BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM VAZHUTHACAUD : THIRUVANANTHAPURAM PRESENT:
SHRI. G. SIVAPRASAD : PRESIDENT SMT. BEENA KUMARI. A : MEMBER SMT. S.K. SREELA : MEMBER C.C. No. 222/2009
Dated: 15..01..2010
Complainant:
K.V. Das, 12B, SFS Vasantham, Survey School Road, Ambalamukku, Thiruvananthapuram – 695 005.
Opposite parties:
P.C. Jose, Proprietor, Karunya Charitable Society, Reg.No.K.162/2002, H.O. Pallom Buildings, Ettumanoor, Kottayam Marykkutty Mathew, Branch Manager, Karunya Charitable Society, Veliyam Branch, Veliyam, Kottarakkara. Molly, Home Nurse, Madanikkunnel, Inghiyani, Thodupuzha.
This O.P having been heard on 04..01..2010, the Forum on 15..01..2010 delivered the following:
ORDER
SMT. S.K. SREELA, MEMBER:
The grievance of the complainant as narrated in the complaint is as follows: The complainant who is a Senior Citizen availed the service provided by the opposite parties, but the opposite parties were deficient in their service and hence this complaint has been necessitated. Complainant's wife who is totally bedridden needed assistance for each and everything and hence the complainant contacted the opposite parties for a maid who is willing to stay with them continuously at least for a period of 6 – 7 months since agencies located in Thiruvananthapuram supply ladies from Thiruvananthapuram or nearby places and avail leave every month. Accordingly the 2nd opposite party along with a maid who was overweight and who moved with difficulty reached complainant's apartment on 26/5/2009. Complainant expressed his doubt whether she will be able to carry out the job for which the 2nd opposite party assured that the said maid Molly will be replaced with a suitable person by next Monday ie., 1/6/2009. Complainant agreed to the same as he had no choice. 2nd opposite party left after collecting Rs. 5,750/- from the complainant. But the said Molly wanted to go home urgently on 28/5/2009 and though the complainant asked her how she can go without a replacement, she was adament. She had no money for bus fare and the complainant paid Rs.100/- and she left. The matter was informed to the 2nd opposite party and the complainant was told that she will try to get a replacement at the earliest. Fortunately on the same day evening the complainant got a lady from a nearby agency and so the complainant informed the same to the 2nd opposite party and 2nd opposite party agreed to refund the amount. Evenafter repeated demands they have not refunded the amount. Hence the complainant has approached this Forum.
2. Opposite parties have not filed their versions. But on 27/10/2009, the 2nd opposite party appeared before the Forum and was willing for a settlement. The 2nd opposite party refunded an amount of Rs.6,100/- to the complainant. Though the complainant accepted the same he sought for compensation also. 2nd opposite party agreed for the same and prayed for some time. But after that, opposite parties never appeared before the Forum or file their version or settle the matter as agreed. Hence opposite parties were set ex-parte.
3. Complainant has filed his affidavit in support of his claim. Complainant has not been cross examined and hence what all stated in the affidavit stands uncontroverted. Complainant has pleaded that the 2nd opposite party had come to the apartment of the complainant, which is within the jurisdiction of this Forum, along with the maid. Here since part of the cause of action having been arisen within the jurisdiction of this Forum, we find that the complaint is entertainable before us. It is evident that, complainant who is a Senior Citizen has been forced to approach this Forum due to the deficiency in service on the part of the opposite parties. The agony of such persons could be understood only if one puts himself in the place of the complainant. The complainant has to be compensated for the sufferings he had to undergo and hence we find that the complainant is entitled for a compensation of Rs. 1,500/- for the inconvenience caused to him due to the deficiency in service on the part of the opposite parties along with a cost of Rs.500/-.
In the result, complaint is allowed. Opposite parties shall pay an amount of Rs.1,500/- along with a cost of Rs. 500/- to the complainant within a period of one month from the date of receipt of the order, failing which the entire amount shall carry interest @ 12% till realization.
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.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, on this the 15th day of January, 2010. S.K. SREELA MEMBER.
G. SIVAPRASAD, PRESIDENT.
BEENA KUMARI.A, MEMBER.
ad.
C.C.No. 222/2009
APPENDIX
I. Complainant's witness : NIL
II. Complainant's documents:
P1 : Affidavit of the complainant
III. Opposite parties' witness: NIL
IV. Opposite parties' documents: NIL.
PRESIDENT
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