Consumer commission awards man Rs 17,727 refund, Rs 10,000 compensation after domestic help leaves midway

A consumer commission in Chandigarh has directed a domestic help and caregiver service provider to refund Rs 17,727 and pay Rs 10,000 as compensation to a customer after it failed to provide caregiver services for the agreed 11-month period.

The commission, comprising President Amrinder Singh Sidhu and member B M Sharma, held that the agency was guilty of deficiency in service and unfair trade practice.

“The act and conduct of the OPs in providing the requisite services of caregiver for less than five months as against the full term of 11 months, and thereafter even not refunding the pro rata amount of 17,727 to the complainant, certainly amounts to deficiency in service and unfair trade practice,” the order dated July 6 read.

Caregiver discontinued services

According to the complaint, the man engaged the agency to provide a caregiver for his child for 11 months for a total consideration of Rs 30,000. He initially paid Rs 15,000 and later paid the remaining amount, taking the total payment to Rs 30,000.

The complainant said the agency had also obtained a detailed client information form, under which it had agreed to provide a caregiver continuously for the entire 11-month period.

However, the caregiver allegedly stopped working after less than five months. The complainant claimed that the temporary replacements later sent by the agency were incompetent and negligent, posing a risk to the safety of his infant child. Despite repeated requests, the agency allegedly failed to arrange a suitable replacement.

Alleging deficiency in service and unfair trade practice, the complainant approached the consumer commission seeking a refund of the proportionate amount, interest, compensation and litigation costs.

The agency did not appear before the commission despite being served with notice and was proceeded against ex parte.

What did Commission find?

After reviewing the material on record, the commission noted that the complainant had paid the full contractual amount of Rs 30,000 for caregiver services covering 11 months, but the agency failed to honour its commitment after the original caregiver left.

The commission also said the agency's decision not to contest the case justified drawing an adverse inference against it.

“Despite service of notice, OPs failed to appear and contest the claim of complainant and rather chose to be proceeded against ex-parte. This act of OPs draws an adverse inference against them. Non appearance of OPs shows that they have nothing to say in their defence vis a vis allegations of the complainant and the same, being unrebutted & uncontroverted, are accepted as correct,” the commission observed.

Holding the agency liable for deficiency in service and unfair trade practice, the commission directed it to refund Rs 17,727 to the complainant along with interest at 6% per annum from the date of filing of the consumer complaint.

The commission also ordered the agency to pay Rs 10,000 as compensation for the harassment caused to the complainant and towards litigation expenses.

Check order here: