RAJASHREE AGARWALLA,MEMBER:-
Deficiency in service in respect of non-refund of security deposit is the allegations arrayed against Ops.
2. Complaint, in brief reveals that, Complainant being an educated unemployed Commerce graduate, in search of a job registered his name with Op A2Z, Solution Company for getting a job by depositing Rs. 500/-. The Op. being a Job Provider assured the Complainant to provide a job in ICICI Bank Ltd., subject to deposit of Rs. 36,600/- by the complainant as security deposit. Complainant expressed his inability to deposit said amount and after negotiation, complainant deposited Rs. 9,000/- as security deposit before the Op on dt. 22.05.2018 for availing the job. But Op has failed to provide the assured job to the complainant, inspite of several requests, and on contact, Op is not refunding the security deposit, finding no other alternatives this complaint is filed before this Forum for refund of RS. 9,500/- deposited before Op-Company and also preys for a direction to Op to pay Rs. 21,000/- as compensation for mental agony aongwith cost of litigation. The cause of action of the instant case arose, when the advertisement of job was displayed in the mobile-phones allover India including the territorial limits of this Forum.
3. Op-A2Z, Solution Company on receipt of the Notice appeared through their Ld. Counsel and filed written statement into the dispute denying the allegations of the complainant and on the facts of the dispute addmits that complainant by way of mutual understanding deposited Rs. 500/- as Registration fees and deposited Rs. 9,000/- on dtd. 22.05.2018 as consultancy charge for availing the job. As no suitable job as per the choice of the complaint was available, Op is ready and willing to pay Rs. 9,000/- as per the terms & condition between the parties. It is also averred that, Complainant ceases to get his job by his own conduct, under this circumstances, the complaint is liable to be rejected being devoid of any.
4. Takeup the hearing of the case on merit as non-appears from the side of the parties at the time of hearing. Complainant to support his case filed attested photocopies of acknowledgement receipt dtd. 15/05/2018, money receipts dtd. 22/05/2018 bearing serial no. 4970 and copy of the e-mail correspondence between the parties. The admitted facts of the case are that, Complainant in search of a job deposited Rs. 9,500/-(Rs. 500/- on 15/05/2018 as Regd. fees and Rs. 9,000/- for service charges) before the Op-service provider. It is also admitted that Complainant has not availed a suitable Job as per his choice and Op-service provider is ready to refund Rs. 9,000/- to the Complainant. When the refund of Rs. 9,000/- is admitted by Op, in our opinion the major part of the allegations are complied. The only thing to be decide here that whether the Regd. fees amounting of Rs. 500/- and compensation or cost of litigation can be awarded as preyed by the complainant? In the case inhand, the written statement of Op is silent regarding refund of Registration fees of Rs. 500/-. We, examined the terms & condition printed in backside of the money receipts dtd. 22.05.2018. In the said terms& condition, it is no where mentioned that fees shall not be refunded to the candidate, rather in certain circumstances the Registration will be cancelled and in the instant case the Registration of the complainant is not cancelled as per the written statement of Op. So, Complainant is entitled to get back his Registration fee of Rs.500/-(Rs. Five hundred only). Further, as the complainant after entered into litigation redress his grievances, he deserves to get a cost of litigation.
Having observations reflected above, it is directed that, Op shall refund the amount of Rs. 9,500/-(Rs Nine thousand five hundred only) alongwith 6% S.I.P.A. calculating from dtd. 22.05.2018 to till its realization alongwith Rs. 1,000/- (Rs. One thousand only) as cost of litigation. The total ordered amount shall be released within one month of receipt of this order, failing which action will be initiated against the Op as per the provisions of C.P.Act-1986.
Complaint is allowed in part with cost on merit.
Pronounced in the open Court, this the 31th day of January,2019.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
