IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Monday the 31th day of July, 2023.
Filed on 09.05.2023
Present
1. Smt.P.R Sholy, B.A.L, LLB (President-in-charge )
2. Smt.C.K.Lekhamma, B.A, LLB (Member)
CC/No.141/2023
between
Complainant:- Opposite parties:-
Smt.Kunjamma Thomas 1. The Proprietor
Manalel House Pragathi Solutions, Building No.11/11 D
Palace Ward, Alleppey Workshop stop, Muttar,
Manjummel-683501
2. Residential address
Manakkaparambil House
Kaithavalappil road, Manjummel
Ernakulam
The Manager
Pragathi Solutions, Building No.11/11 D
Workshop stop, Muttar,
Manjummel-683501
(Ops are exparte)
O R D E R
SMT. C.K.LEKHAMMA(MEMBER)
Brief facts of the complainant's case are as follows:-
The complainant needs an urgent necessity of the service of a home nurse. Since her husband is a chronic cancer patient and hence he is laid up and undergoing treatment. She knows from the advertisement that the 1st opposite party is the institution of provides trained home nurses. The complainant contacted the 1st opposite party and was informed that for rendering their service, an amount of Rs.70,000/- should be remitted. Accordingly, the complainant remitted the amount of Rs.70,000/- on 19.12.2022 at the office of the opposite parties. As per the receipt, the amount is meant to provide the service of a home nurse for 84 days from 27.01.2023 to 18.04.2023. The opposite parties informed that the home nurse will reach the complainant’s home on due date.
2. Accordingly, the service of a home nurse was provided. On 17.02.2023, the opposite party contacted the complainant and directed to remit Rs.65,000/- being the salary advance of the home nurse from 19.04.2023 to 11.07.2023, the next 84 days. When the complainant informed that since he has already remitted the salary advance up to 18.04.2023 and hence the amount is to be remitted only after two months, the opposite party informed that the amount is to be remitted on that day itself, to ensure the future availability of home nurse. Since the complainant was in urgent need of a home nurse, she remitted the amount of Rs.65,000/-. The complainant alleged that on 02.04.2023, the home nurse working there left for her home and didn’t return. The complainant contacted the opposite party immediately. The opposite party informed that they will look in to the matter and will provide a new home nurse. However, none has been provided for a week. When the complainant tried to contact the next week, the opposite party didn’t attend the phone. The complainant tried again and again. But, there was no response.
3. Due to the non availability of service of a home nurse, the complainant’s husband suffered many difficulties. The complainant was also in great difficulties since due to old age and physical problems, she was unable to do any service to her husband. The action on the part of the opposite party in non-providing the service of a home nurse, even after accepting the advance salary amounts to deficiency of service and unfair trade practice. Since the home nurse was not provided, the complainant reached the opposite party office to discuss the matter. But she was not able to meet the 1st opposite party. Hence she told the 2nd opposite party, the manager to arrange refund of the remitted cash. The manager informed that she will inform the matter to the proprietor. However, till date, the amount has not been refunded. According to the complainant, the opposite party is duty bound either to provide a home nurse or to refund the amount with interest immediately. Hence the complainant approaches this Commission with the request for the following reliefs:-
1. To refund the amount of Rs.15,000/- and also Rs.65,000/- total being Rs.80,000/- remitted for which no service has been provided, with 15% interest.
2. To direct the opposite parties to pay compensation for deficiency in service and cost of the proceedings.
4. The points that arise for consideration are as follows:-
1. Whether the complainant is entitled to get refund of Rs.15,000/- (Fifteen thousand) and Rs.65,000/- from the opposite parties?
2. Whether opposite parties committed deficiency in service ?
3. Reliefs and costs?
5. The complainant appeared in person she filed proof affidavit Exts.A1 series and A2 series were marked. The opposite parties remained absent and proceeded with exparte. We have heard the complainant.
6. Points Nos.1 and 2
On perusal of the evidence on records, we found that Exts.A1 series and A2 series (Photocopies) are the payment receipt issued by the 1st opposite party. The said receipt dated 19.12.2022 covered an amount of Rs.70,000/- (Seventy thousand) and the receipt dated 17.02.2023 covered an amount of Rs.65,000/- (Sixty five thousand). Ext.A2 series are the bank statements pertaining to the account of the complainant’s daughter and those documents revealed that the above-said amounts were transferred to the 1st opposite party. The complainant contended that the 1st opposite party agreed and received the amount on 19.12.2023 to provide the service of a home nurse for 84 days from 27.01.2023 to 18.04.2023. Further on 17.02.2023 Rs.65,000/- was made for the advance of the salary of a home nurse from 19.04.2023 to 11.07.2023, the next 84 days. The complainant alleged that on 02.04.2023 the home nurse working with them was left. Thereafter opposite parties did not provide home nurses. The complainant tried to contact the opposite parties but no response from them.
7. Admittedly up to 02.04.2023, the opposite parties provide the service of the home nurse. It appears that before 16 days of the agreed period, the nurse went away. On that count, the complainant is entitled to get Rs.14,000/-. Even though received Rs.65,000/- for further 84 days of service but not provide the service. So the complainant is entitled to get refund of said amount from the opposite parties.
8. The allegations of the complainant remained unchallenged. Despite the receipt of notice (Notice returned RTS) from the Commission the opposite parties remained absent. In the said circumstances, as per the provision Consumer Protection Act, 2019 the complaint proceed with exparte. Therefore, we are constrained to believe the evidence of the complainant.
9. Therefore, opposite parties are liable to refund Rs.65,000/- (Sixty-five thousand), being the amount covered in the receipt dated 17.02.2023 in Ext.A1 and also another sum of Rs.14,000/- (Fourteen thousand) being the remaining amount dated 19.12.2023 covered in the 1st receipt. Moreover we found that the opposite parties committed deficiency in service and hence, they are liable to pay compensation to the complainant.
10. Point No.3
In the result, the complaint is allowed in part and direct as follows:-
1. The opposite parties are jointly and severally liable to refund Rs.14,000/- (Fourteen thousand) being the remaining amount covered the receipt dated 19.12.2023 in Ext.A1 and Rs.65,000/- (Sixty five thousand) being the amount covered in the receipt dated 17.02.2023 (Exts.A1) to the complainant. Failing which said amount shall carry interest @ 8% per annum from the day fixed for compliance of this order till realization.
2. Both opposite parties are jointly and severally liable to pay Rs.10,000/- towards compensation for deficiency in service and also pay Rs.2000/- (Two thousand) as cost of the proceedings to the complainant.
The order shall be complied with within one month from the date of receipt of this order.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Commission on this the 31th day of July 2023.
Sd/- Smt.C.K.Lekhamma (Member)
Sd/- Smt. P.R. Sholy (President in Charge)
Appendix:-Evidence of the complainant:-
Ext.A1series - Copy of Receipts (2Nos)
Ext.A2series - Copy of Statement of axis account (2 Nos)
Evidence of the opposite parties: NIL
///True Copy ///
To
Complainant/Oppo.party/S.F.
By Order
Assistant Registrar
Typed by:- Sa/-
Comp.by:
