency in service from the part of opposite parties.

2. Compensation and cost.

(3)

Points (1) and (2)

                    As the opposite parties remained absent, we are constrained to rely upon the evidence adduced by the complainant. We have perused the complaint, affidavit and documents in detail. Ext.P1 shows that an agreement was executed by the parties regarding the service of a servant and the opposite party’s institution had received Rs.2000/- from the complainant on 20/01/2011. Ext.P2 is the receipt based on Ext.P1.

                   The main allegation in the complaint is that after receiving deposit and Rs.500/- as salary in advance, the third opposite party who was appointed for rendering service as a bye-stander left the place leaving the old aged patient who was under treatment in the said hospital without giving any information to any one. Even after getting information by the complainant about the said act of third opposite party, second opposite party has not taken any action. As the Manager of opposite party’s institution the first opposite party also in liable for the deficiency in service. In this context, the anxiety and mental agony sustained by the complainant as a result of the irresponsible and merciless act of opposite parties cannot be narrated. We cannot say that the opposite party had rendered service even for a single day.

              Considering all the facts and circumstances we came to the conclusion that there is deficiency in service from the part of opposite parties.

          The points found accordingly

          In the result, the complaint is allowed. The opposite parties are directed to refund advance amount Rs.2000/- and balance from salary advance Rs.300/- to the complainant. The opposite parties are further directed to pay car rent Rs.450/- and compensation for damages and mental agony         Rs.25, 000/- to the complainant. As there is no prayer in the complaint regarding costs no order as to costs.

(4)

                                                Dated this the 30^th day of November 2011.

                                                                   G.Vasanthakumari :Sd/-

                                                                   R.Vijayakumar       :Sd/-

I N D E X

List of witness for complainant

PW1                      - G.Lalithakumari

List of documents for complainant

P1                         - Agreement

P2                         - Cash Receipt