Extra Charges For Food, Lodging, Electricity In Old Age Home Not Unjust: West Bengal State Commission Dismisses Appeal Against Mahadevi Birla Niketan

Brief Facts of the Case

The complainant, a resident of Mahadevi Birla Niketan old age home/OP since 2016, stated that he and his wife paid Rs. 54,000 as an advance for six months' accommodation and services, covering the period from February to August. He claimed to have paid Rs. 4,500 per person per month but alleged that the old age home charged him an additional Rs. 4,000 for food during the months of April to July. Furthermore, the complainant highlighted that the home installed a private sub-meter for using 15 Amp plug points in his accommodation. However, he was denied access to the switch for this plug point despite being charged for 4.68 units of electricity monthly. The complainant asserted that despite several requests to the management of the old age home for a refund of the excess amount charged for food and electricity, rectification of the sub-meter, and access to the plug point, no action was taken. Frustrated with the lack of response, the complainant filed a complaint before the District Forum seeking directions for the refund of the overcharged amount, rectification of the sub-meter issue, and access to the plug point switch. Additionally, he sought compensation of Rs. 1,75,000 for the inconvenience caused and reimbursement of litigation costs. The District Forum dismissed the complainant leading the complainant to appeal before the State Commission.

Contentions of the Opposite Party

The old age home, in its written response, denied the allegations made in the claim petition and contested all the material points raised. It asserted that “Mahadevi Birla Niketan” is a non-profit organization that has been dedicated to caring for elderly individuals in society for approximately 30 years. The old age home emphasized that its operations are governed by established rules and regulations, which require any prospective resident to submit an application in the prescribed format to the management committee. Furthermore, as part of the admission process, applicants are obligated to deposit an amount equivalent to six months' charges upfront. It was asserted that these procedures are standard and in alignment with commitment to providing care to senior citizens.

Observations by the State Commission

The State Commission observed that the complainant and his wife became residents of the old age home after paying the required fees and subsequent six-monthly charges, as per the terms and conditions. The old age home later revised its charges after two years, increasing the monthly cost by Rs. 500 for food, lodging, and electricity. The lower Commission found this increase to be reasonable and not indicative of any deficiency in service. Regarding the complainant's allegation of a defective electricity meter, the Commission noted that no expert opinion was sought to substantiate the claim. During the case, the old age home, in a gesture of goodwill, installed a new sub-meter in the complainant's presence. The Commission found no irregularity or illegality in the judgment and concluded that there was no merit in the appeal, dismissing it without costs.

Case Title: Chira Ranjan Dass Vs. Shri Sajjan Kumar & Anr.

Case Number: FA. No. A/817/2019

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