The case of the complainant, in brief, is that the petitioner following the advertisement of the news paper in the Kalam daily contacted the OP and deposited the original passport who requested the complainant to deposit a sum of Rs.1,50,000/- for confirming his job. The complainant deposited 1st installment on 18.2.2014 amounting to Rs.49000/-, 2nd installment on 01.03.2014 amounting to Rs.49500/-, 3rd installment on 10.3.2014 amounting to Rs.11000/- and last installment amounting to Rs.40000/- in the name of Hyatt Imran and deposited total amount of Rs.149500/- to the OP. He also deposited a sum of Rs.4500/- for medical purpose to the OP in the office address. On 05.03.2014 and subsequently on 22.05.2014 the OP gave a Xerox copy of agreement and visa copy and ultimately it was false. The petitioner requested the OP to return back the amount but the OP did not communicate him then he by sending an advocate letter requested to return back the amount of Rs.150000/- to the petitioner and subsequently he went to the office of the OP to get back the deposited amount but of no result. The advocate of the petitioner requested the OP to transfer the said amount to the petitioners account within 15 days but the OP did not repaid the said amount. Getting no alternative the complainant filed the instant complaint before this Forum for redresssal as prayed in the prayer portion complaint. He prayed to return back a sum of Rs.154500/- , a sum of Rs.200000/- for damage and compensation and litigation cost.
Despite receiving notice OP did not turn up so the proceeding runs ex-parte against him.
Complainant filed evidence on affidavit in which he stated the averments of the complaint petition so it is needless to discuss.
Ex- parte argument advanced by the advocate of the complainant heard in full. He also filed the written notes of argument which is taken into consideration for passing final order.
From the discussion herein above, we find the following Issues/Points for consideration.
ISSUES/POINTS FOR CONSIDERATION
1. Whether the Complainant Md. Arman ‘Consumer’ of the opposite party?
2. Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3. Whether the O.Ps carried on unfair trade practice/rendered any deficiency in service towards the Complainant?
4. Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
DECISION WITH REASONS
In the light of discussions here in above we find that the issues/points should be decided based on the above perspectives.
(1).Whether the Complainant Md. Arman ‘Consumer’ of the opposite party?
From the materials on record it is transparent that the Complainant is a “Consumer” as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986.The complainant herein is the consumer of the OP, as complainant paid a sum of Rs.1,54,000/- for getting a job in abroad from the OP. So complainant is the consumer and OP is the service provider.
(2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
The complainant being the resident of district Hooghly and cause of action took place at this district so this complaint has territorial jurisdiction. The complaint valued Rs.354,500/- including litigation cost, compensation for physical harassment and mental agony ad valorem which is within Rs.20,00,000/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
(3).Whether the opposite party carried on Unfair Trade Practice/rendered any deficiency in service towards the Complainant?
The complainant being attracted by the advertisement of OP in daily newspaper namely ‘ Kalam’ contacted the OP. And being advised by the OP he deposited a sum of Rs.149,500/- in four installments into the account of Hyatt Imran (OP herein). He also deposited a sum of Rs. 4500/- in cash in the office of the OP. After getting totaling amount of Rs.154000/- the OP issued a Xerox copy of agreement & visa copy which is false, fabricated & concocted document according to this complainant. Then he tried to contact the OP but the OP did not receive the telephonic call of the complainant. Later he served one advocate notice/ letter to the OP demanding the money that he paid. In reply the advocate of the OP assured on behalf of the OP that he is agreeable to pay the amount of Rs.150,000/-. Getting no money the complainant again served another advocate notice requesting the OP to transfer the said amount to the petitioners account but the OP did not repaid the said amount. Thereafter the complainant sought the recourse of this Forum to get back the money from the OP.
After perusing the complaint petition & documents in the record that the complainant is a prey of misleading advertisement of OP. The OP not only committed civil wrong but also tried to cheat the people at large at the cost of his personal gain, so he committed criminal offences for which he is liable to be punished in different sections of Indian Penal Code. The complainant herein prayed for damages & compensation as per the consumer protection Act, 1986.
The OP collected money from this complainant to render service to this complainant but not only he failed to do the same but also refused to return back the money taken from this complainant , so the OP is deficient in providing service to this complainant and also committed unfair trade practice. As such we may safely conclude that the OP is under liability to pay the amount taken from this complainant including interest to this complainant.
4. Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?
The discussion made herein before, we have no hesitation to come in a conclusion that the Complainant abled to prove his case and the Opposite Party is liable to pay the amount taken from this complainant including interest therein as the relief contains interest so there is no question of allowing any compensation.
ORDER
Hence, it is ordered that the complaint case being No.39/2016 be and the same is allowed ex-parte against the opposite party with a litigation cost of Rs.10000/-.
The opposite party is directed to pay Rs.154,000/- including interest @ 9% per annum since the date of receiving last payment on 10.3.2014.
The OP is further directed to pay a sum of Rs.10000/- in the Consumer Legal Aid Account for unfair trade practice.
All the payment shall be made within 45 days from the date of this order.
At the event of failure to comply with the order the Opposite Party shall pay cost @ Rs.100/- for each day’s delay, if caused, on expiry of the aforesaid 45 days by depositing the accrued amount, if any, in the Consumer Legal Aid Account.
Let a plain copy of this Order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary Post for information & necessary action.
