Order-15.
Date-27/04/2015.
Complainant Sri Partha Das by filing this complaint has submitted that op is an authorized agent and organization who deals with services like providing jobs to the needy people as their needs upon being getting enrolled with the op no.1 by depositing and paying the registration charges and op no.2 is the sole proprietor of the said concern.
Complainant being an unemployed and is search of a suitable jobs at airlines came in contact with the ops through newspaper advertisement and internets advertisement and thereafter complainant enrolled himself under the ops for the purpose of airlines job by paying the registration fee of Rs. 5,000/- on 23.02.2011 and that on the same day an agreement was also executed by and between the complainant and the ops dated 23.02.2011 upon certain terms and conditions and the total agreed payment was fixed at Rs. 20,000/- out of which complainant paid a sum of Rs. 5,000/- on the same day and the rest amount of Rs. 18,780/- including service tax, processing fee and remaining balance amount was paid by complainant towards the ops on later dates.
From the convenants of the said agreement dated 23.02.2011 paragraph no.3 (b) it is well settled that the entire placement procedure shall take two months to complete and further in paragraph no. 3(d) of the said agreement it is also stated that if the first party failed to provide the placement within the time period then the first party/ops have to refund all the service charges to the second party/complainant without any objection.
Thereafter complainant waited for a long but the ops showed no gesture to help the complainant for providing any manner of suitable airlines job. Thereafter complainant went to the office of the ops and stated that he is an unemployed and is dire need for a job. But ops always gave him false assurance to the complainant by providing suitable bob at the earliest but fact remains that till date ops deliberately failed and neglected to provide adequate service to the complainant after taking the entire registration fee for providing such services.
Thereafter complainant received a letter from the ops requesting the complainant to wait for some more times as his file is in progress and complainant had a lot of faith upon the ops and waited for his job. But even after that waiting for months nothing happened and finally complainant went to the office of the ops and asked them to refund the money but the ops no.2 being the sole proprietor of the op no.1 had issued a cheque amounting to Rs. 15,000/- dated 16.04.2011 which later on after due presentation was returned/ dishonoured due to insufficiency of fund.
Thereafter complainant went to the office of the op and narrated all such incidents and op no.2 gave cash amount of Rs. 2,500/- and promised to repay the rest amount within one month. But thereafter month after month passed away but the op took no initiative neither to fine him any job nor refunding the remaining amount in his favour.
Suddenly in the year of 2012 op no.2 called the complainant and told him that he arranged for a suitable airlines job for him at Go Air and the date of interview was fixed on 03.05.2012 and complainant became happy and op no.2 further told the complainant to pay Rs. 45,000/- more for this job and then complainant arranged the said sum of Rs. 45,000/- by procuring financial assistance from her mother and paid the said sum ot the op no.2 and op reported the complainant that the said amount of Rs. 45,000/- shall be deposited to Go Air as security refundable money and Go Air also issued one letter to the complainant stating that the complainant shall be recruited for CSA post.
But thereafter medical examination was also held at Apollo Hospital and the total medical bill amounting to Rs. 5,150/- and thereafter complainant obtained no objection certificate from the police authority stating that there are no criminal case pending against him. But utter surprise of complainant after depositing the said amount of Rs. 45,000/- no interview took place. Practically ops defrauded the complainant by taking a sum of Rs. 73,930/- in total and they have not rendered any service and practically they adopted unfair trade practice. Complainant lodged FIR at Hare Street Police Station P.S. Case No. 204/2014 dated 21.03.2014 but the policy is inactive.
Fact remains that op assured the complainant to provide a job of salary of Rs. 15,000 to Rs. 18,000/- per month and from 2011 till date on 2014 complainant remained unemployed and in the circumstances, complainant has prayed for refund of money and compensation including litigation cost.
On the other hand notice was duly served upon the ops and thereafter op no.2 by filing written statement stated that complainant entered into an Agreement with the op no.2 and it was agreed by and between the parties that “1st party will provide placement to the 2nd party in Airlines or any Airport related job under direct/indirect/contractual pay roll, which the 2nd party/complainant is agreed and aware of its facts” and after execution of the said Agreement the op no.2 arranged job in airlines that is in Go Airways and an appointment letter was also sent to the complainant on behalf of the said Airline Company via electronic mail at first and thereafter hard copy of the Appointment Letter was also sent at the residential address of the complainant inviting the candidate to join the said company on 17.11.2012 but the candidate refused to accept the said job as in his opinion it was not a suitable service for him.
Op no.2 arranged the same job for him, although it was very difficult for the op no.2 to arrange it again but on sympathetic ground op no.2 again requested the said airline authority concerned to recruit his candidate and on being requested the said company again agreed to appoint said Sri Partha Das and issued an appointment letter dated 08.03.2013 at Kolkata Airport. The complainant did not appear before the employer on the date fixed by the said authority with the necessary documents and when the op no.2 came to know that the complainant did not appear and op no.2 contacted the candidate over telephone and enquired why he did not join his service. Complainant replied that the service conditions were not satisfactory for him and after discussing the matter with his parents he decided not to join the service and requested the op for arranging job in any other airline company.
Then op no.2 arranged another service in Bhadra in the Post of Guest Relationship Executive at NSBC Airport Kolkata and instructed the complainant to submit certain documents within 25.04.2013 and in the said election letter it was clearly mentioned that the above documents should be submitted to us within 24 hours from the date of issuance of this letter, failure to such communication ops will accept the complainant’s resignation and not interested upon and deposited security deposit amount will be forfeited.
Op no.2 intimated the complainant that he lost three golden opportunities to build up a bright career in airlines and op no.2 also intimated the complainant that no further job shall be arranged for him as the op fulfilled his contractual obligation of providing job as per the terms of the contract entered between the op no.2 and further it is submitted that the complainant is not entitled to get refund of the amount of Rs. 20,000/- which he had actually paid to the op no.2 as three times the complainant received appointment letter from the proposed employer but due to whimsical and casual attitude of the complainant, he failed to avail of the opportunity as given by the op by filing false allegation, this complaint is filed. So, this complaint should be dismissed.
It is further submitted that op no.2 for refund of money deposited by the complainant and immediately op no.2 issued cheque of Rs. 15,000/- dated 16.04.2011 on HDFC Bank, but the complainant did not encash the same and immediately he started to request the op no.2 to arrange a suitable job for him as he was in dire need of the same and he also intimated the op no.2 that he would not encash the said cheque. But fact remains that without intimating op no.2 complainant submitted the said cheque to bank when there was no sufficient amount for which the cheque was dishonoured.
Thereafter complainant came at the office of op no.2 on 17.05.2011 and told him that he deposited the cheque and the same had been returned back for insufficient of fund. Op no.2 immediately made payment of Rs. 2,500/- by cash and intimated the complainant that cash payment of rest of the amount should be refunded back within 15 days . But complainant again and again requested for a suitable job. It is further submitted that Go Airline issued appointment letter which is a private limited company and complainant deposited the said amount to the said authority but not to the op and from the copy of the bank pass book annexed by the complainant (page 15 of complaint) it is clear that a cash amount of Rs. 45,000/- was withdrawn on 30.11.2012 but such cash amount of the complainant was never paid to the op no.2 and the complainant has not produced any document in support of his claim and further denied all other allegations and prayed for dismissal of this case on the ground that the entire complaint is false and fabricated. But other ops have not appeared before this Forum.
Decision with reasons
Fact remains that Suvendu Chatterjee op no.2 filed their written statement in this case and he is the sole proprietor of M/s. Blue Line Arrow and they are filing written statement and considering the complainant’s written statement, it is clear that op no.2 has admitted that for the purpose of providing airlines job he received money from the complainant and no doubt Rs. 5,000/- received initially on 23.02.2011 and subsequently complainant paid Rs. 18,780/- on 02.03.2011 and that document is also filed and it is infirm of agreement and that was deposited as refundable security amount.
Fact remains that the op entered into agreement with the complainant for the purpose of providing service, then no doubt op is a service provider. Now question is whether ops provided any service. Fact remains that for the purpose of giving service to the complainant, three letters were sent to the complainant. But peculiar factor is that in those letters there is no address of the Go Airlines India Pvt. Ltd. where the complainant shall have to report. Moreover no appointment letter was given by the op to any airlines. But some copy of letters are submitted by the complainant wherefrom it is clear that same are not at all appointment letters, not even there is no selection letter, at the same time all those letter where the complainant shall have to report in which address is not there.
So, it is clear that all those letters are prepared by the op and sent it to the complainant to deceive the complainant. Fact remains that complainant tried to search out the office of the Go Airline India Pvt. Ltd. at Kolkata, but no such office is found. But as per complainant’s advice he handed over Rs. 45,000/- to the op and op has tried to convince that he has deposited it to the Go Airlines. But it is impossible to believe that without giving any appointment, without joining, a security amount shall be accepted by Go Airlines?
After considering the conduct of the op, it is clear that op is a fake institution to deceive the innocent unemployed boys who are loitering for a service and practically ops allured this complainant as because complainant was in dire need of service and he paid the amount relying upon the ops’ service but ultimately sending some fake letters, ops have tried to convince that without any examination complainant got appointment letter. But truth is that there is no examination, and interview and there is no question of selection, there is no application form for selection and most interesting factor is that there is no address given where the complainant shall have to appear and where he shall have to submit their documents. Nowadays it has become a practice without any interview of the airlines op sent such sort of fake letter and practically Go Air India never sent any letter. Everything was processed by fake institution of the op and in the name of providing services they have opened the business to deceive the unemployed boys of the poor family and in this case that procedure has been adopted by the op and practically the entire amount was received by the op for purpose of grabbing money, ultimately op failed to give any service or job. If actually those letters are genuine, in that case, certain matters shall be there – 1) the application form whether filed by the complainant, practically op failed to prove that application form selection was made, no selection letter was also sent by the Go Airlines. No appointment letter was issued but Rs. 45,000/- was paid to the op and now op is trying to show that it is deposited to the account of the Go Airlines. It is proved ultimately that complainant is deceived by the ops.
Truth is that for some years those ops are rendering such sort of fake business and they are cheating and deceiving the poor unemployed boys in such a manner and in the circumstances the ops have deceived the present complainant in so many manners and fact remains that no service has been given by the op but huge amount was received by the op. So, ops are bound to pay the entire amount what they received that is total Rs. 73,930/- with interest to the complainant because as per agreement and contract with op as service provider, deceived the complainant and failed to give any service to the complainant for which ops are bound to pay the said amount to the complainant along with interest and compensation and also litigation cost. In view of the fact that this complainant is also on bale because against him police case was started and bale was granted which is on 31.03.2015. So, the act of the op is no doubt unfair trade practice.
In the result, the complaint succeeds.
Hence, it is
ORDERED
That the complaint be and the same is allowed on contest against the ops with a cost of Rs. 10,000/-.
Op are directed to pay and refund a sum of Rs. 73,930/- and also to pay compensation of Rs. 25,000/- for causing mental pain and agony and also for financial loss of the complainant in the meantime and the entire amount i.e. Rs. 73,930/- + Rs. 25,000/- compensation + Rs. 10,000/- i.e. total Rs. 1,08,930/- within one month from the date of this order failing which for non-compliance of the decretal dues, ops shall have to pay penal damages per month at the rateRs. 5,000/- till full satisfaction of the decree and it is imposed considering the entire conduct of the ops and as per findings of the Hon’ble National Commission reported in 2015 (I) CPR 238.
For adopting unfair practice by the ops and for deceiving the unemployed boys in general and to check the unfair trade practice of the ops, ops shall have to pay penal damages of Rs. 25,000/- which shall be deposited to this Forum and ops shall have to comply the order within one month from the date of this order failing which for non-compliance and disobeyance of Forum’s order penal proceeding u/s 27 of C.P. Act, 1986 shall be started against them and further penalty and find shall be imposed against them.
