Sri. P. Satheesh Chandran Nair (President):

The complainant filed this complaint u/s.12 of the C.P. Act 1986.

2. The case of the complainant is as follows. The complainant he who contacted the opposite party for providing a home nurse for the protection of one C.V. Thomas who is the relative of the complainant.  It is contended that the opposite party provided a home nurse named Susy for a monthly payment of           Rs. 14,000/- on 24/08/2017.  The complainant paid an amount of Rs. 14,000/- as salary advance and Rs. 3,000/- as service charge.  It is stated that since the service of the said Susy was not satisfactory on 12/09/2017 onwards another home nurse one Ramla of Erumeli was deputed to the complainant.  Meanwhile as demanded by the opposite party the complainant sent Rs. 6,000/- on 05/10/2017 to the opposite party by a bank transaction.  The said Ramla completed her services satisfactorily and relieved on 22/11/2017 from the service of the complainant.  It is contended that after six days of her relieve from service the opposite party sent another person named one Sali to the complainant’s house.  At that time the above said aged person C.V. Thomas was died.  Therefore he did not want any further service from the opposite party.  It is contended that a complainant he who paid the whole salary of the 2^nd home nurse Ramla, Erumely, at the time of the completion of service.  The complainant demanded the refund of the advance amount Rs. 14,000/- from the opposite party but he was not ready to refund the advance amount on reason that the patient died.  According to the complainant the opposite party has no right to keep the advance amount in their hand and the act of the opposite parties are clear deficiency in service and unfair trade practice on their side and she is liable to the complainant.  Hence, the case for refund of the advance amount of Rs. 14,000/-, cost, compensation, etc, etc.
3. This Forum entertained the complaint and issued notice to the opposite party for the appearance. Though the opposite party received notice from the Forum she failed to appear on the posted date: 14/05/2018.  It is seen that the opposite party’s notice returned to these Forum as ‘unclaimed’.  Hence the case posted for the appearance of the complainant.  Again on 17/07/2018 the case was taken on file as C.C. 80/2018 and issued notice to opposite party for appearance.  As directed the notice issued to the opposite party for appearance on 17/07/2018.  It is seen that though the postal authorities informed about the notice the opposite party did not turn up to receive the notice.  At last on 17/09/2018 this Forum constrained to declared ex-parte against opposite party. 
4. On the basis of the complainant and records before us we framed the following issues for consideration.

(1). Whether the complaint can be allowable?

(2). Regarding relief and cost?

In order to prove the case of the complainant, the complainant he who examined as PW1 and marked Ext. A1 to A3.  Ext. A1 is the copy of receipt dated: 24/08/2017.  Ext. A2 is the Statement of account of SBI.  Ext. A3 dated: 28/03/2018 is a receipt signed by the 2^nd home nurse Ramla Majeed in favour of the complainant.  After the closure of evidence we heard the complainant.

Point No.1&2:- For the sake of convenience we would like to consider Point No. 1& 2 together. In chief examination PW1 deposed that as requested by him the opposite party provided a home nurse for assisting the aged person one C.V. Thomas on 24/08/2017 by receiving Rs. 14,000/- as advance of salary and    Rs. 3,000/- as service charge.  It is deposed that only 14 days the 1^st home nurse served the said C.V. Thomas and due to dissatisfaction of her job the opposite party taken back the said home nurse.  It is seen that only 14 days the 1^st home nurse served the old man and subsequently a home nurse by name Ramla served him. It is deposed that the complainant had paid the whole salary of Ramla directly and the complainant sent another Rs. 6,500/-to opposite party through bank transaction.  In order to substantiate the above said contention PW1 relied Ext. A1 the copy of payment receipt dated: 24/08/2017 for Rs. 17,000/- and prove the bank transaction.  He produced and marked the statement of account dated: 30/01/2018 of SBI Elathoor Branch.  Ext. A3 dated: 28/03/2018 is a receipt signed by the 2^nd home nurse Ramla Majeed in favour of the complainant.  If we go through Ext. A3 we can see that the complainant paid the whole salary to Smt. Ramla Majeed for her service in complainant’s house.  In this case as discussed earlier the opposite party set ex-parte, therefore the evidence adduced by PW1 is unchallengeable as far as in this case is concerned.  The evidence adduced by the complainant before the Forum is credible and believable to arrive a conclusion at this stage. When we look into the available evidence before us it is crystal clear that the opposite party is keeping the advance amount Rs. 14,000/- in their hand without any justifiable ground.  It is the duty of the consultancy service to act reasonably and fairly to their customers.  In this case opposite party failed to maintain the service which we expected from their part.  Therefore we find that the opposite party committed deficiency in service against the complaint and opposite party is liable to the complainant.  Hence Point No.1 & 2 found in favour of the complainant.

5. In the result we pass the following orders.

(1). The opposite party is hereby directed to refund the advance

      amount of Rs. 14,000/- (Rupees Fourteen Thousand only) to the

      complainant within one month of receipt of this order. If fails the

      opposite party is liable to pay 10% interest to the said amount

      from the date of filing of this case. i.e., 23/04/2018.

                 (2). The opposite party is hereby directed to pay a compensation of

                       Rs.5,000/- (Rupees Five Thousand only) and a cost of Rs. 2,500/-

                       (Rupees Two Thousand and Five Hundred only)to the complainant

                       with 10% interest from the date of receipt of this order onwards.

                    Dictated to the Confidential Assistant, transcribed and typed by her, corrected by me and pronounced in the Open Forum on this the 25^th day of September, 2018.

                                                                                              (Sd/-)

                                                                   P. Satheesh Chandran Nair,                                                                                                                                                                                                                                              

                                                                                          (President)

Smt. Sheela Jacob (Member)               : (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  : Ouseph Abraham,

Exhibits marked on the side of the complainant:

A1 : Copy of receipt dated: 24/08/2017. 

A2 : Statement of account of SBI. 

A3 : Dated: 28/03/2018 is a receipt signed by the 2^nd home nurse Ramla Majeed

       in favour of the complainant.

Witness examined on the side of the opposite parties: Nil

Exhibits marked on the side of the opposite parties: Nil.

                                                                                               (By Order)

Copy to:- (1) Ouseph Abraham,

 Kottakkupurathu Veedu,

                    Elanthoor PO, Pathanamthitta – 689643.                                    

                        (2) Sumangala Mohan,

                             Care Consultancy, Lithamammoottil Building,

                             Kurishukavala, Thiruvalla PO – 689101.

                        (3) The Stock File