Date of Filing:08.04.2022

Date of Disposal:30.03.2023

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

         ORDER

SRI RAMACHANDRA.M.S,

PRESIDENT

1. The complainant files a complaint with this Commission under Section 25 of the Consumer Protection Act,2019 with a direction to the OP to repay Rs.21,600/- along with interest at 18% p.a.,  Compensation of Rs.50,000/- for mental agony, Rs.50,000/- for unfair trade practice, negligence  and financial losses  and such other reliefs.

2.   The following are the complaint's key facts: 

The complainant has approached OP service and took of full time maid house hold services to attend theaged in-laws of the complainant. The OP hasrunning AIM-2 Win consultantsolutions, who is in business of providing maid services to their clients. The complainant approached OP and they have clearly explained for a maid and a specific Bengali maid, who be about 30 years of age. The OP has promised to provide the same and both of them have signed the service contract on 15.08.2021 and the complainant has paid a sum of Rs.18,000/- as per invoice no.779 and service charges of Rs.2,000/- is also paid. Totally the complainant paid a sum of Rs.20,000/-. The complainant has also paid further cost of Rs.1,600/- for the RTPCR test of the maid. The OP has promised to provide 10 replacements for one year as per agreement entered between them.

3. It is further case of the complainant that OP arranged a maid by name Shankari, she joined the complainant house on 16.08.2021 and stayed till 30.09.2021, but the complainant has rejected the maid as she was unable to perform her duties citing health reasons and also for other reasons and the maid left the complainant on 30.09.2021 and her salary for one and half month was cleared by the complainant as per agreed terms.

4. It is the case of the complainant that the complainant approached the OP to provide any maid service as per their demand and also as per their requirement. Despite of sufficient opportunity, the OP has failed to provide a service of maid as per agreed service agreement. The complainant has made best efforts and also made personally approached repeatedly. All the efforts of the complainant went in vain. Despite of this the OP has failed to provide the service of a maid as per service agreement entered into between them. Aggrieved by the act and action of the OP the complainant was forced to file the present complaint sought for relief as prayed in the complaint.

5. Notice to OP served,  even though  represent by counsel their right the file their version is forfeited in view of the orders of Apex Court of India as on the expiry of 45 days OP has not permitted to file the version. In view of this permission is not granted to file version and it is taken as not filed.  

5. The complainant filed chief-examination affidavit along with relevant documents in support of the pleading.

6. Heard arguments. The matter is reserved for order.

7.  The points that arise for our consideration are;

1. Whether the Complainant prove that there is deficiency of service on the part of the OPs as alleged in the complaint and thereby prove that he is entitle for the relief sought?
2. What order?

8. The findings on the above points are as under:

Point No.1            :       Affirmative

Point No.2            :       As per final order

REASONS

9. POINT NO.1:-  When the complainant has approached OP service and took full time maid house hold services to attend the  aged in-laws of the complainant. The OP has  running AIM-2 Win consultant  solutions, who is in the business of providing maid services to their clients. The complainant approached OP and they have clearly explained for a maid and a specific Bengali maid, who will be about 30 years of age. The OP has promised to provide the same and both of them have signed the “service contract” on 15.08.2021 and the complainant has paid a sum of Rs.18,000/- as per invoice no.779 and service charges of Rs.2,000/- is also paid. Totally the complainant  paid a sum of Rs.20,000/-. The complainant has also paid further cost of Rs.1,600/- for the RTPCR test of the maid. The OP has promised to provide 10 replacements for one year as per agreement entered between them.

10. It is further case of the complainant that OP arranged a maid by name Shankari, she joined the complainant house on 16.08.2021 and stayed till 30.09.2021, but the complainant has rejected the maid as she was unable to perform her duties citing health reasons and also for other reasons and the maid left the complainant  on 30.09.2021 and her salary for one and half month was cleared by the complainant as per agreed terms.

11. It is the case of the complainant that the complainant approached the OP to provide any maid service as per their demand and also as per their requirement. Despite of sufficient opportunity, the OP has failed to provide a service of maid as per agreed “service agreement”. The complainant has made best efforts and also made personally approached repeatedly. All the efforts of the complainant went in vain. Despite of this the OP has failed to provide the service of  a maid as per service agreement entered into between them. Aggrieved by the act and action of the OP the complainant was forced to file the present complaint sought for relief as prayed in the complaint. The OP even though represented by the counsel, they have not filed version statement well within stipulated time. As per the order of the Constitutional Bench Supreme court of India the version is taken as not filed. From the conduct of the OP, it is clear that they have not chosen to file the objection statement to the complaint. From the act and attitude shows that there is no defence from the OP side in order to counter allegations of the complaint.

12. From the perusal of the complaint averments and also exhibit-1 to 7 of the annexure documents produced by the complainant clearly supports the complainant’s contention and  also allegations as against OP. The Annexure-A is the receipt for being received a sum of Rs.20,000/- issued by OP company from the complainant and annexure-B is legal notice, which is issued by the complainant as against OP. Annexure-C & D is the UPI transaction ID of the complainant  account, wherein it is clear that entire sum of Rs.20,000/- payment is made by the complainant to the OP company. All these annexure documents which is produced by the complainant clearly goes to show that the complainant has establishes his entire complaint averments as against OP beyond all reasonable doubt. The conduct of OP clearly shows that they have committed deficiency in service on their part, for which they are held liable to pay legitimate claim of complaint along with other reliefs granted.  Accordingly, the Point No.1 we answer in affirmative.

13. POINT NO.2:- In the result, we passed the following:

ORDER

1. The complaint is allowed in part.
2. The OP is directed refund a sum of  Rs.21,600/- along with interest at 7% p.a. from the date of payment to the complainant till amount is paid.
3. The OP is further directed to pay compensation of Rs.10,000/-  and Rs.5,000/- towards cost of litigation within 45 days. If the OP fails to comply the order, the said amount shall  carry interest at 6% p.a. for non-compliance of the order.
4. Furnish free copy of this order to both the parties. 

 (Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 30^th March 2023)

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)         (CHANDRASHEKAR S.NOOLA)       

         MEMBER                                        MEMBER

Witness examined on behalf of the complainant by way of affidavit:

Dr.Miland Inamdar-who being the complainant

Documents produced by the complainant:

Witness examined on behalf of the OP by way of affidavit: Nil

Documents produced by the OP     :  Nil

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)          (CHANDRASHEKAR S.NOOLA)

         MEMBER                                     MEMBER

SKA*