BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.168/2017

DATED ON THIS THE 13^th October 2017

Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT  

    2) Smt. M.V.Bharathi                   

                                   B.Sc., LLB., -  MEMBER

    3) Sri. Devakumar.M.C.                

                                            B.E., LLB., PGDCLP,    - MEMBER

Sri M.C.DEVAKUMAR,

Member

1.     The complainant has filed the complaint under section 12 of the C.P.Act 1986, against the opposite party alleging deficiency in service and seeking a direction to pay Rs.37,000/- received on 07.11.2016 and a compensation of Rs.25,000/- for the deficiency in service and Rs.20,000/- towards the mental agony caused and cost of the litigation of Rs.5,000/- with such other reliefs.
2.    The complainant intending to avail nursing assistance for his ailing mother, from opposite party concern, entered into an agreement on 07.11.2016, and deposited Rs.36,000/- towards two months service charges and Rs.1,000/- towards registration charges.  The opposite party agreed to provide the services from 08.11.2016.  Despite of repeated demands, the opposite party failed to provide nursing services.  The complainant intimating the death of his mother demanded for refund of the amount deposited for the services.  The opposite party issued the cheques each for a sum of Rs.18,000/-.  Both the cheques got dishonoured and returned with an endorsement “funds insufficient”, by the bank.  A legal notice was caused on 14.03.2017, calling upon to pay the amount deposited, but the same were returned unserved.  Aggrieved by the same, the complainant suffered mental agony and the complaint is filed seeking reliefs.
3.     The opposite party refused to receive the notice of this Forum, hence held service as sufficient and placed opposite party as exparte.
4.     To prove the facts, the complainant filed affidavit evidence and relied on several documents.  Heard the oral submissions of the complainant counsel and matter posted for orders.
5.      The points arose for our consideration are:-

1. Whether the complainant establishes the deficiency in service on the part of opposite party, in not providing nursing assistance to his mother, despite of executing an agreement and receipt of Rs.36,000/- towards two months services and thereby he is entitled for the relief sought?
2. To What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- The complainant sought home nursing services for his mother from opposite party.  An agreement was executed on 07.11.2016 and deposited a total sum of Rs.36,000/- towards the services and Rs.1,000/- towards registration charges.  The receipt of amount was acknowledged by opposite party vide receipt No.175 on 07.11.2016.
8.    The opposite party agreed to provide services from 08.11.2016.  But, the opposite party failed to provide nursing services to the complainant.  Thereby, the opposite party committed deficiency in service.
9.   Unfortunately the complainant’s mother deceased on 11.11.2016 and facts was communicated to opposite party on 14.11.2016 and requested for cancellation of services and to refund the amount deposited, towards providing nursing services.
10. The opposite party vide letter dated 17.01.2017, terminated the home nursing care agreement and refunded the amount deposited vide cheques bearing No.588349 and 588350 each for a sum of Rs.18,000/- dated 04.02.2017 and 12.02.2017 respectively.
11. On presentation of the said cheques for realization, the same were dishonoured for the reason “Funds insufficient”.  As such, the opposite party caused mental agony to the complainant.  Thereby, the complaint alleged deficiency in service and sought for the reliefs against opposite party.
12. On perusal of the averments in the complaint, and the documents relied on by the complainant, clearly established that, an agreement was entered into between the parties and a sum of Rs.36,000/- was deposited by complainant towards availing home nursing services in favour of his mother.  The complainant further established that, the opposite party on failure to provide the home nursing services terminated the agreement and issued two cheques each of Rs.18,000/-  towards refund of the service charges received by him.  Further, the complainant also established that, the said cheques presented for realization have been dishonoured.  Thereby, the complainant established that, the opposite party committed deficiency in service and caused mental agony.  As such, we opine the opposite party is liable to refund Rs.36,000/- and to pay compensation for the loss suffered by the complainant suitably.  Accordingly, point No.1 is answered partly in the affirmative.
13. Point No.2:- In view of the observations made in point No.1 above, we proceed to pass the following

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party is hereby directed to pay Rs.36,000/- received from the complainant towards providing home-nursing services, with interest at 12% p.a. from the date of receipt of the same i.e. 07.11.2016 to till date, to the complainant, within 30 days of this order.  Failing to comply, the opposite party is liable to pay penalty of Rs.100/- per day until compliance.
3. The opposite party is directed to pay compensation of Rs.5,000/- towards deficiency in service and Rs.3,000/- towards the mental agony caused and Rs.2,000/- towards cost of the litigation, to the complainant, within 30 days of this order.  Failing to pay, the opposite party is liable to pay interest at 12% p.a. on the said total sum of Rs.10,000/-, until payment made.
4. In case of default to comply this order, the opposite party to undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 13^th October 2017)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT     

(M.V.BHARATHI)                           (DEVAKUMAR.M.C.)

      MEMBER                                         MEMBER