DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 11th day of November, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member
Date of Filing: 21.10.2021
CC/173/2021
Cherian,
S/o. George,
Madhavapallil, Cheenikadavu,
Pulappatta,Palakkad.
(By Adv.S Sidharathan) - Complainant
Vs
Sanjay,
Prop:Aparna Home Nursing,
House No.51, Souparnika,
Chinmaya Nagar, Pallipuram (PO),
Melamuri, Palakkad-678 005. - Opposite party
( Ex-party )
O R D E R
By Smt.Vidya A., Member
Pleadings of the complainant in brief.
- The complainant is a retired Headmaster and he is residing with his aged mother. Complainant’s mother is 88 years old and almost bed-ridden and has to depend on others for her daily activities. Complainant’s wife and daughter are residing in separate house and he needed the service of a home nurse to look after her mother.
Seeing the opposite party’s advertisement that they are engaged in providing services such as Home nurse, delivery care, baby care, old age care etc, the complainant approached them for home nurse service for his aged mother
The complainant visited the opposite party’s office and they agreed to provide service of a Home nurse named Meenakshi. The opposite party charged Rs.16,500/- towards the service of patient care for a period of one month and another Rs.2000/- as their service charge and issued separate receipts for the payments on 16.01.2021.
Later, the complainant understood that the lady deputed by the opposite party had no experience in looking after old age people and her service was below basic standards. Complainant suffered much difficulty and inconveniences due to this. On 01.02.2021, the Home nurse left the complainant’s home without any reason and without intimating them. This caused much difficulty to the complainant and his wife who are employed and they had to abstain from their work for looking after his mother.
The complainant intimated this matter to the opposite party immediately and they promised to provide the service of another home nurse. But they did not provide service as promised and the complainant and his family had to face great hardship and agony due to this. The opposite party after receiving one month service charge in advance provided service only for 14 days ie from 17.01.2021 to 01.02.2021. They did not care for the complainant’s request to provide alternative arrangements or to return the amount collected in advance. The conduct of the opposite party amounts to Deficiency in service and Unfair Trade practice. The opposite party is liable to return the excess amount of Rs.10250/- collected by them and to compensate the complainant for the mental agony and hard ships suffered by him.
The complainant had caused issuance of Lawyer notice to the opposite party on 30.06.2021 for which they sent a reply raising false allegations. The contents in the reply notices are false and raised only to escape from legal liability.
So this complaint is filed for directing the opposite party to
(i) Return the excess amount of Rs.10,250/- collected by them to the complainant with interest at 12% till realization.
(ii) Directing the opposite party to pay an amount of Rs. 1 lakh as compensation for the mental agony and inconveniences suffered by the complainant.
(iii) to pay the cost of this complaint and such other reliefs as the Commission finds fit and proper to grant.
- After admitting complaint, notice was issued to the opposite party. Even after the receipt of notice, the opposite party did not appear before the Commission and they were set ex-parte.
- The complainant filed proof affidavit in evidence and Ext A1 to A4 marked from his side and evidence closed. Complainant filed notes of arguments and heard.
- The main points arising for consideration are
1. Whether there is any Deficiency in service/Unfair Trade Practice on the part of the opposite party?
2. Whether the complainant is entitled to the reliefs claimed?
3. Reliefs, as to cost and compensation.
- Point No.1
The complaint averment is that the complainant approached the opposite party who is engaged in providing home nursing and other ancillary services to have home nurse service for his aged mother. The opposite party agreed and undertook to provide the service of a Home nurse by name Meenakshi. They received an amount of Rs.16,500/- towards the service of patient care for one month and Rs.2000/- towards their service charge and issued separate receipts for it.
The complainant produced the receipt dated 16.01.2021 issued for the payment towards the service of home nurse which is marked as Ext A1 and Ext A2 dated 16.01.2021 shows the payment of Rs.2000/- towards service charge.
- As per their agreement, the opposite party deputed the home nurse for looking after complainant’s mother. As per the complaint, later on the complainant understood that the home nurse appointed by the opposite party has no experience in the field of home nursing and looking after old age people and this caused much hardship and inconveniences to the complainant. On 01.02.2021, the home nurse left the complainant’s home without intimating them. This caused much difficulty and the complainant and his wife who were employed had to abstain from their work inorder to take care of his mother. The leaving of the home nurse without any reason and all of a sudden without any intimation caused great difficulty and mental agony to them.
- The complainant contacted the opposite party on the same day itself and intimated them about what had happened. They promised to provide the service of another home nurse immediately. But in contrary to their promise, they did not provide an alternate service.
- The complainant contacted the opposite party to provide alternative arrangement or to refund the amount collected in advance. But they did not care to do anything.
- The complainant had caused issuance of Lawyer notice to the opposite party. The complainant produced the copy of the Lawyer notice dated 28.06.2021, A/D card and postal receipt which is marked as Ext.A3.
- The opposite party sent a reply dated 12.07.2021 to the complainant’s counsel denying all the allegations in the complaint. In the reply notice they admitted the payment made by the complainant and appointment of home nurse.
Even though they countered the contentions of the complainant in the reply notice, the opposite party did not appear before the Commission on receipt of the notice. They failed to file their version and were set ex parte. Since the opposite party remained ex parte, the evidence adduced by the complainant stands unchallenged.
11. So it is apparent that the home nurse appointed by the opposite party left the complainant’s home after 14 days without intimation causing great hardship and in convenience. Even after receiving payment for one month in advance, the opposite party did not do anything to solve the complainant’s issue. They did not provide alternative service arrangement or refund the balance amount. So it is a clear Deficiency in service and Unfair Trade Practice on their part.
12. Points 2 & 3
The Opposite party is liable to compensate the complainant for their Deficiency in service and Unfair Trade Practice. Further the complainant and his family suffered great mental agony and inconvenience due to the sudden withdrawal of the home nurse without any intimation and the opposite party is responsible to compensate the complainant for the mental agony and inconvenience suffered by the complainant.
In the result, the complaint is allowed.
We direct
(1) The opposite party to refund. Rs.10,250/- being the excess amount collected by them together with interest at 9% from 21.10.2021 (Date of fling) till realization.
(2) We further direct the opposite party to pay Rs.5,000/- for their Deficiency in service/Unfair Trade Practice, Rs.3,000/- as compensation for the mental agony and inconveniences suffered by the complainant and Rs.5000/- as cost of the litigation.
The opposite party shall comply with the order within 45 days from the date of receipt of copy of this order failing, which the opposite party shall pay an amount of Rs.250/- per month or part thereof to the complainant till date of final payment.
Pronounced in open court on this the 11thday of November, 2022.
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K.
Member
APPENDIX
Exhibits marked on the side of the complainant:
Ext. A1- Receipt issued by the opposite party to complainant date: 16.01.2021.
(Original)
Ext.A2 - Receipt issued by the opposite party to complainant date: 16.01.2021.
Ext.A3 – Copy of lawyer Notice issued by counsel for the complainant with
Acknowledgement card and postal receipt dated: 28.06.2021.
Ext. A4 – Reply Notice issued on behalf of the opposite party dated: 12.07.2021.
Exhibits marked on the side of the opposite party : NIL
Witness examined on the side of the complainant :- Nil
Witness examined on the side of the opposite party:- NIL
Cost : 5000/-(Rupees Five Thousand only)
