IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 30th day of September, 2021
Present: Sri. Manulal V.S. President
Smt. Bindhu R, Member
Sri. K.M. Anto, Member
C C No. 184/2019 (filed on 31-10-2019)
Petitioner : Benny Thomas,
Mangalathaya Thekkeveedu (H)
Thalayolapparambu P.O.
Kottayam, Pin – 686 605.
Vs.
Opposite Party : K.S. Sajeevkumar,
Vinayaka Service Centre,
Lakshmi Building,
Kochukavala,
Vaikom – 686141.
O R D E R
Smt. Bindhu R, Member
The complainant approached the opposite party to avail his service of providing a house maid to look after his child on payment of 13,500/- as the salary of the maid along with 3 month’s service charge of Rs.3000. The opposite party brought a lady on the next day and assured that she would be coming from the next day onwards. But she did not turn up. Thereafter even on repeated demands, the opposite party failed to send any servant to the complainant’s house. When the complainant demanded the money back, the opposite party sought time for the repayment. As the repayment was prolonged, the complainant insisted on payment and the opposite party executed a cheque in favour of the complainant for Rs.16000/- after deducting the travelling expense. But when the complainant presented the said cheque on 14.10.19 in SBI Thalayolaparambu branch, but the said cheque was bounced for insufficient funds. There after though the complainant contacted the opposite party several times, he did not care to repay the amount or supply one home maid. Hence the complaint is filed for compensation against deficiency in service and unfair trade practice.
Though the opposite party received the notice from this commission, he
did not care to appear before this commission even after repeated postings. Hence the opposite party was set exparty.
The complainant adduced evidence through affidavit and filed two documents which were marked as Exhibit A1 and A2.
On the examination of the pleadings and evidence we frame the following issues:
1. Whether there is any deficiency on the part of the opposite party?
2. If so what are the consequential reliefs?
Point No1 and 2
For the sake of convenience we consider both points together.
The complainant paid Rs.13,500/- towards registration charge and Rs.3000- towards the service charge for the upcoming 3 months. Thus Rs.16, 500/- altogether was paid by the complainant for getting the service of providing a house maid to look after his child. But the opposite party did not act accordingly and did not return the amount.
Upon repeated demands from the complainant the opposite party gave a cheque dated 14/10/19 which was dishonoured on presentation by the complainant. Hence the complaint has been filed for the compensation for the damages arose out of the deficiency in service of the opposite party. The opposite party was set exparty for nonappearance.
The complainant has established that he is a consumer of the opposite party by producing Exhibit A1 cheque of Punjab National Bank, Vaikom which was issued by the opposite party in favour of the complainant and as no contrary evidence has been adduced by the opposite party, the cheque can be taken as issued against the refund of the consideration made by the complainant. The failure to give promised service to the complainant after receiving consideration is a clear deficiency in service on the part of the opposite party. Exhibit A2 is the dishonour memo of the cheque issued by the SBI Thalayolapparambu, the presenting Bank.
Hence in the light of the pleadings and evidence and in the absence of contrary evidence, we allow the complaint and the following order is passed:
1. The opposite party is directed to return the amount of Rs.16500/- to the complainant with an interest at the rate of 9% per annum from the date of dishonour of the cheque 16/10/19 till the date of realization.
2. The opposite party is directed to give Rs.1000/- towards the cost of litigation.122
The Order shall be complied with within a period of 30 days from the date of receipt of Order.
Pronounced in the Open Commission on this the 30th day of September, 2021.
Smt. Bindhu R, Member Sd/-
Sri. Manulal V.S. President Sd/-
Sri. K.M. Anto, Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 – Photocopy of Cheque dtd.14-10-2019 for Rs.16,000/-
A2- Copy of return memo report dtd.16-10-19
Exhibits marked from the side of opposite party
Nil
By Order
Senior Superintendent
