Tamil Nadu

South Chennai

CC/416/2016

T.D.Vasu - Complainant(s)

Versus

M/s.Maha Home Service - Opp.Party(s)

S.Muthu Kumar, A.Rajaguru

31 Aug 2017

ORDER

                                                                        Date of Filing :   07.12.2016

                                                                        Date of Order :   31.08.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.416/2016

THURSDAY THIS  31^ST  DAY OF AUGUST 2017

 

T.D. Vasu,

S/o. T.N. Dorairaj,  

No.235-A, (114) R.K. Mutt Road,

Mandaiveli, Chennai 600 028.                              .. Complainant

 

                                        ..Vs..

 

The Maha Home Services,

Rep. by its Proprietorix,

No.14/34, Damodaran Street,

T.Nagar, Chennai 600 017.                         .. Opposite party.

 

 

Counsel for Complainant            :    M/s. S.Muthukumar & others  

Counsel for opposite party         :    Exparte.  

ORDER

THIRU. M. MONY, PRESIDENT

          This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.5500/- with interest and also to pay a sum of Rs.1,00,000/- towards  mental agony and hardship and to pay cost of the complaint.

 

 1. The averment of the complaint in brief are as follows:

         The complainant submit that the complainant’s mother was admitted in the Apollo Hospital on 15.12.2014 on the ground that no further treatment requires for improving the condition of the patient.   Further the Doctors advised that the patient may be treated at her residence till she breathed her last.   The complainant also state that he contacted the opposite party and requested to provide an attendant to take care of his mother; as required by the opposite party for such service the complainant paid a sum of Rs.5,500/- towards service charges.  For due attendant to a care taker the complainant has to pay  a sum of Rs.10,000/- per month.  The complainant readily agreed and paid the service charges.   The opposite party also provided an attendant.  The attendant Durga came to the complainant’s house and stated that she wanted to go on leave for one or two days.   Thereafter she has not turned up the matter was informed to the opposite party.   The opposite party also has not taken any steps to provide suitable attendant even after the receipt of the sum of Rs.5,500/- as service charges.   Accordingly the complainant was constrained to issue legal notice to the opposite party on 18.11.2016 but the opposite party did not sent any reply nor given any response.    As such the act of the opposite party clearly amounts to gross deficiency in service which caused mental agony  and hardship to the complainant.  Hence the complaint is filed.

2.     Inspite of receipt of notice the opposite party  did not appear before this forum and therefore he was set exparte.  

3.     Though the  opposite party remained exparte this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

4.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to  Ex.A3  are marked. 

5.     The points for the consideration is:  

1.  

 

2.  

 

6. -

The learned counsel for the complainant contended that the complainant’s mother was admitted in the Apollo Hospital on 15.12.2014.According to the opposite party since no further treatment requires for improving the condition of the patient, the Doctors advised that the patient may be treated at her residence till she breathed her last.The complainant contacted the opposite party and requested to provide an attendant to take care of his mother; as required by the opposite party for such service the complainant paid a sum of Rs.5,500/- towards service charges.For due attendant as a care taker; the complainant has to paya sum of Rs.10,000/- per month.The complainant readily agreed and paid the service charges. The opposite party also provided an attendant.The attendant Durga came to the complainant’s house and stated that she wanted to go on leave for one or two days.Thereafter she has not turned up.The matter was informed to the opposite party.The opposite party also has not taken any steps to provide suitable attendant even after the receipt of the agreed sum of Rs.5,500/- as service charges.Hence the complainant was constrained to issue legal notice Ex.A2.Since the opposite party; has not responded the complainant, this complaint is filed for claiming a sum of Rs.5,500/- as service charges with interest and compensation of Rs.1,00,000/-. But the complainant has not pleaded and proved the quantum of mental agony. Considering the facts and circumstances of the case this forum is of the considered view that the opposite party is directed to pay a sum of Rs.5,500/- towards service charges and paycompensation of Rs.5,000/- for mental agony and cost of Rs.5000/- and points are answered accordingly.

        In the result, the complaint is allowed in part.The opposite party is directed to pay a sum of Rs.5,500/- (Rupees Five thousand and five hundred only) towards service charges and paycompensation of Rs.5,000/- (Rupees Five thousand only)and cost of Rs.5000/- (Rupees Five thousand only) to the complainant.

The above amounts shall be payable within six weeks from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

  Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  31^st   day  of  August  2017. 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1- 15.12.2014     - Copy of receipt issued by opposite party.

Ex.A2- 18.11.2016     - Copy of legal notice.

Ex.A3-       -                - Returned cover. 

Opposite party’s side document: -  

.. Nil..

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.