Tamil Nadu

South Chennai

CC/221/2014

H.Ravikanth - Complainant(s)

Versus

Click2 Resume Service Pvt. Ltd,,. - Opp.Party(s)

Party in person

29 Jun 2016

ORDER

                                                                          Date of Complaint  : 16.05.2014

                                                                 Date of Order         : 29.06.2016

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT :    THIRU. B. RAMALINGAM, M.A.M.L.,                  :  PRESIDENT                     

                     TMT.K. AMALA, M.A. L.L.B.,                                :  MEMBER – I

                     DR.T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS  : MEMBER II

                                                     

C.C.No. 221 / 2014

THIS WEDNESDAY  29^TH  DAY OF JUNE 2016

H. Ravikanth,

C/o. D.Tools Development Center Pvt. Ltd.,

No.304, 4^th Floor, Fountain Plaza Egmore,

Chennai 600 008.

Tamil Nadu.                                                   .. Complainant.

                                                         - Vs-

1. The Managing Director, Click 2 Resume Serviced Pvt. Ltd., D-101, Sector – 63, Nodia – 201 301. Uttar Pradesh.   2. The Managing Director, Click-2 Resume Services Pvt. Ltd., A-14 Sector 57, Noida, Uttar Pradesh 201 301.   3. The Managing Director, Click-2 Resume Services Pvt. Ltd., B-8/381, Paryathan Vihar, Vasundhara Enclave, Delhi 110 096 Now opposite party No.3 Residing at 391 Paryathan Vihar, B-8, Vasundhara Enclave, Delhi 110 096.                                                 .. Opposite parties.

 

For the complainant             :    M/s. Samanta and others            

For the opposite parties        :    Exparte

ORDER

THIRUMATHI.K.AMALA,   ::    MEMBER-I

 

1.     Complaint under section 12  of the Consumer Protection Act 1986.  The complaint is filed seeking direction against  the opposite parties to refund the entire amount of Rs.31,768/- and also to pay  a sum of Rs.30,000/- towards the mental agony  and Rs.1000/- towards cost of the complaint.

2.     Even after receipt of the notice from this forum in this proceeding, the opposite parties did not appear before this Forum and did not file any written version.  Hence the 3^rd opposite party was  set exparte on  24.4.2015  and  1^st and 2^nd opposite party were set exparte on 7.8.2015.

3.     Perused the complaint, and the documents Ex.A1 to Ex.A7  filed by the complainant  and proof affidavit and the entire C.C. records and considered the arguments of the complainant’s counsel.  

4.     The complainant contended that he received a call from the executive of the opposite party on 22.9.2013 that they would give various job openings and he was asked to subscribe for the resume services, resume verification service and power service and power resume services respectively.     As such the complainant registered himself for such services to visit the online website of the opposite party and he paid a sum of Rs.31,768/- through his debit card at Chennai on 22.9.2013 & 23.9.2013.   He had been subscribed for seven different services provided by the opposite party.   But on 23.9.2013 the complainant was asked to make more payments for which he refused and cancelled all his orders and services of the opposite party and requested to refund the said amount.  The opposite party also assured to refund within 21 days but even after the said period the opposite party never contacted him hence he filed a complaint with the executive of the opposite party and also he lodged a complaint before the Commissioner of the Police, Chennai and same has been referred to the Cyber Crime Cell for further investigation.  He was frustrated and irritated by the negligent services of the opposite party.   Hence he sent a letter dated 3.3.2014 to the opposite party to refund money but the opposite party did not sent any reply nor refund the money.  Hence the complainant filed the above complaint seeking refund of the amount of Rs.31,768/- and also Rs.30,000/- towards mental agony and Rs.1000/- towards cost of the complaint against the opposite party.

5.     It is evidenced through Ex.A1 and Ex.A7 i.e. Bank statement that the complainant paid a sum of Rs.31,768/- to the opposite party through debit card, Chennai towards subscription for hiring the services of the opposite party towards providing  various job resumes.

6.     The grievance of the complainant is that without providing any service the opposite party demanded further payment for their services and hence he cancelled his order and requested to refund the money.   The executive of the opposite party also assured to refund the money within 21 days but they failed to do so.    The complainant also lodged a complaint to the Commissioner of Police upon which the Additional Commissioner of Police Central Crime Branch, Chennai also initiated steps which is also evidenced through Ex.A2.   The complainant also sent a letter to the opposite party dated 3.3.2014 requesting to refund the money which is also evidenced through Ex.A3.   Whereas despite of receipt of notice the opposite party neither replied nor refund the money.  

7.     It is found from the above facts and documents filed that the opposite party even after receipt of sum of Rs.31,768/- without providing job resumes to the complainant demanded further payment from the complainant.    Hence the complainant cancelled his order  immediately and requested for refund of money.  But the opposite party failed to refund the money.   

8.     It is pertinent to note that the opposite party is a service provider rendering service of job resumes to persons seeking employment.   Here the opposite party that after receiving the consideration of Rs.31,768/-demanded further amount without rendering any service and also failed to refund the money despite of cancellation of the service order, receipt of notice from the complainant  clearly amounts to deficiency of service.      As such the opposite parties are liable to return the said amount of Rs.31,768/- to the complainant towards the amount received as service charges for providing job resumes.  

9.     Moreover the consideration has been paid to the opposite party for seeking job.  It is found that the complainant has suffered mental agony and also monetary loss since the opposite party  is holding the money without remitting back to the complainant’s bank account.   As such due to the deficiency in service of the opposite parties the complainant suffered much hardship is also acceptable.     Hence the opposite parties are also liable to compensate the complainant for the mental agony caused to him.     

10.    Moreover the opposite parties even after receipt of notice from this Hon’ble forum fail to appear and contested the case as such the opposite parties remained exparte.

11.    Considering the facts and circumstances of the case we are of the considered view that the opposite parties have committed deficiency in service and as such the opposite parties are directed to refund the entire amount of Rs.31,768/- paid by the complainant to the opposite parties towards providing job resumes and also to pay a sum of Rs.5,000/- towards mental agony and also a sum of Rs.2,500/- towards cost of the complaint to the complainant.   

In the result the complaint is partly allowed.   The opposite parties are jointly and severally directed to refund the entire amount of Rs.31,768/- (Rupees Thirty one thousand seven hundred and sixty eight only) and also to pay a sum of Rs.5,000/- (Rupees five thousand only) towards mental agony and also to pay a sum of Rs.2,500/- (Rupees two thousand and five hundred only) towards litigation charges to the complainant  within six weeks from the date of this order failing which the above amounts (Rs.31,768/- + 5000/-) shall carry interest at the rate of 9% p.a. from the date of this order to till the date of payment.   

 

                Dictated directly by the Member-I to the Assistant, and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the 29^h  day of  June   2016.

 

MEMBER-I                                        MEMBER-II                                           PRESIDENT.

Complainant’s Side documents :

Ex.A1- 22.9. 2013 - Copy of Payment received confirmation mail for various

                               Services sent by click 2 Resume.

 

Ex.A2- 10.10.2013         - Copy of complaint registered in office of the Commissioner

                              Of Police Chennai.

 

Ex.A3- 3.3.2014    - Copy of complaint letter sent to Click-2 Resume asking to

                              Refund the loss amount.

 

Ex.A4- 6.3.2014    - Copy of  Courier of complaint letter.

 

Ex.A5-         -       - Copy of F.A.288/2009, SCDRC, West Bengal.

 

Ex.A6-         -       - Copy of High Court, New Delhi CRP No.603/2003,

                               Order VII Rule 10 CPC.

 

Ex.A7-         -       - Copy of Bank statement.

 

 

Opposite parties’ side documents:   -Nill- (Exparte)

 

MEMBER-I                                        MEMBER-II                                           PRESIDENT.