Date of Complaint : 15.09.2014
Date of Order : 25.02.2015
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT : THIRU. B. RAMALINGAM, M.A.M.L., : PRESIDENT
THIRU.L. DEENDAYALAN, M.A.B.L., : MEMBER I
TMT.K. AMALA, M.A. L.L.B., : MEMBER II
C.C.No.383/2014
THIS WEDNESDAY , THE 25TH DAY OF FEBRUARY 2015
1. Miss. M. Mayuri,
D/o. R.N. Manjula,
2. Tmt. R.N. Manjula,
Both are residing at
Principal Labour Judge’s Quarters,
South Avenue Road,
Sathuvachari, (Phase II),
Vellore – 9. .. Complainant.
- Vs-
1. M.R. Garden Ladies Hostel,
No.12, Thiruvedian Street,
Gopalapuram,
Chennai 600 086.
2. Thiru. Ravi,
Proprietor / Managing Director / Managing Partner /
Managing Trustee,
M.R. Garden ladies Hostel,
No.12, Thiruvedian Street,
Gopalapuram,
Chennai 600 086. ..Opposite parties. | | .. Opposite party. |
| | |
For the complainant : M/s. J. Arun Prasad.
For the opposite parties : exparte.
Complaint under section 12 of the Consumer Protection Act, 1986 for a direction to the opposite party to return the advance amount of Rs.10,000/- and also to pay a sum of Rs.10,000/- which was withheld by the opposite party for the services not provided by the opposite parties and Rs.4300/ towards interest and Rs.50,000/- as compensation and Rs.10,000/- as cost of the complaint to the complainant.
ORDER
THIRU. B. RAMALINGAM, PRESIDENT
1. The Case of the complainant is briefly as follows:
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2. Even after receipt of the notice, the opposite parties did not appear before this Forum and did not file any written version on their behalf. Hence the opposite parties were set exparte on 30.10.2014.
3. 2nd Complainants has filed her proof affidavit and Ex.A1 to Ex.A7 were marked on the side of the complainant.
4. The points that arises for consideration are as follows:
1. Whether the opposite party committed any deficiency
in service and unfair trade practice ?.
2. To what relief the complainant is entitled to ?
5. POINT NOs: 1 & 2:
Perused the complaint, proof affidavit filed by the 2nd complainant, Ex.A1 to Ex.A7 and considered the arguments of the learned counsel appearing for the complainants. The complainants’ case is that the 1st complainant is the daughter of 2nd complainant and 1st complainant being the student of engineering college stayed in the 1st opposite party hostel run by the 2nd opposite party from August 2012 to till the month of November 2012. The complainants have paid a sum of Rs.10,000/- as advance under receipt Ex.A1 and for the month of August 2012, September 2012, October 2012, and November 2012 rent for the said 1st complainant’s stayed in the hostel room and charges for food and other were paid as per receipt Ex.A2 to Ex.A5 respectively. The complainants further stated that the 1st complainant was at the beginning allowed to occupy the room No.24 which is the room meant for two members sharing. However in the middle she was shifted to room No.39 stating that this room alone is the room meant for two members sharing, while she was staying in the said room No.39 another room mate who was the senior to the 1st complainant has troubled unnecessarily and caused hardship. Though the complainant reported to the opposite parties regarding the same they have not taken any proper steps but simply asked and compelled the 1st complainant to shift to room No.19 in the middle of September 2012 which is the room meant for eight members sharing. Though the 1st complainant was not willing to stay in that room as it was inconvenient due to compulsion of opposite parties the complainant stayed there till November 2012. However the room rent paid for the month of September 2012 towards charges for two members sharing rent of s Rs.10,000/-. Whereas the rent for room No.19 occupied by the 1st complainant is at the rate of Rs.6,000/- only. Though the 1st complainant had to shift to room No.19 from room No.39 despite of payment made for Rs.10,000/- itself rent amount not adjusted by the opposite parties. Further rents for room are paid in advance for every month. However receipt were given after some days it is the practice adopted by the opposite parties. When the complainant asked to adjust the advance amount for rent of November 2012 stating that the 1st complainant is going to shift to some other hostel, the opposite parties have not adjusted the advance amount but compelled the complainant to pay the rent for the month of November 2012 also at the beginning itself as per their practice. Accordingly the complainants have paid the November 2012 month rent also in advance as per Ex.A5. During the above said stay in the hostel of the 1st opposite party the 1st complainant was suffered inconvenience and hardship by shifting one room to another room against her wishes due to mismanagement of the hostel by the 2nd opposite party and their staffs.
6. Further the complainants have issued notice, dt.19.8.2014 Ex.A6 to the opposite parties explaining the difficulties suffered by 1st complainant during her stay in the 1st opposite party hostel and also demanded the refund of advance amount. Though it was received by the opposite parties under Ex.A7, postal acknowledgment they neither complied the demand nor replied the notice. All the above facts are proved by the complainants. As such the opposite parties have committed deficiency of service and unfair trade practice and which caused mental agony and hardship to the complainants is also acceptable. Whereas in this proceeding though the notice was received by the opposite parties neither appeared in person nor through counsel and not filed any written version and not contested the case. As such the opposite parties remain exparte in this proceedings.
7. Therefore we are of the opinion that the opposite parties have committed deficiency of service and unfair trade practice which caused mental agony and hardship to the complainants are proved. As such the opposite parties are liable to return the advance amount of 10,000/- with interest at the rate of 9% from the date 1st December 2012 to till the date of payment. Further considering the facts and circumstances of the case the opposite parties are liable to pay a sum of Rs.10,000/- as just compensation to the complainants and also to pay a sum of Rs.2000/- as cost to the complainants and accordingly this points 1 & 2 are answered in favour of the complainants.
In the result, the complaint is allowed in part. The opposite parties are jointly and severally directed to return the advance amount of Rs.10,000/- (Rupees Ten thousand only) to the complainants with interest at the rate of 9% from the date of 1st December 2012 to till the date of payment and also to pay a sum of Rs.10,000/- (Rupees ten thousand only) as compensation for mental agony and hardship and also to pay a sum of Rs.2,000/- (Rupees two thousand only) as cost of the proceedings to the complainant.
The above compensation and cost amount shall be payable within 6 weeks from the date of receipt of copy of this order, failing which the amount shall carry interest at the rate of 9% per annum from the date of order till the date of realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us on this the 25th day of February 2015.
MEMBER-1 MEMBER-II PRESIDENT.
Complainants side documents :
Ex.A1- 7.7.2012 - Copy of receipt for advance amount.
Ex.A2- 4.8.2012 – Copy of receipt for Room No.24.
Ex.A3- 14.9.2012 – Copy of receipt for Room No.39.
Ex.A4- 25.10.2012- Copy of receipt for Room No.19.
Ex.A5- 5.11.2012 - Copy of receipt for Room No.19
Ex.A6- 19.8.2014 - Copy of legal notice with postal receipts.
Ex.A7- 21.8.2014 - Copy of Ack. cards.
Opposite parties’ side documents:- Nil (exparte.)
MEMBER-1 MEMBER-II PRESIDENT.
