By G. Yadunadhan, President: The case of the complainant is that he is working as a lecturer in Chemistry at St. Joseph’s College, Devagiri, Calicut and his wife is employed at the Calicut branch of LIC of India. They have two children, one aged 6 years and other aged 6 months. The complainant was in need of a domestic servant; he came to understand that the opposite party is engaged in the service of providing manpower to the needy people in the form of domestic servants. So complainant telephoned the opposite party from his house at Calicut to get the service of a domestic servant and the opposite party agreed to the same. Accordingly, a domestic servant by name Mr. Jolly Balu @ Jolliamma was sent to the house of the complainant on 30.12.2004. For this service, complainant paid to the opposite party a total amount of Rs.1250/- and Rs.1000/- for service charge andRs.250/- towards registration charge. Altogether complainant paid Rs.2500/- to the opposite party. On 7.1.2005, complainant was informed by the opposite party that Jolliamma would be leaving his service because her husband was not well. Above said Jolliamma relieved of duty on 11.1.2005. But substitute servant did not arrive. Due to the negligent act of opposite party, complainant’s wife had to take leave from her office to look after the house and the children. Hence the complainant is seeking relief against the opposite party to pay a compensation of Rs.25,000/- with costs. After serving notice, opposite party called absent and set exparte. Complainant was examined as PW1 and filed affidavit. Ext. A1 to A4 were marked on the side of the complainant. From the affidavit and exhibits, complainant’s case is proved. In the result petition is allowed and the opposite party is directed to pay a sum of Rs.2500/- as service charge remitted by the complainant and also to pay a sum of Rs.2500/- as compensation and a cost of Rs.250/- to the complainant. Pronounced in open Court this the 30th day of January 2009. Sd/-President Sd/-Member APPENDIX Documents exhibited for the complainant: A1 Order Form No.A.253 dated 30.12.2004. A2 Receipt No.866 dated 30.12.2004 for Rs.1000/-. A3 Receipt No.865 dated 30.12.2004 for Rs.250/-. A4 Cash/Bank voucher No.1 dated 10.1.05 for Rs.80/-. Documents exhibited for the opposite party: Nil. Witness examined for the complainant: PW1 Raju Francis, S/o. V.A. Francis – complainant. Witness examined for the opposite party: None. -/True copy/- Sd/-President (Forwarded/By Order) Senior Superintendent. |