BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> VAZHUTHACAUD : THIRUVANANTHAPURAM<br /> PRESENT:<br /> <br /> SHRI. G. SIVAPRASAD : PRESIDENT<br /> SMT. BEENA KUMARI. A : MEMBER<br /> SMT. S.K. SREELA : MEMBER<br /> <br /> C.C.No: 89/2007 Filed on 26..03..2007<br /> Dated : 30..09.2008<br /> <br /> Complainant:<br /> <br /> Subhash.S., Gallery, Poundukadavu, Valiyaveli-P.O., Thiruvananthapuram – 695 021.<br /> <br /> Opposite party:<br /> <br /> Nija.J, Udayagiri, Placement Service, Reg.No.T 2480/02, Pongummoodu, Medical College – P.O., Thiruvananthapuram – 695 011.<br /> <br /> This O.P having been heard on 05.09..2008, the Forum on 30..09..2008 delivered the following:<br /> <br /> ORDER<br /> <br /> SMT. BEENA KUMARI. A., MEMBER:<br /> <br /> The complainant approached the opposite party for the service of a Home Nurse to look after his aged mother and he paid Rs.100/- as registration fee and Rs.1,600/- as advance of service charge for one year on 06..01..2005. The opposite party deputed a home servant to the complainant's house for a monthly salary of Rs.1,600/- from 25..06..2005 onwards instead of house servant he has taken the service of a home nurse. On 06..01..2006 he renewed the service of the home nurse for a further period of one year and paid Rs.1,600/- to that effect. And on 07..01..2007 again he paid Rs.1,600/- to the opposite party and renewed the service. But on 04..02..2007 the mother of the complainant died and so he returned the home nurse to the opposite party on 10..02..2007 and he demanded the repayment of balance advance of service charge which has been paid by him. But the opposite party refused to refund it. The complainant states that the same home nurse has continuously looked after his mother from 25..06..2005 to 04..02..2007 and the opposite party charged service charge for each and every year in addition to the salary. The complainant several times approached the opposite party to get back the advance service charge amount as he has not availed the service for that amount, since his mother was dead and he needed no further service. But the opposite party was not ready to refund the amount. At last on 13..02..2007 he sent a notice to the opposite party with the advice of the Human Rights Protection Council. But the notice returned with the endorsement 'Not known'. Hence the complainant approached this Forum for his grievances.<br /> 2. The notice sent by the Forum to the opposite party returned with, the endorsement intimation given. Hence this Forum made the opposite party as ex-parte.<br /> <br /> 3. The points to be ascertained are:<br /> <br /> (i)Whether there is unfair trade practice or deficiency in service on the part of opposite party?<br /> <br /> (ii)Whether the complainant is entitled to get the reliefs and costs?<br /> <br /> 4. Points (i) & (ii): The complainant in this complaint has filed affidavit in lieu of evidence and has been examined as PW1 and he has produced 4 documents which were marked as Exts.P1 to P4. Ext.P1 series are the receipts issued by the opposite party to the complainant for the payment of service charge for 06..01..2005, 06..01..2006 & 07..01..2007, Ext.P2 is the visiting card of opposite party. Ext.P3 & P4 are the returned notice sent by the complainant to the opposite party.<br /> <br /> 5. Through these documents the complainant has proved his case against the opposite party. The Ext.P1 receipts are the clear evidence that the opposite party had received Rs.1,600/- for every month as advance service charge. In this case the complainant had paid Rs.1,600/- on 07..01..2007 as advance service charge for that year. But his mother died on 04..02..2007. Thereafter he had no need of the service of the opposite party. Hence the opposite party is liable to refund Rs.1,440/- to the complainant for the remaining 11 months advance. Hence the complaint is allowed and this Forum finds that there is unfair trade practice from the side of the opposite party.<br /> In the result the opposite party is directed to pay Rs.1,440/- (Rupees One thousand four hundred and forty only)to the complainant along with 12% interest from 10..02..2007 till the realization of the amount and opposite party shall also pay Rs.1,000/- (Rupees One thousand only) as cost of the proceedings. Time for compliance one month.<br /> <br /> A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.<br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 30th day of September, 2008.<br /> . <br /> BEENA KUMARI. A, MEMBER.<br /> <br /> <br /> G. SIVAPRASAD, PRESIDENT.<br /> <br /> <br /> S.K.SREELA,<br /> MEMBER.<br /> <br /> <br /> ad.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> C.C.No.89/2007<br /> APPENDIX<br /> I.Complainant's witness:<br /> PW1 : Subhash. S<br /> II.Complainant's documents:<br /> P1(3 Nos)<br /> (1): Photocopy of receipt No.43 dated 06..01..2005<br /> (2): Photocopy of receipt No.733 dated 06..01..2006<br /> (3): Photocopy of receipt No.080 dated 07..01..2007<br /> <br /> P2 : Photocopy of visiting card of opposite party<br /> <br /> P3 : Returned registered letter dated 13..02..2007 issued to the opposite party by the complainant.<br /> P4 : Returned registered letter dated 01/05/07 issued to the opp. Party by the complainant.<br /> III.Opposite party's witness: NIL<br /> IV.Opposite parties documents: NIL<br /> <br /> <br /> PRESIDENT.<br />