FINAL ORDER/JUDGMENT

Presented by:

Debasis Bhattacharya,  Presiding Member

Having been agitated over the deceitful treatment extended by the opposite party as mentioned above in the matter of offering placement services against monetary consideration, the instant complaint petition has been filed u/s 35 of the Consumer Protection Act 2019.

Brief facts of the case: The complainant being an unemployed person and in search of a job, came in contact with the opposite party firstly through their website and then over phone and having been advised by some staff of the opposite party, visited the office of the OP at Hindmotor on 22.10.2019 in connection with whereabouts of the placement services offered by the OP.

Reportedly, the proprietor, stating that jobs in different multinational Companies are provided by his firm, asked the complainant to pay Rs.1500/- against initial registration charge and the complainant accordingly paid that amount and in turn received an identity card and a purported money receipt.

A week later the complainant was called up by the OP and the OP allured him by saying that there was a prospective job in a multinational Company and to confirm the job, an amount of Rs.38,000/- was demanded allegedly from the complainant.

The complainant claims to have paid the entire amount on installment basis but the money receipt was issued for Rs.32,000/- with an assurance that the money receipt in respect of the balance amount would be issued later.

However waiting for a long period, several contacts over phone, repeated visits at the office of the OP, all were exercise in utter futility. No further development with regard to the said placement was there.

Subsequently, in reply to the letter dtd.16.01.21 sent by the complainant, the OP through his lawyer informed him that to fulfill their promises and assurances they would require some more time. OP expressed their intention also to pay back the money realized from the complainant in case of failure to provide any job.

However, the OP during passage of time made refunds to the extent of Rs.17,000/- in installments to the complainant but in spite of repeated requests balance amount of Rs.22,500/- was not refunded.

Considering the attitude of the opposite parties as willful negligence, unfair trade practice through misleading advertisement, the complainant approached to the Commission with a prayer for imposing direction upon the opposite parties to refund back the amount of Rs. 22,500/- , along with applicable interest and a sum of Rs.2,00,000/- towards compensation for causing mental agony, anxiety and harassment.

 Evidence on affidavit and Brief Notes of argument filed by the complainant are almost replica of complaint petition and supports the averments of the complainant in the complaint petition.

From the discussion hereinabove, it transpires that the complainant is a consumer in terms of the provisions laid down under section 2(7)(i) of the Consumer Protection Act 2019.

The complainant is a resident within the geographical location of the District of Hooghly and the financial involvement of the instant consumer case does not exceed Rs.20,00,000/-. Thus this Commission has both territorial and pecuniary jurisdiction to proceed in this case.

Now the issues which deserve mention before going into the merit of the case are as follows.

 The OP never appeared before this forum even on a single occasion in spite of proper service of notice. They did not feel it necessary to file either a written version or evidence on affidavit.

Now the issues whether there was any deficiency of service on the part of the opposite parties and whether the complainant is entitled to get any relief, being mutually interrelated are taken together for necessary consideration in this order.

                                DECISION WITH REASONS

The petitioner to corroborate his points has submitted copies of documents viz. the relevant money receipts, purported identity card issued by the OP, purported ‘Interview Permission Letter’ and communications made with/by the OP.

Materials on records are perused.

On meticulous examination of all the aspects of the issue it is evident that the OP deliberately shunned the appearances before this Commission as they had nothing to say in their own defense.

The Commission, in view of the above, is of the opinion that the OP with mala fide intention made false propaganda of providing placement through their website and to collect money in an unfair and illegal manner used to give false promises to the job seekers. Thus the OP exploited the helplessness of the unemployed people.

In the result it is accordingly

ORDERED

that the complaint case being no. 171 of 2022 be and the same is allowed on contest but in part.

   The only opposite party is hereby directed to refund back the balance amount of Rs.22,500 with interest @9% for the period from 13.11.2019 to the date of payment of the said amount of Rs.22,500/-. Besides, a further amount of Rs. 30,000/- will have to be paid by the OP to the complainant for his mental agony, anxiety and harassment.

This order has to be complied with within 45 days from the date of this order. In the event of failure to comply with this order, the opposite party will pay cost of Rs.10,000/- by depositing the same in the Consumer Legal Aid account.

Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/sent by ordinary post for information and necessary action.

The Final Order will be available in the following website www.confonet.nic.in.

Drafted and word file created by me.