PBEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 31st day of March 2012
Filed on : 03/09/2011
Present :
Shri. A Rajesh, President.
Shri. Paul Gomez, Member. Member.
Smt. C.K. Lekhamma, Member
C.C. No. 530/2011
Between
1. Liju A.P, : Complainants
S/o. Padmanabha Pillai, (By Adv. Roy Varghese,
Athikuzhiyil house, Olimolath house, Pancode P.O,
Vadacode P.O. Ernakulam, Pin-682 310)
Vazhakulam, Muvattupuzha.
2. Ratheesh K.S., S/o. Sankaran,
Kochukudiyil house,
Vazhakkulam P.O. Muvattupuzha.
3. Anilkumar, S/o. Prabhakaran,
Athikuzhiyil House,
Vadakode P.O.
Vazhakulam. Muvattupuzha.
4. Suresh N., S/o. Narayana Pillai,
Ullattuthekkel house,
Mevada P.O. Pala.
5. Vishnu Thankappan,
S/o. Thankappan, Athikuzhiyil house,
Kalloorkad P.O., Muvattupuzha.
6. Rakesh, S/o. Sivan,
Mathanparambil house,
Vadacode P.O., Vazhakulam,
Muvattupuzha.
7. Deepu Rajan, S/o. Rajan,
Palakkattu Puthenpurayil house,
Puthuppariyaram P.O.,
Thodupuzha.
8. Jaice T.I., S/o. Iype,
Tharaniyil house,
Arikuzha P.O., Thodupuzha.
9. Arun Dev, S/o. Thirumeni,
Vrikkathanathu Puthenpurayil house,
Arikuzha P.O., Thodupuzha.
10. Jins George, S/o. George,
Arukaykkal house,
Mundanmudy P.O.
11. Giby Varghese, S/o. Varghese,
Arukaykkal house, Ayavana P.O.,
Muvattupuzha.
And
E.O. Lonappan@ Joy, :Opposite party
Ellikkal house, (Absent)
Moonnumuri, Kodakara,
Thrissur.
O R D E R
A Rajesh, President.
The undisputed facts of the complainants case are as follows:
The opposite party is the proprietor of “Joy Travels” engaging in the business of arranging visas, Air tickets and Tours & Travel Agency. In June 2010 the opposite party offered the complainants that there are 13 vacancies to the post of house keeping in the Rich Mount Hotel in U.K. The opposite party made believe them that no specific qualification was required for the said post. Accordingly the complainants were interviewed by the opposite party in the Kabani International Hotel at Muvattupuzha. The opposite party received the passport and documents of the complainants. The opposite party also collected charges for the Visas from the complainants as follows:
Complainant No. 1 : Rs. 50,000 /-
Complainant No. 2 : Rs. 73,000/-
Complainant No. 3 : Rs. 50,000/-
Complainant No. 4 : Rs. 50,000/-
Complainant No. 5 : Rs. 70,000/-
Complainant No. 6 : Rs. 70,000/-
Complainant No. 7 : Rs. 70,000/-
Complainant No. 8 : Rs. 50,000/-
Complainant No. 9 : Rs. 50,000/-
Complainant No. 10 : Rs. 70,000/-
Complainant No. 11 : Rs. 70,000/-
The opposite party received the amounts from the complainants in cash but no receipts were issued for the same. The 2nd complainant had remitted the amount through bank. The opposite party assured the complainant that they would be issued Visas by December 2010. But in spite of repeated requests the opposite party failed to issue visas to the complainants. The complainants are entitled to get a total amount of Rs. 6,13,000/- from the opposite party with 12% interest per annum together with compensation and costs of the proceedings. This complaint hence.
2. In spite of receipt of notice from this Forum the opposite party opted not to contest the matter. Proof affidavit has been filed by the first complainant for and on behalf of other complainants as well. Ext. A1 was marked on the side of the complainants. Heard the counsel for the complainant.
3. The points that came up for consideration are
i. Whether the complainants are entitled to get refund of a total
amount of Rs. 6,13,000/- from the opposite party?
ii. Whether the opposite party is liable to pay compensation and
costs of the proceedings to the complainant?
4. Points No. i&ii. During the proceedings in this Forum at the instance of the complainants vide order in I.A. No. 576/2011 dated
04-10-2011, this Forum directed the opposite party to refrain from alienating his property stated in the schedule of property and the matter was intimated to Sub Registrar Office, Kodali.
5. According to the complainants they have paid a total sum of Rs. 6,13,000/- to the opposite party to obtain visas for them to the post of house keeping in the Rich Mount Hotel in U.K. It is stated that the complainants paid the following amounts to the opposite party.
Complainant No. 1 : Rs. 50,000 /-
Complainant No. 2 : Rs. 73,000/-
Complainant No. 3 : Rs. 50,000/-
Complainant No. 4 : Rs. 50,000/-
Complainant No. 5 : Rs. 70,000/-
Complainant No. 6 : Rs. 70,000/-
Complainant No. 7 : Rs. 70,000/-
Complainant No. 8 : Rs. 50,000/-
Complainant No. 9 : Rs. 50,000/-
Complainant No. 10 : Rs. 70,000/-
Complainant No. 11 : Rs. 70,000/-
Nothing is on record to controvert the case of the complainant for the evident reason of absence of the opposite party. Ext. A1 is the receipt issued by the bank to the 2nd complainant wherein it is stated that the remitter has paid Rs. 73,000/- to the account of the opposite party Mr. Lonappan. Though no documentary evidence is before us to substantiate the payments of the remaining amount to the opposite party, the complainant No. 1 has filed an affidavit in which he has categorically stated that the complainants have paid the respective amounts to the opposite party. The evidence of the complainants remains unrebutted and unchallenged and hence maintainable reasonably. In the above circumstances the complainants are entitled to get refund of the respective amounts claimed by them from the opposite party. Since we have duly considered the grievances of the complainant and the opposite party to refund their amounts further, order for compensation and costs are substantially not called for.
6. Accordingly we partly allow the complaint and direct that
i. the opposite party shall refund the following amounts to the respective complainants together with interest at the rate of 12% p.a. from the date of complaint till realization.
Complainant No. 1 : Rs. 50,000 /-
Complainant No. 2 : Rs. 73,000/-
Complainant No. 3 : Rs. 50,000/-
Complainant No. 4 : Rs. 50,000/-
Complainant No. 5 : Rs. 70,000/-
Complainant No. 6 : Rs. 70,000/-
Complainant No. 7 : Rs. 70,000/-
Complainant No. 8 : Rs. 50,000/-
Complainant No. 9 : Rs. 50,000/-
Complainant No. 10 : Rs. 70,000/-
Complainant No. 11 : Rs. 70,000/-
ii. The order in I.A. No. 576/2011 dated 04-10-2011 is made absolute.
The above said order shall be complied with within a period of one month from the date of receipt of a copy of the order.
Pronounced in the open Forum on this the 31st day of March 2012
Sd/- A Rajesh, President.
Sd/- Paul Gomez, Member
Sd/- C.K. Lekhamma, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s exhibits :
Ext. A1 : Copy of receipt dt. 29-06-2010
Opposite party’s Exhibits : : Nil
