Complaint filed on: 06-01-2017                                                      Disposed on: 18-05-2017

BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM,

OLD DC OFFICE COMPOUND, TUMAKURU-572 101

CC.No. 04/2017

DATED THIS THE 18^th DAY OF MAY 2017

PRESENT

SMT.PRATHIBHA. R.K. BAL, LLM, PRESIDENT

SMT.GIRIJA, B.A., LADY MEMBER

Complainant: -

                                        T.R.Abdul Khadar,

                                                S/o. Late T.S.Abdul Rashid,

                                                Aged about 33 years,

                                                R/at Ananda Nagar,

                                                Tumakuru

(By advocate Sri.C.N.Hanumantharaju)

V/s

Opposite party:-       

                                        Bright Future Group,

                                                F7, Annapurna Arcade,

                                                Near Dhodamane Nursing Home,

                                                BH Road, Tumakuru,

                                                Proprietor Sri.H.J.Nishant

                                                S/o. Gopal Rao

                                                (OP - Exparte)

ORDER

SMT.PRATHIBHA. R.K. PRESIDENT

This complaint was filed against the OP, under Section 12 of the Consumer Protection Act. The complainant prays to direct the OP to give back his SSLC Marks Card and to pay compensation of Rs.20,000=00 towards mental agony and financial loss, in the interest of justice and equity.

2. The brief facts of the complaint is as under.

          The complainant submitted that, the OP is running placement agency. The complainant being an unemployed and he has approached the OP for job.

          The complainant further submitted that, the OP has collected necessary fee from the complainant and also collected SSLC Marks Card.  

          The complainant further submitted that, the complainant has got job in Aditya Training Solution near Aditya Hospital, Shivakumara Swamyji circle, BH Road, Tumakuru. Thereafter, the complainant approached the OP for seeking return of the SSLC Marks Card, but the OP has given evasive answer to the complainant and not returned the SSLC Marks Card.

          The complainant further submitted that, the OP has issued legal notice dated 15-11-2016 to the complainant through his advocate. The complainant has replied to the said legal notice to the OP and requested to return the SSLC Marks Card, but till today, the OP has not returned the original SSLC Marks Card and caused deficiency in service. Hence, the complainant has come up with the present complaint before the forum.

3. In response to the Forum notice, the OP has appeared through his counsel and prayed time to file version. Despite granting sufficient time, the OP did not file version and the OP version taken as nil and posted the case for filing affidavit of complainant.

4. In the course of enquiry into the complaint, the complainant has filed affidavit evidence to support his case and produced documents. We have heard the arguments of complainant side and pursed the documents and then posted the case for orders.

5. Based on the above materials, the following points will arise for our consideration.

1. Whether there is deficiency in service on the part of the OP as alleged by the complainant?

2. What Order?      

6. Our answers on the above points are as under:

Point No.1:           In the Affirmative

Point No.2:           As per final order below

REASONS

7. The complainant has firmly stated oath in his affidavit that, the OP is the proprietor of Bright Future Group and doing placement business for unemployed persons. The complainant has approached the OP for job and the OP has collected necessary fee and original SSLC Marks Card from the complainant. To substantiate the above evidence, the complainant has produced the cash receipt dated 21-10-2015 and acknowledged endorsement issued by the OP having received the original SSLC Marks card. The complainant after getting the job, he approached the OP for seeking return of the SSLC Marks Card, but the OP till today has not returned the SSLC Marks Card.

8. On careful reading of the averments of complaint and evidence of complainant as mentioned above, it is made clear that, the complainant has given his evidence in accordance with the averments of complaint and produced documents to support of his case. 

9. The OP has appeared before the forum, but not filed version to deny the evidence of the complainant and as such the evidence of the complainant stands undisputed and therefore the evidence of the complainant goes to unchallenged.  Based on the above, we have no legal impediment to disbelieve the say of the complainant that, he has established the deficiency in service on the part of OP. Hence, there is negligence and deficiency in service on the part of OP and accordingly, we answer this point in the affirmative. In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The complaint is allowed in part.  

The OP is directed to return the original SSLC Marks Card to the complainant within 30 days from the date of receipt of this order, failing which, the OP shall pay Rs.10,000=00 along with original SSLC marks card to the complainant.

The OP is further directed to pay compensation of Rs.5,000=00 and litigation cost of Rs.2,000=00 to the complainant.

          This order is to be complied by the OP within 30 days from the receipt of this order.

          Supply free copy of this order to both parties. 

          (Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this, the 18^th day of May 2017)

LADY MEMBER                                                   PRESIDENT