Delhi

East Delhi

CC/429/2015

MOHIT - Complainant(s)

Versus

EXCETTENT JOBS SOL. - Opp.Party(s)

23 Dec 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  429/15

 

Shri Mohit Badera

R/o D1/12, Om Vihar Phase-5

Street No. 3, Uttam Nagar

New Delhi – 110 059                                                             ….Complainant

Vs.

    Excellent Jobs Solutions Pvt. Ltd.

R/o 2^nd Floor, D-246/10, Balaji Chamber

Near Laxmi Nagar Metro Station

Gate No. 1, Laxmi Nagar, Delhi – 110 092                         ….Opponent

 

Date of Institution: 13.07.2015

Judgment Reserved on: 10.08.2017

Judgment Passed on: 11.08.2017

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari  (Member)

 

Order By : Sh. Sukhdev Singh (President)

 

JUDGEMENT

          This complaint has been filed by Shri Mohit Badera against M/s. Excellent Jobs Solutions Pvt. Ltd. (OP) under Section 12 of the Consumer Protection Act, 1986. 

2.       The facts in brief are that the complainant got himself registered with M/s. Excellent Jobs Solutions Pvt. Ltd. (OP) for job on the assurance of their consultants and paid a sum of Rs. 4,000/-   (Rs. 1,000/- for registration and Rs. 3,000/- for training).  They stated that on paying them money, they will give him a job.  They sent him on a job in a trading company where he went and did not find any HR Director.  Then, he had a talk with OP company and after that OP company never contacted him nor they send him any information.  Thus, he has stated that when he has demanded the money, they made promise to return the same, hence, he has filed the present complaint for a refund of Rs. 4,000/- alongwith 10% interest, Rs. 10,000/- towards physical strain and mental agony and Rs. 1,000/- towards cost of conveyance.

3.       Notice of the complaint was given to M/s. Excellent Jobs Solutions Pvt. Ltd. (OP), which was served, but they did not put the appearance, hence, they have been proceeded ex-parte.

 4.      In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts, which have been stated in the complaint.  He has also placed on record the documents such as receipt of pay, reference letter, letter of amount refunded in 15 days, mail copy, reminder letter as consumer help line, postal receipts and conversation of recording. 

5.       We have heard the complainant and have perused the material placed on record.  From the documents placed on record, it is noticed that the complainant have paid a sum of Rs. 4,000/- to M/s. Excellent Jobs Solutions Pvt. Ltd. (OP) for which they have issued a receipt of dated 09.02.2015.  Further, they have recommended his name for job as per the letter written by them to a company.  Documents placed on record also show that M/s. Excellent Jobs Solutions Pvt. Ltd. (OP) have given in writing for refund of the amount within 15 days.  This writing is of dated 12.03.2015, which have been signed by their Director. 

          The fact that when M/s. Excellent Jobs Solutions Pvt. Ltd. (OP) have themselves promised to refund the amount which they have failed to do so, certainly, there has been deficiency on the part of   M/s. Excellent Jobs Solutions Pvt. Ltd. (OP) and the complainant have suffered mental pain and agony.  When there has been deficiency on the part of M/s. Excellent Jobs Solutions Pvt. Ltd. (OP), certainly, complainant is entitled for the amount of Rs. 4,000/-, paid by him with compensation. 

          In view of the above, it is ordered that M/s. Excellent Jobs Solutions Pvt. Ltd. (OP) shall refund an amount of Rs. 4,000/- with 9% interest from the date of filing the complaint.  Further, we award a sum of Rs. 5,000/- on account of compensation which includes the cost of litigation. 

          This order be complied within a period of 30 days.  If not complied, the amount of compensation shall also carry interest @ 9% p.a. from the date of order. 

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                                             (SUKHDEV SINGH)

     Member                                                                                   President