BY -    SMT. CHANDRIMA CHAKRABORTY, MEMBER

 In epitome, the case stated in the Complaint is that. Petitioner is a qualified engineer having the experience of working in various reputed companies but after the age of 60 years, he became jobless and searching for a suitable job in contractual basis. Towards the month of July, 2020, complainant received several calls from the authorized person of the Shine.com, an online job and recruitment portal, operated by the Opposite Parties and they asked your complainant to avail their paid services for obtaining a job as per the need of your petitioner and for that purpose, your petitioner was asked to pay certain amount to avail job within 20 days. Complainant was a job seeker, Complainant came in touch with Sahine.com, operated by the Opposite Parties through internet and made the payment of Rs. 67,897/- (Rupees Sixty Seven Thousand Eight Hundred Ninety Seven) only through the online portal of Shine.com and received online invoices for those transactions; Astonishingly after making all of the payments specified for all of the packages of Shine. Com as asked by the Opposite Parties, Complainant tried to contact the concern shine.com managed by the Opposite Parties but there was no one to receive the call of your complainant and all the efforts of your complainant went to an astray. Complainant mailed at the customer support centre of the Shine.com managed by the Opposite Parties at numerous occasions but no support was provided on behalf of the Opposite Parties and even your complainant did not get any suitable reply from the Opposite Parties. The Opposite Parties have acted like flogging of a dead horse in lieu of providing proper service. Finding no other alternative, petitioner filed an online complaint against Shine.com before the authority of Delhi Police and subsequently came in touch with Online Legal India Department where your complainant was advised to file a consumer Complaint Case before the Appropriate Commission; Complainant sent a legal notice through e-mail to the Shine.com through his Ld. Advocate Sangita Saha on 16.11.2020 demanding refund of the entire amount for non-delivery of proper service and also for compensation for harassment but no reply has yet been received from the Opposite Parties; The Opposite Parties have miserably failed to provide good service to your complainant thereby also causing deficiency in service and misconduct and for that deficiency in service and misconduct on the part of the Opposite Parties, your complainant has suffered a lot including mental and financial harassment; Complainant states that the above mentioned matter clearly states that there is negligence on the part of the Opposite Parties and they are running an unfair trade practice in order to dupe the hard earned money of your complainant wherein the opposite parties have intentionally provided the de novo dreadful and deceitful service to your complainant and has not provided the proper and facilitated services towards him which has caused his unnecessary mental agony and stress. Opposite Parties have miserably failed in providing right and proper service despite the payment made by your comp0lainant to the Shine.com managed by the Opposite Parties and thereby causing deficiency in service and unfair trade practice; Instant complaint is filed within the prescribed period in terms of the provisions of the Consumer Protection Act, 2019, The cause of action of the complaint arose on and from 01.12.2020 upon non-performance of the obligation on the part of the Opposite Parties despite the legal notice served by Ld. Advocate Sangita Saha for and on behalf of your complainant on 16.11.2020; Your complainant has paid the requisite fees; The complaint is made bona fide and for the ends of justice. There is no other suit/case pending nor has been decided on the same subject matter between the parties by any competent court of law;

In the facts and circumstances of this case, the complainant has prayed for return of Rs. 67,897/- against the Ops jointly or severally, Rs. 50,000/- for mental pain of the complainant, Rs 20.000/- towards litigation cost and other reliefs.

The Ops in spite of receipt of notice from this Commission neither appeared nor took take any steps to contest the complaint case. Several opportunities were given to the Ops to contest the case, but lastly the case is taken up for ex parte hearing.

  The points for decision is (1) whether the complaint is maintainable and (2) whether the complainant is entitled to get the reliefs or reliefs as prayed for.

Decision with reasons

Both the points, being inter related to each other, are taken up together for discussion  for sake of brevity and  convenience.

 In order to substantiate the complaint case the complainant has filed several documents, viz. Annexure 1 is the letter of intent where the Ops. Asked the complainant to join on or before 21.08.2018.

Annexure 2 is the proforma invoice for receipt of remittance dated 23.07.2020 whereby the complainant was directed to pay Rs. 5250/- including GST. By invoice Annexure 3 series the complainant was directed to pay Rs. 8495/- including GST. Rs.14.867/-including GST. Rs. 20608/and so.  And thus in all the Ops realized Rs. 67,897/- from the complainant (Annexure 3 series) but did not offer or afford any kind of service as per conditions and ultimately the Ops did not respond to the calls of the complainant. The complainant also filed various documents which explicitly exposes that the Ops have not performed their part of  contract, in other words the  Ops have deceived the complainant to the tune of Rs. 67,897/-. So, the complainant has sufficiently proved his complaint through his unchallenged evidence.

It appears from the complaint petition that the complainant knocked the door of Delhi Police and subsequently came in touch with online Legal India Ltd where he was directed to take shelter of appropriate commission for proper redress.  Complainant sent notice through his ld. advocate on 16.11.2020 demanding refund of the entire amount but the Ops remained mum in this regard.

The complainant is a senior citizen having a diploma in Technical Engineering he tried his level best to acquire a service for his livelihood. He kept no stone unturned to get back the amount which he deposited with the Op companies through online portal but ultimately it is found from all the documents in the record that the complainant has been deceived by Ops Chief Executive Officer,Shine.com Shine.com Mr. Munesh Kumar Client Servicing/Relation Manager. Accordingly the complainant is entitled to get the reliefs, but in part.

       Both the points are decided accordingly. Thus the complaint case succeeds.

          Hence, it is

O R D E R E D

         That the CC No. 27 of 2021 is allowed ex parte against both the Ops.

         Both the Opposite parties that is Chief Executive Officer,Shine.com Mr. Munesh Kumar Client Servicing/Relation Manager are  jointly and or severally directed to pay the complainant a sum of Rs. 67,897/- as paid by him time to time through online portal;  Rs. 20,000/- towards mental agony and physical sufferings, and Rs. 5,000/-towards  litigation cost, for ends of justice.

          The Ops must comply the above order within 60 days from the date of passing this judgment failing which the complainant will be at liberty to put this order into execution.

Let a copy of the judgment be supplied to each of the complainant and the OPs free of cost.