D.O.F:18/02/2021
D.O.O:30/06/2021
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.47/2021
Dated this, the 30th day of June 2021
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Sajina.B.N, aged 35 years
W/o Satheesan. T
Ashadam House, Beembumgal : Complainant
Bedadka Grama Panchayath and Village
Bedadka Post, Kasaragod Taluk
Kasaragod Dist. 671541
(Adv:T.C. Narayanan)
And
Anil Kumar.K.P, 51 years
S/o Krishnan
R/at “Mynakam” Thannote, : Opposite Party
Chithari Village, Hosdurg Taluk, Kasaragod District
ORDER
SRI.KRISHNAN.K :PRESIDENT
The Complainant is filed under section 35 of Consumer Protection Act 2019.
Reliefs sought in the complaint are for refund of money paid to opposite party, evidenced by unregistered agreement. In the agreement it is shown money is paid as a debt but in complaint it is shown that money is paid for securing a job in Central University, no placement obtained as promised and hence seeking refund with compensation.
Complaint is filed on 22/02/2021. Notice is ordered to complainant for hearing on 23/03/2021 for deciding admissibility of complaint. Complainant appeared and filed affidavit and notes of argument and counsel for complainant Advocate T.C Narayanan argued the matter in length and prayed to admit the complaint.
The CDRC, considering the complaint, document produced and upon hearing the counsel passed the order on admissibility.
Issue arises in the case is whether consumer complaint by a person who paid money for securing a job in Central Government undertaking is entitled to seek relief of refund of money under the provisions of Consumer Protection Act and whether such a complaint is to be admitted as per law.
‘Consumer’ means any person who:-
- Buys any goods for consideration which has been paid or promised or partly paid and partly promised or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose.
Here no case that complainant bought any goods for consideration which has been paid or partly paid and partly promised or user of such goods and hence complainant does not come under this clause.
- Or hires or avails any service for a consideration which has been paid or promised or partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the service for consideration paid or promised, or partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person.
But does not include a person who avails of such service for any commercial purpose. Explanation for the purpose of this clause – (a) the expression “commercial purpose” does not include use by a person of goods brought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment; (b) the expressions “buys any good” and hires or avails any services” include off line or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing. Complainant did not hire or avail any service for consideration paid or promised or partly paid or beneficiary
- “Consumer dispute” means a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint.
- “deficiency” means any fault, imperfection, short coming or inadequacy in the quality nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract as other wish in relation to any service and includes :-
- Any act of negligence or omission or commission by such person which causes loss or injury to the consumer and (ii) deliberate withholding of relevant information by such person to the consumer ;
No deficiency in the performance of contract or otherwise in relation to any service and includes;-
From the discussion aforesaid complaint or affidavit does not show that complainant is a consumer under Consumer Protection Act 2019 as that it is a consumer dispute to be decided by Consumer Protection Act 2019.
Here complainant produced agreement evidencing payment of money to opposite party for business purpose repayment within three months but opposite party failed to re-pay. In the complaint, complainant says opposite party induced complainant to pay money promising arrange of a job for her in Central University Periye, but failed to obtain job, hence claiming re-fund of amount with compensation.
Prima facie payment of money for a job in Central Government undertaking and entries in to agreement and on failure seeking refund is against section 23 of Indian Contral Act as against public policy.
“No polluted hand shall touch the pure foundations of Justice”
It is necessary to show that the object of the agreement or a consideration of the agreement or the agreement itself is not unlawful.
Considering the averments in complaint, documents produced and relief claimed commission here by decide that no prima facie case is made out to admit the complaint for reasons aforesaid and hence consumer complaint rejected at the admission stage itself but without any order as to costs.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Senior Superintendent
Ps/
