This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complainant by filing this complaint has asub mitted that as per the advertisement in the Ananda Bazar Patrika dated 01-06-2013 to offer placement by the OP/REDIATION a Government Registered Office, in different posts according to qualifications, the complainant registered his name on payment of Rs.201/- vide receipt N o.20 dated 05-06-2013 at their Sodpur office, Kolkata and applied for the post of Accountant.

          Fact remains after the registration the complainant contacted with the OP1 who stated that the interview will be held on 8^th June, 2013 around 11 a.m. and if the petitioner is interested then he needs to clear the remaining amount of Rs.300/- and to collect the call letter of the interview from the office of OP1.

          Accordingly, the complainant has paid the remaining amount of Rs.300/- on 8^th June, 2013 and collected call letter and attended the interview in an office near J.L. Nehru Raod, Dum Dum.  After the completion of the interview when the complainant meet to OP1 who advised him to contact Mr. Amit Roy (OP2) and to know the result from him on 15-06-2013 between 8 p.m. to 10 p.m., if he did not get any call in the meantime.  As advised by the OP1 the complainant contacted with the OP2 over his mobile no.9836528482 and stated his name, address, age, qualification computer knowledge and work experience etc. who asked him to wait for another day.  Awaiting for the call fruitlessly, the complainant again contacted with the OP2 and came to know that his name was not short listed due to higher salary expectation from his side and the complainant was asked to appear for the second interview.  But though the complainant contacted with the OPs1 and 2 on several occasions but he did not get any letter for the 2^nd interview.  So, the complainant became confused and he wanted to know about their Government Registered Office but no correct answer was communicated to him by the OPs. Under such circumstances, the complainant finding no other alternative, approached this Ld. Forum against the OPs who were involved in unfair trade practice by making misrepresentation and grabbed the money from the complainant.  Hence, this case.

          On the contrary, OP1 by filing written objection, submitted that the complainant’s petition is not maintainable in the eye of law when subject matter of dispute raised by the complainant in the entire case has no cause of action and in view of the fact the present complaint is barred by limitation under the provision of C.P. Act, 1986 and at the same time it is denied that OP1 published any advertisement in Ananda Bazar Patrika dated 1^st June, 2013 and also not a fact that the complainant ever contacted for some basic information and that was at all informed by the office of the OP1 and his name was registered by paying registration fee and he was eligible to get interview letter from them.  So the case has been filed by the complainant with a mala fide intention to harass the OP and the same shall be dismissed with cost for the interest of justice.

Decision with Reasons

In fact, relying upon the fact as disclosed in the complaint and testimony of the complainant and documents and also considering the argument as advanced by the Ld. Lawyer of the complainant and payment receipt of Rs.501/-, it is evident that the complainant paid the above sum for applying his job as advertised by the OP.

          On proper evaluation of argument in this regard, we have gathered that it is true that on going through the advertisement in Ananda Bazar Patrika dated 01-06-2013 for placement in various job by the OP/Rediation, the complainant contacted with them and applied for the post of Accountant on payment of Rs.501/- as Registration Fee vide its receipt No.20 and enrolled his name to the OP1 who assured them of giving 3(three) interview calls and to provide in service.  But ultimately the OP1 did not respond/guide or gave the interview calls after first one in spite of assurances given by them.  Every time OP1 had made false commitments and tried to delay the issue in connection with the placement of job of the complainant.

          The main contention of the complainant is that the OPs graved money from him giving false assurances and while he wanted to know about Govt. Regn. Number as advertised by the OP/M/s. Rediation, they did not reply correctly.  So, it is a fact that to allure the unemployed youths including complainant, they published such type of false advertisement in the leading newspaper and cheated the job seekers on the plea to register their names on payment for enrolment fees and for appearing at the interview in different places in spite of having no registration number of the Government of the OP.

          In our view, this practice adopted by the OP is not only a case of misrepresentation through misleading advertisement to deceive the complainant/job seekers but also OPs adopted unfair trade practice when complainant failed to get service as consumer.  Therefore, we direct the OPs to desist from such practice/activities in future.

          In the state of affairs, we are inclined to hold that there was deficiency and unfair trade practice on the part of OPs as enshrined u/s.2(1)(g) and (r) of the C.P. Act, 1986, for causing hardship mental pain anxiety and playing with the career of the complainant in such a heinous way and, as such, the OPs are jointly and severally liable to refund enrolment fee of Rs.501/- and also to pay by way of compensation at least Rs.5,000/- along with litigation cost of Rs.2,000/-.

          In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest against the OPs with a litigation cost of Rs.2,000/- (Rupees Two thousand only).

          The OPs are jointly or severally directed to refund the enrolment fees of Rs.501/- (Rupees Five hundred one only) and also pay compensation of Rs.5,000/- (Rupees Five thousand only) to the complainant for such heinous act to the job seeker as rendered by the OPs.

          For adopting unfair trade practice OPs are imposed a punitive damages of Rs.20,000/- (Rupees Twenty thousand only) which shall be deposited to this Forum.

          The OPs shall have to comply the above order very strictly within 30(thirty) days failing which for each days delay and disobedience of Forum’s order OPs shall have to pay penal interest @Rs.100/- per day till full satisfaction of the decree which shall be deposited to this Forum and, if any reluctant attitude of the OPs are found in complying the Forum’s order in that case penal proceeding u/s.27 of the C.P. Act, 1986, shall be initiated against the OPs and further penalty shall be imposed.