DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ERNAKULAM
Dated this the 29th day of May 2023
Filed on: 12/11/2022
PRESENT
Shri.D.B.Binu President
Shri.V.Ramachandran Member Smt.Sreevidhia.T.N Member
C C No. 428/2019
COMPLAINANT
- Thomas, S/o.Ouseph, Elavathunkal House, Njarackal
- Moly Paul, W/o.Thomas, Elavathunkal House, Njarackal
(rep. by Adv.Rajesh Vijayendran, 35/191, Automobile Road, Palarivattom, Kochi-682 025)
Vs.
OPPOSITE PARTY
Sini, Proprietor, Life Guid Home Nursing, Service Cenre, Penta Tower Opp. PVS Hospital, Kaloor, Ernakulam
(Adv.K.S.Arundas #35, DD Oceana Mall, Near Taj Gate Way Hotel, Marine Drive, Ernakulam-682 031)
F I N A L O R D E R
V.Ramachandran, Member
1) A brief statement of facts of this complaint is as stated below:
The complainant states that he had approached the opposite party for obtaining the service of a house maid and accordingly paid an amount of Rs.1000/- towards service charge and Rs.16,000/- being the wages of the house maid for one month as demanded by the opposite party. The opposite party sent a house maid around the age of 60yrs and told that she is well versed in the domestic works. After a lapse of 3 days, the said woman left the house of the complainant saying that she is a home nurse and do not have any experience in house hold works. So the complainant asked the opposite party to refund the amount after deducting the wages of 3 days payable to the maid. The opposite party said that they will arrange another person and on 17.09.2019 the opposite party sent a Tamil woman to the house of the complainant. That woman was also a home nurse and did not know the house hold works. Therefore, the complainant sent back that woman to the opposite party and requested to refund of Rs.10285/- after deducting the wages of 10 days. The complainant went to the office of the opposite party on several times and the opposite party had not returned the amount. Therefore the complainant lodged a complaint before the SHO Town Police Station and the opposite party agreed to repay an amount of Rs.10,285/- to the complainant within 10 days.
The opposite party had not paid any amount to the complainant and therefore the complainant approached this Commission seeking for issuing orders to the opposite party to refund the amount along with other reliefs.
2) Notice
Upon notice from this Commission the opposite party appeared and filed their version.
3) Version of the opposite party
The opposite party stated that the complainant had agreed to pay an amount of Rs.17,000/- as monthly salary to one Smt. Moly and the opposite party charged Rs.1000/- as one time service charge from the said Moly. After 3 days Smt. Moly left the residence of the complainant and on the request of the complainant, the opposite party arranged a Tamil woman named Smt.Sarojini without charging any service charge from the complainant. After a period of 7 days, the said Sajojini also left the residence of the complainant. The opposite party stated that both Moly and Sarojini left the residence of the complainant due to over work and mental torture to work like slaves from 5 am to 11 pm without any break. The opposite party in their version alleges that the complainant had not allowed the house maidens to use washing machine to wash cloths and compelled her to wash dirty dress manually. The complainant did not show any humanitarian consideration to provide space to sleep and forced her to sleep in the kitchen without any privacy. That was the reason for both maids left the residence of the complainant. It was due to the threat from the part of the police and due to pressurizing attitude of the complainant that the opposite party had signed on the condition on the bill to refund the amount to the complainant
Evidence
Complainant produced Exbt.A1 and there is no evidence from the side of the opposite party. Exbt.A1 is marked and there is no oral evidence in this case.
The following are the main points to be analysed in this case:
(1) Whether the complainant had experienced any deficiency of service or unfair trade practice from the side of the opposite party?
(2) If so, whether the complainant is entitled to get any reliefs?
(3) Costs of the proceedings?
Point No. (i)
The Commission verified the documents produced from either side along with contents of the complaint and the facts furnished by the opposite party in their version. It can be seen that the opposite party averred in the version that the amount is paid to one Smt. Moly and the opposite party had received only service charge of Rs.1000/- as one time settlement. Since the cash received as per receipt dated 17.09.2019 by life time home nursing service centre is for an amount of Rs.17,000/- and from that it is very clear that the opposite party had received the amount paid by the complainant. As such the said Moly is not a party in this case, and the complainant need not have to cast Smt.Moly in the opposite party array, since there is no transaction made by the complainant with the said Moly and the amount is given to the opposite party company as is revealed from Exbt.A1. It can also be seen from the condition imposed on Exbt.A1 itself that the balance amount (refund Rs.10285/-) shall be made on 24.10.2019 which is signed by the opposite party. From the evidences it is proved that the complainant had paid the amount, the opposite party received the amount, the complainant had to get the balance amount after deducting the amount paid by the opposite party to the maidens deputed by the opposite party and the opposite party had agreed to pay back the amount to the complainant and therefore point No (i) is proved in favour of the complainant.
Since point No. (i) is proved in favour of the complainant, the following order are issued.
- The opposite party shall pay an amount of Rs.10,285/- to the complainant within one month from the date of receipt of copy of this order.
- The opposite party shall pay an amount of Rs.2500/- to the complainant towards compensation.
- An amount of Rs.1000/- shall pay by the opposite party as cost of the proceedings to the complainant.
The above orders shall be complied with within, 30 days from the date of receipt of copy of this order, failing which the amounts ordered above vide 1 and 2 shall attract interest @5.5% from the date of receipt of a copy of this order till the date of realization.
Pronounced in the Open Commission this 29th day May 2023.
Sd/-
V.Ramachandran Member
Sd/-
D.B.Binu President
Sd/-
Sreevidhia T.N., Member
Forwarded by Order
Assistant Registrar
Forwarded by Order
Assistant Registrar
Assistant Registrar APPENDIX
Complainant’s Evidence
Exhibit A-1: copy of cash receipt dated 07.09.2019 issued by Life Guide Home Nursing Service Centre.
