The Thrissur District Consumer Disputes Redressal Commission in Kerala has penalized a home nursing agency for service deficiency after a nurse abruptly stopped caring for a bedridden elderly woman and the firm failed to provide a replacement. The consumer forum directed the service provider to refund Rs 4,000 to the complainant and pay Rs 20,000 in compensation and litigation costs within 45 days.
Commission Cites Severe Failure In Continuous Care Obligations
In an order issued on August 6, a bench comprising Commission President C. T. Sabu and members Sreeja S. and Ram Mohan R. stated that the primary objective of hiring a home care agency is to secure uninterrupted attention for individuals who cannot care for themselves. The panel observed that accepting payment and subsequently failing to supply a substitute worker for a bedridden patient constitutes a grave lapse in service.
Background Of The Agreement And Discontinuation
The complaint was filed by Sindhu Paul, an employed woman whose elderly, bedridden mother has resided in an old age home since August 2024. Unable to personally manage her mother’s daily needs, Paul engaged the agency to supply a qualified home nurse at a monthly fee of Rs 20,000 for 28-day service periods.
According to Paul, payments were remitted regularly. However, in February 2025, during the sixth month of engagement, the deputed caregiver suddenly deserted her duties without prior notice or explanation, leaving the elderly patient unassisted.
Failure To Deploy Substitute And Ex Parte Decision
Paul reported that despite numerous requests for an immediate replacement, the agency repeatedly gave verbal assurances but never sent another nurse. Furthermore, the agency declined to return Rs 4,000 owed for the unfulfilled portion of the service contract and subjected her to rude treatment when she followed up.
The agency failed to submit a response or appear before the consumer forum, prompting the panel to hear the case ex parte.
Financial Relief And Compensation Awarded
Acknowledging the severe anxiety, hardship, and financial loss caused to the complainant, the commission ruled that the agency must return the unearned balance of Rs 4,000. It also awarded Paul Rs 15,000 as compensation for mental agony and service deficiency, along with Rs 5,000 to cover legal expenses.
