Before:     Hon’ble President, Biswanath De.

                                   Hon’ble Member, Debi Sengupta.                                         

                                   Hon’ble Member, Samaresh Kumar Mitra.

                                                                                                    FINAL ORDER

Samaresh Kumar Mitra,Member.

           The case of the complainant in brief is that the opposite party is a professional tour and job placement organization having Regd. No. WB- F WS0615951 who only provides services for overseas job as clearly stated and printed in their application form. That being allured by the alluring advertisement of the opposite party the complainant visited the office of the OP and he assured that as professional job placement provider he can provide overseas job in exchange of profession. Accordingly he as per instruction of the OP filled up the application Form on 27.04.2015. The OP assured the job placement of the complainant in KSA country for two years as ;load and unload and every month the complainant shall be entitled to get pay package of Rs.50000/- including the duty hours on each working day to be 8 hrs in exchange of professional fees or service charge of Rs.73000/- and by lending money at high rate of interest the complainant paid Rs.13000/- to the OP on 6.5.2015 and Rs.50000/- on 28.8.2015 and remaining  Rs.10000/- on11.09.2015 and the OP gave money receipt  in that respect. The OP also ensured the complainant to complete the agreement within 2-3 months. But even after expiry of the said period the OP could not fulfill his promise as a result the complainant suffered financial loss for the deficiency of service of the OP.

 By filing written version the OP denied the allegations as leveled against him and averred that he made every arrangement for sending the complainant to KSA country and he prepared the passport & Visa of the complainant and also arranged the emigration registration acknowledgement letter and Air ticket of the complainant. After completion of the entire process the OP informed the complainant but he refused to join at Tawasil Com Jaddah Company Ltd. on 20.10.2015 then the complainant came to the office of the OP and demanded Rs.73000/- from him and forcibly by creating pressure upon him taken a declaration written by the OP that he would refund back the entire money of Rs.73000/- within 2 ^½ months. It is clear from the application Form that if after selection candidate refuse to join the company cancellation charges are applicable which includes visa fees, tickets and other process charges etc and the said fact is within the knowledge of the complainant as he signed the Application Form after going through the contents of the same.

The complainant filed evidence on affidavit which is nothing but the replica of complaint petition.  Argument advanced by the parties heard in full. They also filed the written notes of argument which are taken into consideration for passing final order.   

From the discussion herein above, we find the following Issues/Points for consideration.

ISSUES/POINTS   FOR   CONSIDERATION 

1. Whether the Complainant Rahim Mondal ‘Consumer’ of the opposite party?

2. Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?

3. Whether the O.Ps carried on unfair trade practice/rendered any deficiency in service towards the Complainant?

4. Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?

DECISION WITH REASONS

   In the light of discussions here in above we find that the issues/points should be decided based on the above perspectives.

(1).Whether the Complainant Rahim Mondal ‘Consumer’ of the opposite party?

From the materials on record it is transparent that the Complainant is a “Consumer” as provided by the spirit of section 2(1)(d)(ii) of the Consumer Protection Act,1986.The complainant herein is the consumer of the OP, as  complainant  paid a sum of Rs.73,000/-  for getting a job in abroad from the  placement provided by the OP. So complainant is the consumer and OP is the service provider.

(2).Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?

 The complainant is the resident of district Nadia and cause of action took place at this district and the residence/office of the OP in the district of Hooghly, so this complaint has territorial jurisdiction. The complaint valued  refund of Rs73000/- including interest @15%, litigation cost amounting to Rs.30000/-, Rs.300,000/- compensation for physical harassment and mental agony ad valorem which is within Rs.20,00,000/- limit of this Forum. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.        

 (3).Whether the opposite party carried on Unfair Trade Practice/rendered any deficiency in service towards the Complainant?

The complainant being attracted by the advertisement of OP contacted him and the OP in his turn assured this complainant to provide job in overseas. After getting the instruction of the OP the complainant filled up the application Form to get a job in KSA country for two years for loading and unloading with a pay package of Rs.50,000/- per month. Then the complainant deposited a sum of Rs.73000/- before the OP in three installments and the OP gave him money receipts but could make any arrangement of job within the time framed. Then the complainant demanded the deposited amount and the OP assured to refund the money received from this complainant within two and half months but when he failed to refund, then the complainant getting no alternative sought the redressal of this Forum.

The OP in his written version as well as BNA assailed that he made every arrangement for sending the complainant to KSA country and he prepared the passport & visa of the complainant and also arranged the emigration registration acknowledgement letter and Air ticket of the complainant. After completion of the entire process the OP informed the complainant but the complainant refused to join at Tawasil Com Jaddah Company Ltd. on 20.10.2015. Rather he put pressure upon him to get the amount deposited before him.

 But from the face of the case record it is clear that the complainant being allured at the misleading advertisement contacted this OP and paid the desired amount but the complainant could not make arrangement of a suitable job as a result the complainant refused to join and subsequently demanded the refund including interest thereupon. But the OP failed to refund the amount taken from this complainant as a result this complainant compelled to seek the recourse of this Forum. The OP took the amount as fees from this complainant but could not make arrangement of job in abroad so he is deficient in providing service to its consumer for which he liable to pay the ordered amount as this Forum deems fit and proper.

After perusing the complaint petition & documents in the record that the complainant is a prey of misleading advertisement of OP. The OP not only committed civil wrong but also tried to cheat the people at large at the cost of his personal gain, so he committed criminal offences for which he is liable to be punished in different sections of Indian Penal Code. The complainant herein prayed for damages & compensation as per the consumer protection Act, 1986.

 The OP collected money from this complainant to render service to this complainant but not only    he failed to do the same but also refused to return back the money taken from this complainant , so the OP is deficient in providing service to this complainant and also committed unfair trade practice. As such we may safely conclude that the OP is under liability to pay the amount taken from this complainant including interest to this complainant.

4. Whether the complainant proved his case against the opposite party, as alleged and whether the opposite party is liable for compensation to him?

The discussion made herein before, we have no hesitation to come in a conclusion that the Complainant abled to prove his case and the Opposite Party is liable to pay the amount taken from this complainant including interest therein as the relief contains interest so there is no question of allowing any compensation.

ORDER

 Hence, it is ordered that the complaint case being No.193/2016 be and the same is allowed on contest against the opposite party with a litigation cost of Rs.5000/-.

The opposite party is directed to pay Rs.73,000/- including interest @ 9% per annum since the date of  receiving last  payment on 11.09.2015.

 The OP is further directed to pay a sum of Rs.5000/- in the Consumer Legal Aid Account for unfair trade practice.

All the payment shall be made within 45 days from the date of this order.

At the event of failure to comply with the order  the Opposite Party  shall pay cost @ Rs.100/- for each day’s delay, if caused, on expiry of the aforesaid 45 days by depositing the accrued amount, if any, 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 & necessary action.

Dictated and corrected by me.   Samaresh Kr. Mitra, Member , DCDRF, Hooghly.