Tamil Nadu

South Chennai

CC/152/2021

N.Srinivasan - Complainant(s)

Versus

M/s Sai Madha Trust Old Age Home - Opp.Party(s)

N.Srinivasan

13 Mar 2023

ORDER

                                         Date of Complaint Filed : 18.01.2021

                                        Date of Reservation      : 01.03.2023

                                        Date of Order               : 13.03.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                        THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                :  MEMBER  I 

                        THIRU. S. NANDAGOPALAN., B.Sc., MBA.,          : MEMBER II

 

CONSUMER COMPLAINT No.152 /2021

MONDAY, THE 13^th DAY OF MARCH 2023

N.Srinivasan,

S/o Narayanan,

Hindu aged about 80 years,

Residing at M28-B, Ground Floor,

Shree Subha Colony, No.5,

Munuswamy Salai, KK Nagar West,

Chennai 600 078.                                                                                                                                ... Complainant                

 

..Vs..

 

M/s. Sai Madha Trust Old Age Home,

Represented by Mr. C. K. Narayanan,

No.77, Vijayanagar 2^nd Street,

Mudichur, Chennai – 600 126.                                                                                                               ...  Opposite Party

 

******

Counsel for the Complainant          : M/s. S. Ponraj

Counsel for the Opposite Party       : Exparte

 

On perusal of records and after having heard the oral arguments of the Counsel for the Complainant, we delivered the following:

ORDER

Pronounced by Member-II, Thiru. S. Nandagopalan., B.Sc., MBA.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 35 of the Consumer Protection Act, 2019 and prays to direct the Opposite Party to pay a sum of Rs.30500/- to the Complainant towards the payments collected by the Opposite Party and to pay a sum of Rs.10,00,000/- to the Complainant as compensation for the damages caused by the deficiency of service along with cost.

2.     The averments of Complaint in brief are as follows:-

The Complainant and his wife are senior citizens and do not have anybody to take care of them. The Complainant was looking for a suitable place for food, shelter and proper care, when he found a newspaper advertisement of the Opposite Party, in Dina Thanthi on 23.02.2020, which is a home for old age people, on a payment basis. The Complainant, on calling the Opposite Party, they provided the following details : (a) The old age home was being run for several years (b) No deposit was collected for admitting inmates. On 27.02.2020, the Opposite Party had taken the Complainants to an old age home in Vengaivasal, which was not at all in order and failed to impress the Complainants. Subsequently, on 02.03.2020, the Opposite Party induced the Complainants to visit another old age home of theirs in Mudichur. The Complainants again were not satisfied with the amenities, but the Opposite Party persuaded them, to join in the said old age home at Mudichur and induced them to pay an amount of Rs.20000/- which was paid to the Opposite Party by the Complainant on 02.03.2020 under the understanding that the Complainant and his wife would be able to check in the old age home on 05.03.2020. On 08.03.2020, the Complainant was alone in the old age home, when he was watching TV in the hall at around 05.30 pm, a lady came to close the door, which was resisted by the Complainant. The said lady pushed the Complainant down which caused physical injury to the Complainant and caused him to incur hospital expenses and immediately vacated the old age home premises. The Complainant further submitted that he demanded the refund of advance amount paid, which was resisted by the Opposite Party. On 12.06.2020, the Complainant caused a legal notice to the Opposite Party claiming the refund which was not responded to despite reminders. Moreover the Complainant submits that he registered a police complaint against the Opposite Party on 29.08.2020 in the KK Nagar Police Station, which is pending for investigation. Hence the Complaint.

3.The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents were marked as  Ex.A-1 to Ex.A-4. Despite sufficient notice served on the Opposite Party, Opposite Party failed to appear before this commission and they have been called absent and set Ex-parte.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:

The Complainant averred that he and his wife are senior citizens and do not have anybody to take care of them hence they were looking for a suitable place for food, shelter and taking proper care of them at their old age. Further submitted that they saw a newspaper advertisement of the Opposite Party in Dina Thanthi newspaper on 23.02.2020 a home for old age on a payment basis. The Complainant submitted that by enquiring with the Opposite Party about the old-age home and its details, the Opposite Party replied that they were providing food and good shelter to the old-age people that was being run for several years with no admission deposit money collected for the inmates. The Complainant further submitted that on 27.02.2020, the Opposite Party taken the Complainant and his wife to an old age home at Vengaivasal which was not at all in order and failed to impress the Complainant subsequently on 02.03.2020 the Opposite Party induced the Complainant to visit another old-age home at Mudichur. The Complainant submitted that even they were not satisfied with the amenities at Mudichur but the Opposite Party convinced the Complainant to join the old-age home at Mudichur with frequent follow ups. Henceforth Complainant ascertains that on 05.03.2020 he moved to the Opposite Party old age home by paying a sum of Rs.20,000/- on 02.03.2020 by cash as seen in EX.A-1 followed by that the Complainant affirms that at the time of joining the Old age home on 05.03.2020 the Opposite Party further demanded a sum of Rs.10,500/- which was paid by the Complainant as seen in EX.A-2 vide bill No.008. The contention of the Complainant is that on 08.03.2020 while watching the Television at the old age home by 5.30 p.m an attender of the Opposite Party has pushed him down by causing a physical injury subsequently he was taken to the hospital for the treatment thereafter immediately vacated the Old age home. After vacating from the Opposite Party premises Complainant started requesting to refund the advance amount of Rs.30,500/-, since no response evoked from the Opposite Party, Complainant caused a legal notice to the Opposite Party on 12.06.2020 as seen in Ex.A-3 demanding a sum of Rs.30,500/- along with the compensation. Even After the legal notice Opposite Party failed to respond henceforth Complainant filed a complaint at KK Nagar police station on 29.08.2020 as seen in Ex.A-4. Since no response from either side, the Complainant filed a case in this commission. On careful perusal of the Complainant averments and the facts and circumstances of the case we are of a considered view that the affirmations made by the Complainant on the Opposite Party is not justifiable as the Complainant failed to prove that the Opposite Party did not perform the service as undertaken by them. Moreover the Complainant neither failed to produce any of the materialistic documents  to substantiate the allegation that the Opposite Party’s misconduct caused an injury. Henceforth the Complainant's contentions were not validated with relevant evidence to prove that the Opposite Party have committed deficiency of service and unfair trade practice towards the Complainant. Hence Point No.1 is answered.

Point Nos.2 and 3:

As discussed and decided Point No.1 against the Complainant, the Complainant is not entitled for the reliefs claimed in the complaint and hence not entitled for any other relief/s. Accordingly Point No.3 is answered.

 In the result, the complaint is dismissed. No costs.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 13^th of March 2023.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	02.03.2020	Receipt
Ex.A2	05.03.2020	Receipt
Ex.A3	12.06.2020	Legal Notice
Ex.A4	29.08.2020	Police complaint

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT