BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 30^th DAY OF MAY 2024

ORDER

SMT. SUMA ANILKUMAR, MEMBER

The complaint filed U/S 35 of Consumer Protection Act 2019, complainant seeking direction towards OP for the following reliefs:-

 To kindly pleased to make the company (OP) pay:-

1. Security deposits (Totaling Rs.2,124/-)
2. Documentation and travel costs (approximately Rs.2,000/-)
3. Any compensation for trouble caused to complainant as per the discretion of the most Hon’ble Court.

2. Brief facts of this case are as follows:-

The complainant was looking for a work from home, online job in August 2023. She came across the advertisement of the OP company, Call Centre Projects Service India, an ISO certified company and contacted them. The complainant was assigned Ms. Harshita as her project manager who gave her options of two jobs:

a) Online form filing Job (Rs.5 per form filling)

b) HTML Typing Job (Rs/12,500/- for typing 250 pages)

The complainant decided to try both the jobs as to see which one suited her the best. Ms. Harshita, the project manager asked the complainant to pay a refundable security deposit for each of the jobs. The complainant transferred to the companys account an amount of Rs.2,124/- and Rs.2,000/- on 26.08.2023 and 31.08.2023 respectively towards the refund security deposit, through online. The screenshot of the same was sent to harshita  through whatsapp and the same was acknowledged by her.  The said deposit amount was to be refunded within 4 to 5 working days on quitting the Job(s).

3. Job No.1 which is the form filling project, the trainer has explained that the complainant could choose the forms to fill each form would take around 5 minute to be filled and she would be paid Rs.5/- per form filling, but in reality to her surprise she found out that she was not allowed to choose the forms to be filled, was repeatedly sent with 3 to 4 extremely large forms, each with 17 or 20 sub forms. The complainant took nearly 45 minutes to fill her first form, i.e. she could earn only Rs.5/- for 45 minutes and other forms were equally length. So the complainant quit the form filling job and requested for the refund of the safety deposit. Ms. Harshitha (Project Manager) agreed to refund the security deposit but never did so.

4. The complainant was advised and allocated a trainer for the 2^nd job i.e. the HTML typing project, where a payment of maximum of Rs.12,500/- made to type 250 pages in 28 days. The complainant was asked to choose language in which she would type and she choose English language. The reality of the HTML typing job was totally different from as told by the OP. The complainant although was given 18 days to finish the work according to contract, she was asked to submit in 16 days. The complainant tried extremely hard to finish the work, working round the clock often with no sleep and getting only 3 to 4 hours of sleep per day. Though the complainant had chosen the English language to type, she was given other European languages with English letters to type. The complainant struggled to type those as she could not understand those languages and it also slowed down the typing speed. On calculation the complainant realized that she was not able to finish the job in 16 days, hence would quit the job. The complainant requested for the refund of a total amount of Rs.4,124/- which she had deposited with OP as security deposits against the jobs. The OP after negligence asked for copies of contract and agreed to refund with 4 to 5 working days, but failed to do so. The complainant tried to call the OP several times, tried to E-mail and WhatsApp but all in vain. Hence left with no option the complainant had to file this complaint.

5. On issue of the notice to OP, the OP fails to appear before this commission, hence placed absent. The complainant has filed her affidavit evidence along with 6 documents marked as Ex.P.1 to Ex.P.6. Heard the complaint.

6. On the basis of above pleadings for our consideration are as follows:-

i) Whether the complainant proves the deficiency of service on the part of OP’s?

ii) Whether complainant is entitled for the relief?

iii) What order?

7.  Our answers to the above points are as follows:-

Point No.1:-Affirmative.

Point No.2:-Partly Affirmative.

Point No.3:- As per the final order.

                                        REASONS

8. Point No.1&2:-These points are inter-connected to each other and for the sake of convenience, to avoid repetition of facts, these points are taken up together for common discussion.

9. On perusal of the documents submitted by the complainant, the Ex.P.1 and Ex.P.2, we observe the contract between the complainant and OP, it is true that the complainant has entered into a contract with OP for the said jobs No.1&2 as mentioned by the complainant in the complaint. Ex.P.3 and Ex.P.4 are the conversations of the complainant and OP where it is clear that the complainant joined with OP for the said jobs and also requesting for the refund of the money deposited as security deposits with OP.

10. On perusal of the above exhibits, we observe that the OP admits to the refund of the security deposit as per the agreement norms and also apologizes for the inconvenience caused to the complainant, but also has failed to refund the amount to the complainant. Ex.P.5 and Ex.P.6 are the copies of the screenshots of the payment of Rs.2,124/- and Rs.2,000/- dated 26.08.2023 and 30.08.2023 respectively through online towards the OP. The above observation clearly shows that the complainant has paid an amount of Rs.4,124/- as security deposit with OP which is refundable on quitting the job as per the contract of the complainant and OP. The OP has failed to repay the amount deposit to the complainant, and also failed to appear before this commission and submit affidavit evidence and arguments in their contention. Hence has shown deficiency in service and unfair trade practice. Therefore the OP is liable to repay the amount of security deposit of Rs.4,128/-. The OP is further directed to pay a compensation of Rs.1,000/- towards negligence and Rs.1,000/- towards litigation charges. Hence we answer Point No.1&2 accordingly.

11. Point No.3:-In view of the discussion referred above, we proceed to pass the following:-

ORDER

1. Complaint filed by the complainant U/S 35 of Consumer Protection Act, is hereby allowed in part.
2. OP is directed to repay an amount of Rs.4,128/- towards the complainant with interest of 6% p.a. from the date of submission of documents by the complainant i.e. 09.10.2023 till realization.
3. OP is further directed to pay an amount of Rs.1,000/- as compensation and Rs.1,000/- litigation charges.
4. OP is directed to pay the entire Award amount within 45 days from the date of order failing which shall pay an interest of 8% p.a. till realization.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 30^th day of May 2024)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;

NIL