Sh.Anoop Sharma, Presiding Member.

1.       The complainant  has brought the instant complaint under section 12 and 14 of the Consumer Protection Act, 1986 on the allegations that as per the advertisement made by the Opposite Parties for providing services for making the carriers of unemployment educated youth in India as well as abroad against receiving the service charges, the complainant bonafide believing the version of the Opposite Parties to be true approached the office of Opposite Parties in the month of March, 2016 alongwith the original academic certificate and passport and after seeing the academic certificate of the complainant it was told by the Opposite Parties that they can provide the job to the complainant in abroad and for that purpose they shall receive consultation/ charges, file charges, service charges of Rs.1 lac and after negotiation the Opposite Parties agreed to receive Rs.78,700/- over all. At that time, it was also assured by the Opposite Parties to the complainant that they shall provide the employment to the complainant in India as well as in Canada within a period of four months. The complainant accordingly paid Rs.20,500/- vide receipt No. 366 dated 30.3.2016, Rs.38,200/- vide receipt No. 372 dated 1.4.2016 and Rs.20,000/- vide receipt No. 424 dated 18.6.2016 to the Opposite Parties. At the time of receiving the said amount, the original academic certificate and passport were also taken into possession by the Opposite Parties. Thereafter, the complainant many times went to the office of Opposite Parties to provide the job to the complainant but the Opposite Parties failed to provide the service even after receiving service/ consultation charges  as stated above and even failed to return the original academic certificate and passport of the complainant although the complainant many times made request to the Opposite Parties. After receiving the said amount, it was assured by the Opposite Parties that in case the Opposite Parties failed to give proper service, then in that event the said amount shall be returned back by the Opposite Parties alongwith the original academic certificate and passport. The aforesaid act on the part of the Opposite Parties in not providing any service to the complainant amount to deficiency in service under the provisions of Consumer Protection Act.             The  complainant has prayed for the following reliefs  through the instant complaint.

a)       Opposite Parties  be directed to return back the amount of Rs.78,700/- alongwith interest @ 18% per annum from the date of receipt of the amount till the date of its realization.

b)      Opposite Parties be directed to return the original academic certificate of the complainant alongwith with original passport.

c)       Opposite Parties  be directed to pay compensation of Rs.50,000/- for deficient services and for causing harassment,  and  mental agony to him.

d)      To pay litigation expenses to the tune of Rs.5,000/-.

Hence, this complaint.

2.       Upon notice, inspite of due service, none put in appearance on behalf of the Opposite Parties  and as such, the Opposite Parties  were ordered to be proceeded against exparte. 

3.       In his bid  to prove the case, complainant tendered  his duly sworn affidavit Ex.C1 in support of the allegations made in the complaint and also produced copies of payment receipts Ex.C2 to Ex.C4, copy of employment contract Ex.C5 and closed the exparte evidence.

4.       We have heard the ld.counsel for the complainant  and have carefully gone through the evidence on record.

5.       From the appraisal of the evidence on record, it becomes evident that as per the advertisement made by the Opposite Parties for providing services for making the carriers of unemployment educated youth in India as well as abroad against receiving the service charges, the complainant bonafide believing the version of the Opposite Parties to be true approached the office of Opposite Parties in the month of March, 2016 alongwith the original academic certificate and passport and after seeing the academic certificate of the complainant it was told by the Opposite Parties that they can provide the job to the complainant in abroad and for that purpose they shall receive consultation/ charges, file charges, service charges of Rs.1 lac and after negotiation the Opposite Parties agreed to receive Rs.78,700/- over all. At that time, it was also assured by the Opposite Parties to the complainant that they shall provide the employment to the complainant in India as well as in Canada within a period of four months. The complainant accordingly paid Rs.20,500/- vide receipt No. 366 dated 30.3.2016, Rs.38,200/- vide receipt No. 372 dated 1.4.2016 and Rs.20,000/- vide receipt No. 424 dated 18.6.2016 to the Opposite Parties, copies of the payment receipts accounts for Ex.C2 to Ex.C4. At the time of receiving the said amount, the original academic certificate and passport were also taken into possession by the Opposite Parties. Thereafter, the complainant many times went to the office of Opposite Parties to provide the job to the complainant but the Opposite Parties failed to provide the service even after receiving service/ consultation charges  as stated above and even failed to return the original academic certificate and passport of the complainant although the complainant may times made request to the Opposite Parties. After receiving the said amount, it was assured by the Opposite Parties that in case the Opposite Parties failed to give proper service, then in that event the said amount shall be returned back by the Opposite Parties alongwith the original academic certificate and passport. The aforesaid act on the part of the Opposite Parties in not providing any service to the complainant amount to deficiency in service under the provisions of Consumer Protection Act.  The evidence produced by the complainant has gone unrebutted on record as  the Opposite Parties,  despite due service, did not opt to appear and contest the proceedings. In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties  have no defence to offer or defend the complaint. The complainant has sought for refund of the amount of  Rs.78,700/- besides compensation to the tune of Rs.50,000/-. In our considered view, both the Opposite Parties  are jointly, severally and co-extensively liable to refund the amount of Rs.78,700/- to the complainant. But however, the claim for compensation to the tune of Rs.50,000/-  is concerned, the same appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has  to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, ends of justice would  be fully met if the complainant is awarded compensation to the tune of Rs.5000/- and we award the same accordingly. Besides this, the complainant is also entitled to litigation expenses to the tune of Rs.2000/-. Opposite Parties  are granted one month time to comply with the order, failing which the awarded amount shall carry interest @ 6% per annum from the date of passing the order until full and final payment. The complaint stands allowed exparte accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.

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