Tamil Nadu

South Chennai

CC/155/2017

Dr.C.T.Muthukumaran - Complainant(s)

Versus

M/s.Sri Bhagavan Services - Opp.Party(s)

K.Balaji & K.R.Neelambar

03 Apr 2019

ORDER

                                                                        Date of Filing  : 12.04.2017

                                                                          Date of Order : 03.04.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

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

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.155/2017

DATED THIS WEDNESDAY THE 03^RD DAY OF APRIL 2019

                                 

1. Dr. CT. Muthukumaran,

S/o. Mr. Chidambaram,

 

2. Mrs. J. Celine Prema,

W/o. Dr. CT. Muthukumaran,

Both residing at:-

No.364, Nethaji Nagar Extension,

Vengikkal,

Thiruvannamalai.                                                          .. Complainants.                                              

 

                                                                                         ..Versus..

 

1. M/s. Sri Bhagavan Services,

No.7/4, 7^th Street,

Dasarathapuram,

Saligramam,

Chennai – 600 093.  

 

2. Ms. R. Shyamla,

Proprietrix,

M/s. Sri Bhagavan Services,

No.7/4, 7^th street,

Dasarathapuram,

Saligramam,

Chennai – 600 093.                                               ..  Opposite parties.

          

Counsel for the complainants    :  M/s. K. Balaji & another

Opposite parties 1 & 2               :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainants against the opposite parties under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.14,000/- paid towards the advance amount for the supply of manpower servant maid, to refund a sum of Rs.1,000/- towards registration and to pay a sum of Rs.3,00,000/- towards compensation for negligence, deficiency in service and mental agony with cost.

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

The complainants submit that the 1^st complainant is a Doctor and the 2^nd complainant is his wife.  The opposite parties are doing the business of manpower services.  The complainants approached the opposite parties during the month of June 2016 and requested to provide a servant maid to stay in their house and to look after their children.  The opposite parties also agreed for the same and entered into an agreement dated:29.06.2016.  The complainants submit that as per the agreement, the opposite parties shall supply a servant maid for 6 months i.e. from 29.06.2016 to 29.12.2016.  The complainants paid a sum of Rs.14,000/- towards advance and another sum of Rs.1,000/- towards registration fees.  The complainants submit that on 25.08.2016, the said servant maid has informed the complainant that she had some personal problems and she wanted to quit the job and has not turned up to attend the work.  Immediately, the complainants contacted the opposite parties.  The opposite parties also assured that they will send another servant maid immediately but till date the opposite parties had not send any servant maid.  The agreement was expired on 29.12.2016.  The complainants submit that after entering into an agreement and receiving an advance amount of Rs.14,000/- and not provided proper servant maid caused great mental agony.  Hence, the complainants issued legal notice dated:03.01.2017 for which, the  opposite parties has not sent any reply.  The act of the opposite parties amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.     In spite of receipt of notice the opposite parties 1 & 2 has not appeared before this Forum and therefore, the opposite parties 1 & 2 were set Exparte.  

3.     Though the opposite parties 1 & 2 remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainants as their evidence, and also documents Ex.A1 &  Ex.A2  are marked.     

5.      The points for consideration is:-

1. Whether the complainants are entitled to get refund of a sum of Rs.14,000/- paid by way of advance and another sum of Rs.1,000/- paid towards registration charges as prayed for?
2. Whether the complainants are entitled to a sum of Rs.3,00,000/- towards compensation for negligence, deficiency in service, mental agony etc with cost as prayed for?

6.      On point:-

The opposite parties 1 & 2 remained exparte. The complainants filed their written arguments.  Heard the complainants’ Counsel also.  Perused the records namely; the complaint, proof affidavit and documents of the complainants.  The complainants pleaded and contended that the 1^st complainant is a Doctor and the 2^nd complainant is his wife.  The opposite parties are doing the business of manpower services.  The complainants approached the opposite parties during the month of June 2016 and requested to provide a servant maid to stay in their house and to look after their children.  The opposite parties also agreed for the same and entered into an agreement dated:29.06.2016 as per Ex.A1.  Further the contention of the complainants is that as per the agreement, the opposite parties shall supply a servant maid for 6 months i.e. from 29.06.2016 to 29.12.2016.  The complainants paid a sum of Rs.14,000/- towards advance and another sum of Rs.1,000/- towards registration fees.  But the complainants has not produced any record to prove the same except the endorsement made in the agreement.    But on a careful perusal of the Ex.A1, Clause 6, which reads as follows:

6. “The SBS Management advice the employer not to pay any advance amount to the employee, if paid, SBS Management is not responsible.

Employer has undertaken to pay the initial 3 months salary to the Management, payable to the employee in order to maintain good mutual relationship among us”.

The complainants has not pleaded and proved that they have paid 3 months salary as advance and monthly salary to the servant maid. 

7.     Further the contention of the complainants is that on 25.08.2016, the said servant maid has informed the complainant that she had some personal problems and she wanted to quit the job and has not turned up to attend the work. Immediately, the complainants contacted the opposite parties.  The opposite parties also has not send any servant maid.  The agreement also expired on 29.12.2016.  Further the contention of the complainants is that after entering into an agreement and receiving an advance amount of Rs.14,000/- and not provided proper servant maid amounts to deficiency in service which caused great damage, hardship and mental agony.  Hence, the complainants issued legal notice dated:03.01.2017 as per Ex.A2 for which, the  opposite parties has not sent any reply.  Hence, the complainants filed this complaint for refund of the advance amount with compensation.  But on a careful perusal of records, it is very clear that the complainant has not complied the clause 6 of the agreement.  Further, it is very clear that the complainants has to pay three months salary as advance.  But it is admitted himself by the complainant in the complaint that he has paid one month salary as advance.  Further, it is very clear from clause 6 that the salary of the servant shall not be paid directly.  In this case, there is no iota of evidence to prove from the complainants side that he has paid 2 months salary either to the servant or to the opposite parties.  The law is well settled that defaulter cannot make any consumer complaint.  Considering the facts and circumstances of the case, this Forum is of the considered view that this case has to be dismissed.

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

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 03^rd day of April 2019. 

 

MEMBER                                                                  PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	29.06.2016	Copy of Agreement Letter
Ex.A2	03.01.2017	Copy of legal notice sent on behalf of the complainant to the opposite parties

 

 

 

MEMBER                                                                  PRESIDENT