BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 184/2009 Filed on 20.07.2009

Dated : 30.04.2010

Complainant:

Mohammed Yoosuf, residing at Safiar, Manacaud P.O, Thiruvananthapuram.

(By adv. Girish Kumar. A.G. )

Opposite party:

The Manager, Karunya Women's Associations, Reg. No. 150/98, R.C. Junction, Kunnukuzhi P.O, Thiruvananthapuram.

(By adv. Pathiripally S. Krishna Kumari)

This O.P having been heard on 29.03.2010, the Forum on 30.04.2010 delivered the following:

ORDER

SMT. BEENAKUMARI.A: MEMBER

Complainant came across the advertisement given by the opposite party offering trained servants, domestic help, hospital attendance and home nurses. Complainant came to opposite party's office on 23.02.2009 and enquired about the services. The complainant initially paid an amount of Rs. 600/- as registration fee. The opposite party stated that as on the availability of the employees the service will be provided. As per the condition the registration charge will be refunded if the service provided is not satisfied. The service required by the complainant was that of a house worker. The opposite party stated to the complainant that the house worker was readily available and the monthly payment was Rs. 4,000/- and the said sum has to be deposited in advance. Due to the urgent requirements of the house worker the complainant paid Rs. 600/- as registration charge and further amount of Rs. 4,000/- as advance salary deposit. Against the said payment opposite party has issued two receipts. The opposite party informed the complainant that the house worker will reach the office by 5 p.m on the very same day and that the complainant will have to pick her from the opposite party's office. The complainant believed upon the opposite party's words and went home. After 5 p.m on the same day complainant contacted the opposite party's office and the opposite party stated that the worker has not turned up and that the service will be provided the very next day. The complainant repeatedly visited the opposite party's office and personally called the opposite party over phone many times to get the opposite party's service but on all such occasions the opposite party deferred the providing of the service by put forwarding lame and untenable contentions. The complainant from the opposite party's attitude and behaviour came to the conclusion that the opposite party is not capable of providing the service offered and as such the complainant relied upon the service offered by another institution. Thereafter the complainant went to the office of the opposite party to get back the amount of Rs. 4,600/-. The complainant was shocked and astonished to know from the opposite party that the registration amount will not be refunded. The opposite party stated at the time of registration that the registration fee is refundable if the service is not satisfactory. As the registration amount was not refunded the complainant refused to accept the advance salary deposit of Rs. 4,000/-. Complainant had to manage his house for ten days without the service of a house worker which has resulted in considerable hardship and other untold sufferings and the same cannot be equated in terms of money. The complainant has caused to issue a lawyer's notice to the opposite party on 22.05.2009 demanding to return the amount of Rs. 4,600/- with 12% interest from 23.02.2009 till the date of payment and a further amount of Rs. 20,000/- as compensation. To the said legal notice the opposite party made no reply. Hence this complaint.

Opposite party, the Manager, Karunya Women's Associations, accepted notice from this Forum and appeared before this Forum. But thereafter did not turn up to contest the case or to file their version. Hence the opposite party remains exparte.

The points that would arise for consideration are:-

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

2. Whether the complainant is entitled to get the reliefs sought for?

Points (i) & (ii):- Complainant filed proof affidavit and produced 7 documents to prove his case. Ext. P1 is the advertisement card of the opposite party. But nowhere in the card has stated the name of the opposite party in this case. It is seen as “Deepa Home Nursing”. The opposite party is Karunya Womens' Association. Ext. P2 is the original cash receipt dated 04.03.2009 for an amount of Rs. 4,600/- issued by Deepa Home Nursing. Ext. P3 is the receipt issued by the opposite party for the acceptance of Rs. 600/- as registration fee dated 23.02.2009. Ext. P4 is the receipt issued by the opposite party for the acceptance of advance amount of Rs. 3,500/- dated 23.02.2009. Ext. P5 is the copy of advocate notice issued by the complainant to the opposite party dated 22.05.2009 demanding refund of the amount of Rs. 4,100/- with interest along with compensation of Rs. 20,000/-. Ext. P6 is the postal receipt of Ext. P5. Ext. P7 is the acknowledgement card signed by the opposite party. But the opposite party did not respond to the notice.

Attracted by the advertisement of the opposite party the complainant approached the opposite party to avail their service. As per the demand of the opposite party, complainant has paid the registration fee of Rs. 600/- and also paid the salary advance amount of Rs. 3,500/- to the opposite party on 23.02.2009. To prove that payment the complainant has produced Ext P4 and Ext. P3. As per Ext. P3 and P4 the complainant has paid an amount of Rs. 4,100/-(Rs. 600 + Rs. 3,500) The opposite party assured the complainant that the house worker will reach the office by 5 p.m on the very same day. But the opposite party did not provide the service to the complainant. And also the opposite party was not ready and willing to refund the registration fee to the complainant. Therefore the complainant sent an advocate notice, but the opposite party did not turn up to refund the amount. Due to the deficient and negligent act of the opposite party, complainant has suffered mental agony and sufferings. From the evidences before us we are of the opinion that there is deficiency in service from the side of opposite party. Since the opposite party accepted the service charge from the complainant, the opposite party is legally bound to provide service to the complainant. Hence there is 100% deficiency in service from the side of opposite party. Opposite party is bound to refund the amount to the complainant with interest. The complainant is entitled to get compensation from the opposite party for the mental agony and sufferings caused to the complainant. Hence the complaint is allowed.

In the result, the opposite party is directed to refund Rs. 4,100/-with 12% annual interest from 23.02.2009 till the date of realization to the complainant. The opposite party shall pay Rs. 2,000/- as compensation and Rs. 1,500/- as costs. Time for compliance 2 months from the date of receipt of the order.

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 April 2010.

BEENAKUMARI. A : MEMBER

G. SIVAPRASAD : PRESIDENT

S.K. SREELA : MEMBER

jb

C.C. No. 184/2009

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Advertisement card of the opposite party.

P2 - Original cash receipt dated 04.03.2009 for Rs. 4,600/-.

P3 - Receipt issued by the opposite party for the acceptance of

Rs. 600/- as registration fee dated 23.02.2009.

P4 - Receipt issued by the opposite party dated 23.02.2009

P5 - Copy of advocate notice issued by the complainant to the

opposite party dated 22.05.2009.

P6 - Postal receipt

P7 - Acknowledgement card.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT