By Smt. Beena. M, Member:
This is a complaint preferred under Section 35 of the Consume Protection Act 2019.
2. Brief facts of the case are as follows:- The Complainant is a Nursing & Midwifery (BSC/GNM) qualified person and while she was working as such, a company named LASCOPE MAKER Consultancy Power Ltd. contacted the Complainant promising to provide her a job as a nurse at Amager Hospital, Helsinki in Finland, and according to that, Rs. 7,00,000/- was required as a visa processing charge to get her nursing visa to Finland. The Opposite Party informed that she should pay first Rs. 3,50,000/- as advance, then the remaining amount should be paid when the visa was ready. Based on that, as visa was ready to the Complainant, on the offer of the Opposite Party, and then the Opposite Party requested advance of Rs. 50,000/-. Rs. 50,000/- was sent to the account of the Opposite Party from Canara Bank, Perikkallur, Pulpally by Akhil Sabu, the brother of the Complainant. Then as requested by the Opposite Party, on 11/05/2010, the Complainant’s father and uncle went to the Opposite Party’s Company Liscope Maker at Thiruvananthapuram, along with eligibility certificate, passport and related documents. At that time, the Complainant handed over Rs. 3,50,000/- to the Opposite Party. Thereafter, the Complainant was frequently contacted by the Opposite Party regarding visa processing and after being informed by the Opposite Party, She was asked to go to Ernakulam for medical test and attended the medical test at the institution. The Opposite Party informed through phone that the e-visa has been sent to the Complainant through mail. Accordingly, the Complainant was informed to get ready for the trip to Finland and a copy was sent on whatsapp, stating that the air ticket was ready for the trip to Finland, from Delhi airport via Amsterdam on 14. 11.2018 and on 02.08.2018, the Complainant and her husband gave the remaining amount of Rs.3,00,000/- was given directly to the Opposite Party at the establishment of the Opposite Party. At that time, they showed the documents regarding the journey to the Complainant in the computer of the Opposite Party’s organization and promised to handover the flight ticket and visa directly at Delhi at the time of departure for journey. As such, as per the instructions of the Opposite Party, the Complainant had arrived in Delhi with preparations to go abroad, along with 13 other persons from Ernakulam on 09.09.2018. It was informed that the journey was on 11.09.2018 by Delhi- Finland flight. On the above date, the Complainant and others were preparing to leave, but the Opposite Party informed them that the flight scheduled for the night of 10.09.2018 was cancelled and assured that they could book another flight ticket within two days and so they were asked to stay in Delhi. The Complainant with other persons took a room in Delhi Air Lift Hotel and the Opposite Party paid for the food and lodging expenses for two days, but later, the Opposite Party refused to pay the hotel room rent or expenses and kept the Complainant and others in Delhi for four months and the Opposite Party misled and dragged them on various dates and circumstances. While the Complainant and others went directly to the Embassy of Finland in Delhi to check the visa documents issued by the Opposite Party, it came to know that all the travel documents given to the Complainant and others were fake. In addition to the above, the Opposite Party copied the website of Amarger Hospital, created fake documents and showed it to the Complainant and others and made them believe it. After realizing which the Opposite party had deceived the Complainant and her companions, the Complainant and others enquired in details about the matter, the Opposite Party had told that he did not know about the documents or the trip and the Opposite Party escaped with the excuse that the person named, Sibi had cheated them. The Complainant has been incurred Rs. 4 Lakhs for preparations to go abroad as per the instructions of the Opposite Party and then expenses for travel, accommodation and food etc. as required in various and then for staying in Delhi for four months. Realizing that the Opposite Party had cheated the Complainant of Rs. 7 lakh and made an unfair profit by offering a visa to the Complainant, the Opposite Party escaped by saying that he would return the money taken by the Opposite Party. The Opposite Party assured that he would return the 7 lakh rupees defrauded as per above and the Opposite Party agreed to give Rs. 3,50,000/- on 13/02/2019 and the remaining 3,50,000/- on 08/03/2019. An agreement dated 28/12/2018 was written and signed by the parties before the witnesses and given to the Complainant. After that the Opposite Party did not give the amount to be returned on the date fixed as per the agreement and then the Complainant contacted the Opposite Party several times through the phone, the Opposite Party gave various reasons and then on 13/01/2020 Rs. 35,000/- was deposited into the account of the Complainant and Rs.50,000/- remitted on 24/01/2010. In the above manner Rs. 85,000/- has been returned by the Opposite Party to the Complainant. Therefore, the Opposite Party is liable to the Complainant for the remaining amount. Here, the Opposite Party cheated the Complainant by offering her a visa and cheated her of Rs. 7 lakhs, made her to stay in Delhi for four months and made her spend a huge sum of money and then promised to return the sum as per the agreement dated 28/12/2018. Then the Complainant issued a lawyer notice on 06.07.2020. The Opposite Party even after accepting notice, neither sent any reply nor acted as per the notice. Then the Complainant lodged a complaint against Opposite Party to the Wayanad Police in Chief, the Pulpally police registered a crime No. 807/2020 U/S 420 IPC and Investigation is pending. The Opposite Party had cheated the Complainant by receiving huge sum of money by promising to provide the necessary service to secure her work abroad causing financial loss and mental agony. Hence this Complaint.
3. The Opposite Party entered appearance before the Commission and submitted version.
4. The Opposite Party in his version states that the Opposite Party has no firm named Lascope Maker. The Opposite Party was not informed to the Complainant that should be paid Rs. 7,00,000/- as charge for processing the Visa per the promise to fix the Amarger Hospital in Helsinki in Finland and to pay Rs. 3,00,000/- as an advance and after that the remaining amount should be paid when the visa is prepared. Subsequently, transfer of Rs. 50,000/- to the Opposite Party’s account by the Complainant’s brother through his account on 30/04/2018 is false and fraudulent. The Opposite Party states that he is a nursing student, actually happened was that a couple named C.B Jose and Bindu Jose the head of an organization called Edu Crisp, approached 14 people including the Complainant and Opposite Party saying that they would fix the visa for nursing work at Amarger Hospital in Helsinki, Finland and cheated them by grabbing 7 lakhs rupees without giving and taking them to the job. The aforesaid C.B Jose and Bindu Jose based in Kottayam Kuravilangad, have taken money from many candidates and cheated them in a widespread manner. Based on this, there are many cases against them. There are so many cases against them in police stations like Kuruvilangad, Kaduthuruthy, Parassala. Edu Crisp is a company that has cheated the Complainant and the Opposite Party by saying that they would fix visa. The Opposite Party borrowed Rs. 80,000/- from Complainant in financial difficulty. Later the Opposite Party returned the amount with interest Rs. 95000/- as requested by the Complainant on several occasions. Rs. 50,000/- was paid from the Complainant’s brother through his account. The Complainant is trying to recover the lost money by filing a case against the Opposite Party. The Opposite Party has no affiliation with the above agencies. The Complainant is well aware of that. Allegedly, the Complainant and others at the instigation threatened the Opposite Party and signed and bought aggregators and filed a false case in Pulpally police station and got an FIR under influence. In fact, the Opposite Party is being threatened by the Complainant and others, and fake documents have been made by claiming to be a visa fraudster. This was done by misrepresenting that the Opposite Party is also a member of the agencies. It is false and wrong. The Opposite Party like the Complainant, he lost money while preparing to go abroad is a candidate. Other statements are false and misleading. The Opposite Party did not contact the Complainant periodically for visa processing or asked her to go to Ernakulam for medical test. He has not said that he has got his visa and is planning to travel to Finland on 14/11/2018, It is stated that on 02/08/2018, Rs.3,00,000/- was paid directly to the Opposite Party by the Complainant and her husband at the establishment of the Opposite Party. It is pure fraud. No such incident happened. It has been said that the documents were shown on the computer at that time and that the original visa and travel documents could be given at the time of travel in Delhi is false. It is also true that on 09/09/2018, 14 people including the Complainant and the Opposite Party went to Delhi to go to Finland and from Delhi where they took a Finland flight on 11/09/2018 morning. The agency informed that the trip scheduled to go on the night of 10/09/2018 was cancelled. Later he was informed that he would be able to travel within two days, but it did not happened. It is true that he could not go to Finland even though he later stayed in Delhi. On enquiry at the Finland Embassy, it was found that the travel documents were fake. By copying the website of Amarger Hospital, the above mentioned C.B Jose and Bindu Jose created forged documents and framed the group including the Opposite Party and the Complainant. Most of the arrivals were women. The trip on Finland was made by the Opposite Party to speak on behalf of the agency’s conclusion. The allegation of the Complainant is absolutely false and frivolous. The Opposite Party argued in their version that the complaint is to be dismissed.
5. The Complainant has filed proof affidavit and she was examined as PW1 and more witnesses were examined on the side of the Complainants as PW2 to 4 and documents produced were marked as Ext. A1 to A10. No oral evidence adduced for the Opposite Party. Written arguments of Opposite Party filed.
6. Points for consideration:-
1. Whether there is any deficiency in service from the part of Opposite
Party?
2. Whether the Complainant is entitled to get any relief as prayed for?
7. Point No 1 & 2 :- For the sake of convenience and brevity all the points are considered together.
8. The allegation of the Complainant is that the Opposite Party with an intention to cheat the Complainant convinced the Complainant that he would arrange a nursing visa for the Complainant. Thereafter, the Opposite Party collected a total amount of Rs. 7,00,000/- and thereafter did not comply with the promise.
9. The contention of the Opposite Party is that the allegations raised against him are false and he has not committed any offence as alleged. The Opposite Party also contended that he has not offered any job visa or nursing visa to the Complainant and that he never collected the above said amount.
10. We have carefully gone through the documents on record. Ext A2(c) is the paper news wherein a news is seen that there is a complaint regarding cheating of job visa, but alleged accused was not the Opposite Party of this complaint and no connection with this Complainant. Ext.A7 is the agreement executed by the Opposite Party in favor of the Complainant agreeing to return the amount of Rs. 7,00,000/-on or before but he had not retuned the amount so far in spite of his assurance. The Opposite Party submitted that he was forced by the Complainant and others to put his signature in the agreement, Ext.A7. But the evidence on record shows that the Opposite Party himself brought the stamp paper and put his signature in the presence of witnesses. Here, the Opposite Party has not examined any witness to show that who pressurized him to sign the agreement. The Opposite Party admits his signature on the agreement but he further contended that his signature was obtained on account of pressure or undue influence, it is for the Opposite Party to prove the averment. Moreover, if so happened, he could have lodged a Complaint before the police. But he had not acted as such. Ext A3 Memorandum of Understanding was signed by the Opposite Party as the Marketing Head of the Lascope Maker Consultants. Ext.A2(e) & Ext.A2(i) pay slips bear the signature of Opposite Party. This shows the genuineness of the allegation of the Complainant. So, we are of the view that there is no doubt that the Complainant suffered mentally and financially by the acts of the Opposite Party and the non-issuance of any reply to the legal notice issued by the Complainant definitely shows that his negligent attitude has caused mental agony to the Complainant. Ext. A4 statement of account of Akhil, brother of the Complainant, shows that on 29/06/2020 an amount of Rs 50,000/-had been sent in favor of the Opposite Party.
11. On perusal of Ext. A6 FIR, it is noticed that the Opposite Party is alleged to have committed cheating by collecting huge amount offering job visa to the Complainant producing fake visa.
12. From the above evidence, it is very clear that with an intention to cheat the Complainant, the Opposite Party obtained the money from the Complainant on the pretext of sending the Complainant to abroad.
13. In our view, the act of Opposite Party, not providing proper visa as agreed, after collecting Rs.7,00,000/- amounts to deficiency in service and unfair trade practice. The non refund of the amount by Opposite Party is a clear deficiency in service and hence we find that the Opposite Party is liable to pay the balance amount. The act of Opposite Party caused much hardship, loss and sufferings to the Complainant, so she is to be compensated. The Complainant admitted that the Opposite Party has returned Rs.85,000/- to the Complainant.
14. In the result, the complaint is partly allowed, and the Opposite Party is directed to refund Rs.6,15,000/-(Rupees Six Lakh Fifteen Thousand only) with 9 % interest from the date of complaint to the Complainant. The Opposite Party is directed to pay Rs.4,00,000/- (Rupees Four Lakh only) as compensation for mental agony and inconvenience and Rs.10,000/- (Rupees Ten thousand only) as litigation cost to the Complainant. No amount is ordered to be paid for other expenses as no documents or evidence is adduced in this regard.
The above order shall be complied within 30 days from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the open Commission on this the 14th day of November 2023.
Date of filing:03.12.2020.
PRESIDENT : Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:
PW1. Anju Salu. Complainant.
PW2. Jaimin John. A/c Tech.
PW3. John. P.S. Agriculture.
PW4. Benny. K.V. Sub Inspector of Police.
Witness for the Opposite Party:
Nil.
Exhibits for the Complainant:
A1. Copy of Letter. dt:03.04.2020.
A2(a) Copy of Letter. dt:03.07.2020.
A2(b) Copy of Complaint dt:17.02.2020.
A2(c ). Copy of Employment Contract.
A2(d) Copy of Application for Schengen Visa.
A2(e) Copy of Pay slip. dt:02.08.2018.
A2(f) Copy of e-Visa.
A2(g) Copy of Notice.
A2(h) Copy of Document.
A2(i) Copy of Document.
A2(j) Coy of Pay Slip
A2(k) Copy of Paper Publication.
A3. Copy of Memorandum of Understanding.
A4. Copy of Statement of Account for the period from 25.04.2018 to 31.05.2018.
A5(a) Copy of Letter. dt:06.07.2020.
A5(b) Acknowledgement.
A6. Copy of First Information Report.
A7. Copy of Agreement. dt:28.12.2018.
A8. Copy of Visa Details.
A9(a) Copy of Seizure Mahazer.
A9(b) Copy of Seizure Mahazer.
A10. Copy of Charge Sheet.
A11. Copy of First Information Report.
Exhibits for the Opposite Party:
Nil.
PRESIDENT : Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
