CONSUMER DISPUTES REDRESSAL COMMISSION – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110016
Case No.161/2017
DR. RENU TAYAL,
R/O HOUSE NO. 201,
SECTOR 35-A, …..COMPLAINANT
Vs.
- M/S DOMESTIC CARE SERVICES
THROUGH ITS PARTNERS
31/2, TALMOOR NAGAR, NALA ROAD
NEAR FRIENDS COLONY
NEW DELHI-110025
- RINKU KUMAR
AUTHORIZED AGENT
M/S DOMESTIC CARE SERVICES
321/2, TALMOOR NAGAR, NALA ROAD
NEW FRIENDS COLONY
NEW DELHI-110025 …..OPPOSITE PARTY
Date of Institution-03/05/2017
Date of Order- 01/06/2022
O R D E R
RASHMI BANSAL– Member
The present complaint is filed by complainant against OP, the house maid service provider under the name and style of ‘Domestic Care Services’ for deficiency of service on its part and has prayed for refund
of sum of Rs. 43,000/- paid by her to the OP for availing maid service along with interest @ 12% per annum, damages for a sum of Rs. 2,00,000/- towards mental harassment and torture and 25,000/- towards cost of litigation.
The Complainant has entered into an agreement dated 03.12.2015 with OP for 11 months, expiring on 03.11.2016, for availing services of OP for providing a housemaid for her house. The complainant has paid Rs. 43,000/- to OP for providing the said service, along with three months advance salary of domestic help and 2000/- fee towards pick and drop of domestic help, vide Ex A1(colly). In pursuance of the above services, OP provided one domestic help 6500/- per month to the complainant on starting job with effect from 03.12.2015. It is submitted by complainant that domestic help worked at her house till 31.03.2016, and on that day, the said domestic help left the house with all her belongings in early morning hours without intimation and permission of the complainant.
OP was immediately informed by complainant about the said fact and requested OP to provide an alternative arrangement on urgent basis in terms of the agreement to provide another domestic hep for the remaining period, for which OP was legally bound, or for refund of the amount paid for the services, however, despite repeated requests OP did not provide any alternative arrangement to the complainant nor refunded the amount.
This is submitted by the complainant that she had to arrange for a new domestic help at 6000/- per month, showing the receipt of payment as Ex A2. The complainant alleges deficiency of service on the part of OP for not honoring the terms of the agreement by not providing
alternate maid / domestic help to her and causing her monetary losses and fraudulently exploiting complainant financially, physically and mentally, resulting into deficiency and defective service on the part of the OP. The legal notice dated 12.12.2016, Ex A3, served upon OP was also not responded by OP.
The OP, upon notice, chose not to appear despite service and as such, he was proceeded ex-parte vide order dated 06.07.2017.
We have heard learned counsel for the complainant and have gone through the ex-parte evidence and written arguments submitted on her behalf and record of the case carefully. The receipts filed by the complainant establish that the complainant has paid total amount of Rs. 64,500/- to opposite party, out of which, commission for availing domestic care service, Rs. 43,000/- was paid on 03.12.2015 and the above stated amount is duly received by OP. It is made out from the facts of the case that the OP was not able to meet his commitment for the providing domestic help to the complainant as per terms and conditions of the agreement dated 03.12.2015.
Since the OP is proceeded ex – parte, thus, all the averments made in the complaint are deemed to have been admitted by OP and the evidence led by the complainant stands unrebutted; for which an adverse inference is to be drawn against them as there is no denial/rebuttal to averments/evidence of the Complainant.
Upon considering all the facts, circumstances and documents on record, this commission is of considerate view that since OP has provided domestic help service for three months but thereafter failed to provide the said service for the remaining period of the agreement
dated 03.12.2015, OP is held deficient in his services and directed to refund the proportionate amount out of Rs. 43,000/-, equivalent to Rs. 32,000/- and to pay compensation of Rs. 5000/- for causing mental harassment and agony to the complainant within a period of three months from the date of this order, failing which entire amount shall carry interest @6% p.a. till final realization of the actual amount by complainant. There is no order as to cost of the litigation. File be consigned to the record room after giving a copy of the order to the parties. Order be uploaded on the website. The order contains 4 pages in all bearing my signature on all pages.
(Dr. RAJENDER DHAR) (RASHMI BANSAL) (MONIKA SRIVASTAVA)
MEMBER MEMBER PRESIDENT
