DOF 02.02.2012
DOO.22.03.2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR
Present: Sri.K.Gopalan: President
Smt.M.D.Jessy : Member
Dated this, the 22nd day of March 2012
C.C.No.25/2012
P.Venugopalan,
N.G.O.Quarters,
No. E.31,
Civil Station P.O.
Kannur 2. Complainant
Proprietor,
Divine Home Nursing Service,
Commercial complex,
IVth floor, New Bus stand,
Thavakara, Kannur. Opposite party
O R D E R
Smt.M.D.Jessy, Member
This is a complaint filed under section 12 of the consumer protection Act for getting an order directing the opposite party to pay an amount of `6350 and `10,000 as compensation.
The facts of the complainant’s case is that in the month of December 2011 the complaint appointed a home nurse for looking after his mother’s sister by paying a monthly remuneration of `7000 in advance to the opposite party. Since the service rendered by the employee of the opposite party was satisfactory, the complainant again extended the service provided by the opposite party for the month of January 2012 also. For that complaint paid an advance amount of `7000 to the opposite party on 4.1.2012 and another home nurse was appointed by the opposite party at the house of the complainant for looking after his mother’s sister. But the said person discharged her duty only up to20.1.2012 and left the place without informing anybody else. Complainant then and there contacted with opposite party through telephone and asked to substitute another person. But there was no response from the side of opposite party. Hence complainant was forced to go to Kalliyad by hiring a car where his mother’s sister residing and compelled to appoint another servant for looking after his mother’s sister by paying excess salary of `10,000. This trouble was force to face by the complaint only due to lack of proper service on the part of opposite party. Hence complainant demanded for refund of the excess amount colleted by the opposite party together with car rent and an amount paid for appointing new home nurse. Complainant also demanding `10,000 as compensation for the defective service.
On getting the complaint forum sent notice to opposite party. The opposite party received the notice on 16.2.2012 but neglected to appear before the Form and not filed their version. Hence the opposite party was called absent and set exparte.
On the above pleadings the following issues were raised for consideration:
1. Whether there is any deficiency of service on the part of
opposite party in providing home nurse to complainant?
2. Whether the complainant is entitled to get compensation as
claimed?
3. Relief and cost.
The evidence consists of chief affidavit of the complainant and Ext.A1 and A2 marked.
Issue Nos. 1 & 2
For the sake of convenience issues are considered together. The case of the complaint is that opposite party is dealing with the business of supplying home nurse for needy person by obtaining advance monthly salary and registration charge. The complainant availed the service provided by the opposite party in the month of December 2011 by paying an advance salary and registration charge of `7000 to opposite party on 5.12.11 for looking after his mother’s sister. There was proper service on the part of opposite party in that period. Hence complainant again extended the service provided by opposite party for the month of January 2012 also and paid `7000 on 4.1.2012. Ext.A1 and A2 substantiate the contention of complainant on that aspect. Complainant alleged that the person deputed by opposite party for doing duty in the month of January 2012 to the house of complainant was worked only up to 20th of January and there after left the place without informing anybody. Even though the complainant informed the matter to the opposite party he had not taken any steps to depute another person for completing the tenure. Hence complainant was forced to come over to Kalliad and appoint another servant for looking after his mother’s sister by paying an excess salary of `10000 per month. Complainant also spent `1000 for car rent. Hence complaint demanding for return of `2350 the advance collected salary for 10 days and `3000 the excess amount paid to the newly appointed servant. Complainant also demanding `10,000 as compensation for the defective services rendered by opposite party.
Ext.A2 goes to show that complainant paid advance salary of `7000 to opposite party for giving patient care. Complaint alleges that the person deputed by opposite party had done his duty only up to 20th of January 2010 and there after he left the place without assigning any reason. Even after receipt of notice opposite party not cared to deny the allegation and appear before the Forum. Since one monthly salary received in advance opposite party has the duty to provide the service through out the month. The failure on the art of opposite party in deputing another person for completing tenure of work definitely caused deficiency of service. Hence opposite party is liable to refund `2350 being the proportionate amount of salary for 10 days for which opposite party had not rendered service to complainant. No evidence is adduced by complainant to substantiate the loss sustained by him due to the failure of service on the apart of opposite party. No receipts are provided to prove that complainant paid `1000 as car rent and appoint another servant by paying `10,000 per month. In these types of job humanitarian consideration is also to be taken into account. There may be reasons for the employee deputed by the opposite party for not perform her duty after some days. The demand to get `10,000 as compensation is not sustainable. Hence opposite party is liable to refund `2350 to the complainant. Complainant is also entitled to get `500 as cost of the proceedings. The issues are answered accordingly.
In the result, complaint is allowed directing the opposite party to pay `2350 (Rupees Two thousand Three Hundred and Fifty only) together with `500 (Rupees Five hundred only) as the cost of the proceedings to the complainant within one month from the date of receipt of this order, failing which the complainant is allowed to execute the order against the opposite party as per the provisions of consumer protection Act.
Sd/- Sd/-
President Member
APPENDIX
Exhibits for the complainant
A1& A2.Receipts issued by OP
Exhibits for the opposite party: Nil
Witness examined for either side: Nil
/forwarded by order/
Senior Superintendent
Consumer Disputes Redressal Forum, Kannur
