Delhi

East Delhi

CC/954/2015

TAPASH BOSE - Complainant(s)

Versus

SANDEEP PLACEMENT - Opp.Party(s)

20 Apr 2017

ORDER

                 DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, EAST, Govt of NCT Delhi

                  CONVENIENT SHOPPING CENTRE, 1^st FLOOR, SAINI ENCLAVE, DELHI 110092                                  

                                                                                                  Consumer complaint no.         954 /2015

                                                                                                  Date of Institution                  18/12/2015

                                                                                                  Order Reserved on                 20/04/2017

                                                                                                  Date of Order                          21/04/2017  

                                                                                                        

In matter of

Mr. Tapash Bose, adult   

R/o  616, Imperial Block,  

Supertech Estate, Vaishali Sec. 9,

Ghaziabad, UP 201010……………………………………………………...Complainant

                                                                  

                                                                     Vs

 

M/s  Sandeep Placement

through Mr Sandeep Kumar     

HN 201, Gali no. 1, Matawali Gali

Nr Primary School, Mandawali, Delhi 110092…………………….Opponent

 

 

Quorum                                                                  Sh Sukhdev Singh      President

                                                                                 Dr P N Tiwari               Member

                                                                                 Mrs Harpreet Kaur    Member                                                                                                    

                                                                                 

Order by Dr P N Tiwari, Member 

Brief Facts of the case                                   

Complainant, Mr Tapash Bose, senior citizen suffering from kidney ailment had engaged maid servant through Mr Sandeep Kumar who was running his placement services for house hold work at Mandawali, Delhi as OP through a Tripartite agreement done between OP and complainant with certain terms and conditions acceptable to both the parties on 18/08/2015. This agreement was for eleven months annexed as Ex CW1/1.

The complainant paid a sum of Rs 28,000/- as advanced money with last one month salary for maid Rs 10,000/- vide receipt no. 073 dated 18/08/2015 as marked Ex CW1/2.

The complainant had to go for Kidney transplantation in Delhi, so was in urgent need of a maid servant. The maid started her household work from the month of Sept, 2015 and was paid her monthly salary of Rs 10,000/- as per agreement. At the end of one month work at the residence of complainant, maid left the work and did not come back, so complainant immediately informed OP. Despite of informing telephonically, complainant who was not in good health, went number of times at the office of OP, but except assurance, neither OP provided another maid servant nor refunded the balanced amount to the complainant. Aggrieved by the attitude of OP, complainant lodged police complaint at Vaishali, Ghaziabad and East Delhi DCP also. OP was called by the police where he promised to refund the amount within few days through cheque, but complainant was not satisfied by the attitude of OP, so told him to give him balanced amount through demand draft which he did not do so. In the mean time, the complainant and his wife were admitted for kidney transplantation as his wife was self kidney donor. After their discharge from the hospital, complainant again called the OP for refunding his balanced amount through demand draft which neither refunded nor provided another maid servant.

The complainant sent a legal notice on 31/10/2015, he filed this complaint for refunding of his amount Rs 31,105/- with 12% interest with compensation of Rs 10,000/- for harassment and Rs 7000/- for litigation charges.  

Notice was served, but OP neither appeared nor submitted his written statement. Ample opportunities were given, but OP failed to honor the notice of this Forum, soothe case preceded ex-parte. Complainant submitted his ex-parte evidence on affidavit where he affirmed all the facts and evidence as correct and true. The evidences wee on record and cont controverted.  

Arguments were heard from the complainant as OP did not appear for the date of arguments, so order was reserved.  

We have gone through all the facts and evidence of case. It was evident that complainant had paid the amount and was received by OP as per the tripartite agreement. OP neither filed any written reply nor submitted his facts, so evidences of complainant which were on affidavit, were considered.

We are of the opinion that complainant has succeeded in his case by proving deficiency in services of OP, so we allow this complaint and pass the order as –

 

 

1. OP shall refund a sum of Rs 31,105/- with 9% interest through demand draft from the date of filing of this complaint within 30 days from receiving of this order.
2. We also award compensation of Rs 10,000/- for physical and mental harassment to the complainant along with Rs 5000/- as litigation charges.
3. If awarded amount is not complied within stipulated time, the complainant shall be entitled to recover entire amount with same interest till realized.

 

The copy of this order be sent to the parties as per rules and file be consigned to the Record Room.

 

(Dr) P N Tiwari, Member                                                                      Mrs Harpreet Kaur Member                                                                         

                                                

                                            Shri Sukhdev Singh  President