Present : Sri. C.T. Sabu, President
Smt. Sreeja. S., Member
Sri. Ram Mohan R., Member
15th day of December 2022
CC 72/21 filed on 15/02/21
Complainants : Ligosh P.G., S/o Gopalan P.K., Panaparambil House,
Anthikad P.O., Thrissur – 680 641.
(By Adv. Shoby T. Varghese, Thrissur)
Opposite Party : Al Overseas, Shop No.3:1 UF, Yashwant Rao Chavan,
Ekta Nagar, Veerjita Mata Marg, Mankhurd West,
Mumbai, Nr. Sai Baba Mandir Opp., Sagar Hospital,
Pin – 400 043.
(Ex-parte)
O R D E R
By Sri. C.T. Sabu, President :
Facts of the Case as follows:
The opposite party company is one of the employment recruiting agencies for foreign countries. As per the advertisement published by the opposite party in newspaper Malayala Manorama, a Malayalam daily dtd. 05/08/2020, the complainant contacted the company and participated in the online interview as per their direction. Later the opposite party informed the complainant that he was selected and appointed as a driver in Singapore. As per the request of the opposite party the complainant paid a sum of Rs.26,786/- through the bank Account No.919020085093295 of Axis bank, Thrissur, Koorkkenchery Branch. The opposite party company promised the complainant and made to believe that VISA for Singapore will be provided within 100 days. In 20/08/2020 complainant sent all the documents to the opposite party company by email. As per their direction all the documents were sent again to another email address provided by the opposite party company on 22/10/20. The opposite party company then directed the complainant to send all the documents through courier service for the purpose of verification and accordingly complainant sent all the documents through courier service on 02/11/2020 including his Birth Certificate and Cast Certificate. On 29/12/2020, the opposite party company then asked the complainant to send the complainant’s bank passbook which was also complied.
2) The opposite party company accepted all the documents and the money from the complainant but did not issue the VISA for Singapore. So far the complainant contacted the company several times to issue the VISA but they kept on denying VISA to the complainant stating one or other reasons. The situation being in stalemate the complainant was not in a position to join in any other company for a long period. The complainant lost about three other chances to join another companies abroad. The complainant believed that the opposite parties have received the money and service with an intention to cheat and deceive the complainant. The act of the opposite party amounts to deficiency in service and unfair trade practice. Hence preferred this complaint.
3) Proper notice was issued to the opposite party by the Commission. The opposite party has not cared to enter appearance or filed their version before the Commission. Hence proceedings against the opposite party was set ex-parte and posted for evidence of the complainant.
4) When the case came for evidence the complainant filed proof affidavit in which he affirmed and explained all the averments made in the complaint. To prove the facts 7 documents were produced from the side of complainant along with the proof affidavit. The documents produced are marked as Exts. A1 to A7. Ext. A1 is the Deposit/Pay in Slip of Axis Bank dtd. 21/09/2020. Ext. A2 is the copy of Receipt dtd. 21/08/20. Ext. A3 is the copies of Email communications between the complainant and opposite party. Ext. A4 is the carbon copy of Receipts dtd. 22/10/22, 02/11/20 and 30/12/20 issued by DTDC Express Ltd. Ext. A5 is Advertisement published in Malayala Manorama Daily dtd.05/08/2020. Ext. A6 is the copy of Interview details between the complainant and opposite party. Ext. A7 is the acknowledgement receipt issued from Anthikkad Police Station dtd. 19/01/2021.
5) We have gone through the contentions of the proof affidavit and perused the documents produced from the side of the complainant. As there is no contra evidence we have no other option than to believe the proof affidavit of the complainant and is convinced with the facts of the complaint. We are in the view that the opposite party deliberately evaded the process of law. There is deficiency in service and unfair trade practice on the part of the opposite party. Hence we are inclined to allow the complaint.
6) In the result, complaint is allowed and the opposite parties are directed to pay Rs.26,786/- (Rupees Twenty Six thousand seven hundred and eighty six only) received from the complainant along with interest @ 12% from 21/08/2020 from the date of payment. Also directed to pay Rs.50,000/- (Rupees Fifty thousand only) as cost of compensation towards this complaint. The order shall be complied within 30 days on receipt of copy of this order. Failing which, the complainant is entitled for interest @12% for the entire amount till realisation.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 15th day of December 2022.
Sreeja S. Ram Mohan R C. T. Sabu
Member Member President
Appendix
Complainant’s Exhibits :
Ext. A1 Deposit/Pay in Slip of Axis Bank dtd. 21/09/2020.
Ext. A2 copy of Receipt dtd. 21/08/20.
Ext. A3 copies of Email communications between the complainant and opposite
party.
Ext. A4 carbon copy of Receipts dtd. 22/10/22, 02/11/20 and 30/12/20 issued by
DTDC Express Ltd.
Ext. A5 Advertisement published in Malayala Manorama Daily dtd.05/08/2020. Ext. A6 copy of Interview details between the complainant and opposite party. Ext. A7 acknowledgement receipt issued from Anthikkad Police Station dtd.
19/01/2021.
President
