Kerala

Trissur

CC/07/999

M.C.Balakrishnan - Complainant(s)

Versus

Proprietor - Opp.Party(s)

A.D.Benny

03 Apr 2008

ORDER


CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. CC/07/999

M.C.Balakrishnan
...........Appellant(s)

Vs.

Proprietor
...........Respondent(s)


BEFORE:
1. Padmini Sudheesh 2. Rajani P.S.

Complainant(s)/Appellant(s):
1. M.C.Balakrishnan

OppositeParty/Respondent(s):
1. Proprietor

OppositeParty/Respondent(s):
1. A.D.Benny

OppositeParty/Respondent(s):




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ORDER

By Smt.Padmini Sudheesh, President Petitioner’s case is as follows: The petitioner approached the respondent for a home servant and as a remuneration Rs.3240/-paid to the respondent. The petitioner also paid Rs.3000/- towards the last salary of the servant. As per that the respondent appointed one Yasoda, 218A, Vadakeparambil, Payyannur, Kannur as the servant of the petitioner. As per Ext.P5 he had contacted with the respondent. But the servant Yasoda after writing a letter (Ext.P7) to the petitioner left the place, stating that due to unhealthy condition she could not work and also allege that salary is not received from the respondent. She also bought Rs.1000/- from the petitioner. The petitioner intimated all the facts to the respondent. In spite of all these, the respondent did not arrange another servant to the petitioner. The money received is also not returned.. Hence the petition 2. In this case on 26/5/07 petitioner sent lawyer notice to the respondent stating all the facts. On 30/5/07 the respondent received the notice and the AD card is marked as Ext.P2. No reply is sent by the respondent.. He never tried to settle the matter. 3. The petitioner approached the Forum on 26/11/07 and notice was ordered. On 3/12/07 notice is received by the respondent. On 18/1/08, when the case was called, he was absent and declared exparte. He is willfully avoided the orders of the Forum. 4. To prove the case of the petitioner he has filed Affidavit and 8 documents. The documents are marked as Exts. P1 to P8. We perused the documents and heard the Counsel. There is deficiency of service on the part of the respondent. The respondent has committed serious unfair trade practice also. 5. According to the petitioner he is entitled to get Rs.6240/- and compensation and costs. There is no counter evidence to the evidence of petitioner. So the petition is allowed and the respondent is directed to return the petitioner the sum of Rs.6240/- (Rupees six thousand two hundred and forty only). He is also entitled for Rs.2000/- (Rupees Two thousand only) as compensation for mental agony and Rs.250/- (Rupees Two hundred and fifty only) towards the costs. The respondent is also directed to comply the order within one month. Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 3rd day of April 2008.




......................Padmini Sudheesh
......................Rajani P.S.