Infant’s caregiver quits midway, man to get Rs 27,000 payout from agency

Caregiver leaves midway

According to the complainant, he had entered into an arrangement with the caregiver service providers for availing the services of a caregiver for his child for a period of 11 months for Rs 30,000 and made an initial payment of Rs 15,000. It was stated that he made a further payment of 15,000.

The complainant said that they also obtained a detailed client form from him, according to which the caregiver was required to be deputed for a continuous period of 11 months.

The complainant alleged that the said caregiver abruptly left midway after serving for less than five months in gross violation of the assurances.

The complainant alleged that the temporary replacements subsequently 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 provide a suitable replacement.

Alleging deficiency in service and unfair trade practice, the complainant approached the consumer commission seeking refund of the pro rata amount along with interest, compensation and litigation expenses. The opposite parties did not appear before the commission despite being served with notice and were proceeded against ex parte.

Agency held liable

Examining the records, the commission noted that the complainant had paid the full contractual amount of Rs 30,000 for an 11-month caregiving service and that the agency had failed to fulfil its contractual obligation after the original caregiver left. It further observed that the non-appearance of the opposite party before the commission drew an adverse inference against them.

“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 the agency to refund the amount of Rs 17,727 to the complainant along with interest at the rate of 6 per cent per annum from the date of filing of the consumer complaint.

It further directed to pay Rs 10,000 to the complainant as compensation for the harassment caused as well as litigation expenses.

Consumers facing grievances may contact their respective state consumer helplines (Chandigarh helpline: 1800 300 11 007) or call the National Consumer Helpline at 1915 for assistance.