BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT:

SHRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENA KUMARI. A : MEMBER

SMT. S.K. SREELA : MEMBER

C.C. No: 234/2007 Filed on 09..11..2007

Dated : 30..12..2008

Complainant:

E.G. Kunjulekshmi Amma, Uthradam, T.C No.4/13(1), Ambalamukku, Kowdiar – P.O., Thiruvananthapuram.

Opposite parties:

1. Santha Kumari, Manager, Popular Charitable Society, Near Panchayat Office, Kanchiyoorkonam Road, Kattakkada, Thiruvananthapuram.

2. Padmakumari ....do.....

This O.P having been heard on 21..11..2008, the Forum on 30..12..2008 delivered the following:

ORDER

SMT. BEENA KUMARI. A., MEMBER:

The complainant in this case is a retired teacher. As per the request made by the complainant the 1^st opposite party recruited the 2^nd opposite party as the house maid of the complainant on 20..06..2007. For that purpose the complainant had paid Rs.2,500/- as salary advance, paid Rs.500/- as registration fee and paid Rs.100/- as travelling expenses to the 1^st opposite party. As per the terms and conditions the monthly salary will be paid in advance for every month. If the service ended in any period the advance amount will be repaid. On 27..07..2007 the 2^nd opposite party went home with the assurance that she will return on 29..07..2007 and the complainant paid Rs.2,500/- as salary advance for the next month. But thereafter she did not return, the complainant several times enquired the matter to the 1^st opposite party. Then the 1^st opposite party assured that she will sent another house maid to the complainant soon. But the 1^st opposite party did not do so or refund the salary advance amount to the complainant. Hence the complainant filed this complaint for the redressal of her grievances.

2. The opposite parties remain ex-parte.

3. Points to be ascertained:

1. Whether there is deficiency in service from the side of opposite parties?

2. Reliefs and costs?

4. Points (i) & (ii): The complainant in this case filed affidavit and produced 2 documents. The document marked as Ext.P1 is the receipt issued by the 1^st opposite party for Rs.3,000/-. It shows that Rs.2,500/- as salary advance and Rs.500/- as registration fee. Ext.P1(a) is the address card of 1^st opposite party the Popular Charitable Society. The 1^st opposite party never appeared before this Forum to contest the case. This Forum received a letter with 2 documents from the 1^st opposite party by post. Through the letter she denied the matter and she stated that she had paid Rs.2,250/- to the 2^nd opposite party as salary on 27..07..2007 and the photocopy of the acceptance of the same by the 2^nd opposite party is enclosed.

5. From the documents produced by the complainant we have seen that the complainant had paid Rs.2,500/- as salary advance on 18..06..2007. Therefore the complainant had paid Rs.2,500/- on 27..07..2007. But the complainant had duly availed one month and seven days service from the opposite parties. Hence the complainant is entitled to get back 23 days salary from the opposite party which was paid by her in advance. In this case the complainant was waiting for 3 months for the service of the opposite parties but they did not sent another house maid to the complainant. The act of the opposite parties show their deficient service which has caused difficulties to the complainant. The complainant is an aged lady. Hence this Forum finds there is deficiency in service from the part of opposite parties and therefore the complaint is allowed.

In the result the 1^st opposite party is directed to pay Rs.1,900/- (Rupees One thousand nine hundred only) to the complainant from the salary advance paid by the complainant and shall also pay Rs.500/- (Rupees five hundred only) as compensation and Rs.500/- (Rupees five hundred only) as cost of the proceedings. Time for compliance one month. Thereafter 12% interest shall be paid to the above mentioned amount till the date of realisation.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 30^th day of December, 2008.

BEENA KUMARI.A., MEMBER.

G. SIVAPRASAD,

PRESIDENT.

S .K. SREELA,

MEMBER.

ad.

C.C.No.234/2007

APPENDIX

1. Complainant's witness:

PW1 : E.G. Kunjulekshmi Amma

II. Complainant's documents:

P1 : Copy of cash receipt No.493 dated 18.06.07

P1(a) : Photocopy of visiting card of opp. Parties.

3. Opposite parties' witness : NIL

4. Opposites documents : NIL

PRESIDENT