IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.

CONSUMER CASE NO. : 133/S/2013.                DATED : 11.02.2016.            

BEFORE  PRESIDENT              : SRI BISWANATH DE,

                                                              President, D.C.D.R.F., Siliguri.

                      MEMBER                : SRI PABITRA MAJUMDAR.

COMPLAINANT                 : SRI REGAN RAI,  

  S/O Sri Dilip Rai,

  R/O Ambootai Tea Estate,

  Vill.- Kumaltar,

  P.O. & P.S.- Kurseong, Dist.- Darjeeling.

O.P.            1.                                : HIMALAYAN OVERSEAS SERVICES,

  A company registered under the Companies

  Act, 1956, having its registered office at ‘Tashi

  Dalek Hotel’, North Bengal Medical College

  Road, P.O.- Sushrutanagar, Dist.- Darjeeling.

2.                               : Smt. Tapasi Bhattacharjee,

  W/O Sankar Bhattacharjee,

3.                               : SRI SANKAR BHATTACHARJEE,

  Father’s name not known,

  Both are residents of ‘Tashi Dalek Hotel’,

  North Bengal Medical College Road,

  P.O.- Sushrutanagar, Dist.- Darjeeling.

4.                               : SRO ARINDAM ROY CHOWDHURY,

  S/o Anjoy Roy Chowdhury,

  Resident of Vivekananda Pally,

  P.O.- Kadamtala, Dist.- Darjeeling.

FOR THE COMPLAINANT         : Sri Rathin Sarkar, Advocate.

J U D G E M E N T

Sri Biswanath De, Ld. President.

The complainant’s case is that the complainant is unemployed youth.  He was in search of a job.  He made contact with OP on condition that OP shall take step for making appointment of the complainant in a foreign country.  On 17.12.2012 the OPs has received a sum of

Contd……P/2

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Rs.31,000/- from the complainant with an assurance to send him immediately to Norway for the purpose of job.  The complainant paid the sum with a hope of establishment.  The OPs have issued money receipts.  Thereafter, after showing the photocopy of visa for Norway, the OPs have took a further sum of Rs.3,66,500/- on 23.02.2013 from the complainant under money receipt issued by OP No.4 to the complainant.  Thereafter, the complainant was asked by the OP No.4 to come to Kolkata for going to Norway.  But he was not sent to Norway for the reason best known to the OPs.  Complainant visited the office of the OPs on several occasions, but did not get the job nor did not get money return from the OPs.  In this way after seeing the acts of the OPs, it is reasonably apprehended by the complainant, that the OPs in collusion and in connivance with each other have illegally tried to grab the hard and money of the parents of the complainant.  It is also case of the complainant that after carefully going through the photocopy of the visa of the complainant, it was surprisingly found that though OPs have taken huge sum of money from the complainant for the purpose of the job replacement in abroad, but the visa of the complainant was issued in the category of non-professional with clearly establish the intention of the OPs.  It is also further case of the complainant that complainant became known that OP No.3 has lodged one complaint against the Asian Overseas Tours and Travels for cheating.  But neither the OPs nor their representative have ever been disclosed to the complainant that said Asian Overseas Tours & Travels has/has any role to play for the job replacement of the complainant.  After waiting long time, the complainant did not get any job.  Under such compelling circumstances, this case has been instituted before this Consumer Forum as the OPs did not keep their promise to arrange job for the complainant. 

OP Nos.1, 2 & 3 appeared and filed written version on 25.03.2014 denying inter-alia all the material allegations as raised by the complainant.  The complainant did not pay any cash to the OP Nos.1, 2 & 3.  These OPs have not received any amount from the OP No.4.  The acts and conduct of the OP No.4 is not controlled by the OP Nos.1, 2 & 3.  The claim of the complainant against the OP Nos.1, 2 & 3 are baseless

Contd……P/3

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and the same has no legal basis.  Accordingly, it is prayed by OP Nos.1, 2 & 3 to pass order for dismissal of the complaint case. 

It is also stated by OP Nos.1, 2 & 3 that the OP No.3 through the OP No.4 sent message to the complainant that the Agency M/s Asia Overseas & Travels had cheated them and for that the OP No.3 has lodged a complaint against the said agency before Baguihati Police Station, Bidhan Nagar through Court and Baguihati P.S. Case No.243/13 dated 26.05.2013 under 420,420(6) IPC have been started against personnel of M/s Asia Overseas & Travels and they have been arrested in this case.  In their connection some passports have been ceased by the police.  It is also case of OP Nos.1, 2 & 3 that the complainant did not make M/s Asia Overseas & Travels as party to the complaint case who is the principal party and any deficiency in service if caused, then it is caused by M/s Asia Overseas & Travels who are the party of this case.  It is also case of the OP Nos.1, 2 & 3 that these OPs informed such fact to the complainant and other candidates about the said facts show that the OPs might not be blamed of any type of mal practice or cheating and this fact of engagement of M/s Asia Overseas & Travels with the OP for providing job in the abroad was within the knowledge of the complainant.  The OP Nos.1, 2 & 3 further state that they did not receive any amount of Rs.3,66,500/-.  The complainant has paid a sum of Rs.31,000/- to OP Nos.1, 2 & 3 for registration, passport and visa which was transferred to the said M/s Asia Overseas & Travels.  So, it is prayed that the case should be dismissed.      

The case of the OP No.4 is that the OP No.4 was engaged as a Marketing Manager by Himalayan Overseas Service vide appointment letter dated 05.08.2011 and he worked under the direction of OP No.2 and 3 and if any monetary transaction was taken that may be taken between OP No.2 and 3.  OP No.4 also submits that OP No.4 was appointed by the OP No.2 to collect Passport of the client for purpose of VISA stamping/ENCR clearance etc and he was duty bound to give day to day progressive report to the OP No.2.  It is also case of the OP No.4 is that the OP No.3 lodged one written complaint against said “M/s Asia Overseas and Travels” before the Ld. C.J.M., Barasat and subsequently

Contd……P/4

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one Baguihati P.S. case being No.243/2013 was started and during investigation of the said case the complainant told to the I.O. that the entire amount was paid in the hand of the OP No.3 at the Kolkata Office of “M/s Asia Overseas & Travels”.  OP No.4 also submits that the complainant has not paid any amount to the OP No.4 if any amount received by the OP No.2 and 3, they are solely responsible but not the OP No.4.  OP No.4 further states that the OP No.4 has handed over the entire money taken by him to the OP No.2 and 3.  Therefore, the OP No.4 prays for dismissal of the instant complaint with cost. 

Points for decision

1.       Whether there is deficiency in service on the part of the OPs ?

2.       Whether the complainant is entitled to get the relief as prayed for ?              

Complainant has filed the following documents :

1.       Photocopy of paper publications dated 18.05.2012, 19.05.2012, 09.06.2012, 14.06.2012, 12.12.2012 and 13.12.2012.

2.       Original of Money Receipt in the account of Himalayan Overseas Services. 

3.       Original copy of the Money Receipt dated 23.02.2013. 

4.       Original copy of the Declaration Form dated 17.12.2012.

5.       Original copy of the Special Power of Attorney. 

6.       Original copy of Bank Deposit Receipt dated 07.02.2013.

7.       Original copy of Bank Deposit Receipt dated 21.01.2013.  

OP No.4 has filed the following documents :-

1.       Original identity card issued by the Propriety Smt. Tapashi Bhattacharjee.

2.       One original identity card issued by the company for working as Marketing Manager. 

3.       One original Appointment letter issued by Propriety Smt. Tapashi Bhattacharjee.

4.       One original received copy of F.I.R. lodged by the OP No.4 against the company. 

Contd……P/5

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5.       One original received copy of F.I.R. lodged by wife of the OP No.4 against the Smt. Tapashi Bhattacharjee and Sri Shankar Bhattacharjee. 

6.       One Xerox copy of complaint lodged by Sri Shankar Bhattacharjee against Asia Overseas & Travel before the Ld. C.J.M., Barasat vide Case No.243/3 U/S 420/406 & 34 of I.P.C. 

Complainant has filed evidence-in-chief with affidavit. 

Complainant has filed written notes of argument. 

OPs did not file evidence-in-chief and written notes of argument.

Decision with reason.

          All the issues are taken up together for the brevity and convenience of discussion.

From the document filed by the complainant Sl. No.1 shows that Himalayan Services made advertisement for job in varies countries on different dates mentioned herein.  Sl. No.2 is an acknowledgement of receipt of Rs.31,000/- in the pad Himalayan Overseas Services, North Bengal Medical College Road, dated 17.12.2012.  Sl. No.3 is receipt of Passport from the complainant Regan Rai in the pad of Himalayan Overseas Services with seal.  Sl. No.4 is a receipt of Rs.3,66,500/- fro Regan Rai on 23.02.2013 with seal and in the pad of Himalayan Overseas Services.  Sl. No.5 is a Notarial certificate. 

So, the documents filed by the complainant show that OP No.1 made advertisement for job and as per other documents the complainant shows that complainant paid money to or for Himalayan Overseas Services.

The OP Nos.1, 2 & 3 in spite of filing written version did not raise any question regarding these documents mentioned hereinbefore.  So, the contentions of those documents filed the complainant go unchallenged. 

The document filed by the OP No.4 shows that Arindam Roy Chowdhury was Marketing Manager and this Arindam Roy Chowdhury was appointed by Himalayan Overseas Services on 22.10.2013 in the pad of Himalayan Overseas Services.  This Arindam Roy Chowdhury has lodged F.I.R. before the Officer–in-charge, North Bengal Medical College,

Contd……P/6

-:6:-

T.O.P., P.S.- Matigara, Dist.- Darjeeling, against Himalayan Overseas Services as an employee of Himalayan Overseas Services against Smt. Tapashi Bhattacharjee, authorized representative of that company.  The FIR is self contained and raised allegation against other OPs.  The OP No.4 has also filed six receipts of passport from different persons in the pad of Himalayan Overseas Services with signature of the candidate on those receipts.  But none of these six signatories or persons are party in this case.  Another Xerox copy of a complaint case filed under 156(3) deposited on 26.05.2013 have been filed as implied by the OP No.4 in the column no.7 of that F.I.R. under 156(3) of Cr. P.C. against six persons.  Para 7 shows from whom those persons took money in the promise of giving job.  The complainant of that case is Shankar Bhattacharjee, husband of Tapashi Bhattacharjee, alleged proprietor of M/s. Himalayan Overseas Services of Medical College Road, Kawakhari, Darjeeling.  The complainant raised allegation against Asia Overseas & Travels.  This case concerned with Himalayan Overseas Services.  In absence of any cogent and contradictory statement of OPs, the materials on record of complainant shows that money was paid to the OP, but they did not get the job.  The role of OP No.4 and other OPs cannot be separated at this stage because OP No.4 as per record acted with other OPs and money have been collected for the purpose of job, as per material on record. 

So, from the written argument and documents filed by the parties, we are of opinion that complainant has been deprived by not providing job by the OPs in spite of taking huge amount of money.  Therefore, the complainant is entitled to get that amount which he paid for employment.

The complainant is entitled to get the actual money paid by him as shown in record of complainant along with other compensation for mental pain, agony, harassment, litigation along with interest from the date of payment of money to the OP till full payment. 

In the result, the case succeeds.

Hence, it is

                  O R D E R E D

that the Consumer Case No.133/S/2013 be, and the same is hereby allowed on contest in part against the OPs with cost.

Contd……P/7

-:7:-

The complainant is entitled to get Rs.3,97,500/- for refund/return back the amount which he paid to the OP Nos.1 to 4.

The complainant is further entitled to get Rs.1,00,000/- towards compensation for mental pain, agony and harassment caused by the OP Nos.1 to 4.

The complainant is further entitled to get Rs.25,000/- for litigation cost from the OP Nos.1 to 4.

The complainant is further entitled to get 9 % interest on the awarded sum of Rs.4,97,500/- from the OP Nos.1 to 4 from the date of filing of this case till full payment. 

The OP Nos.1, 2, 3 & 4, who are jointly and severally liable, are directed to pay Rs.3,97,500/- for refund/return back the amount which the complainant paid to them (i.e., OP Nos.1 to 4), by issuing an account payee cheque in the name of the complainant within 45 days of this order.

 The OP Nos.1, 2, 3 & 4, who are jointly and severally liable, are further directed to pay Rs.1,00,000/- by issuing an account payee cheque in the name of the complainant for mental pain, agony and harassment within 45 days of this order.

The OP Nos.1 to 4, who are jointly and severally liable, are further directed to pay Rs.25,000/- by issuing an account payee cheque in the name of the complainant for litigation cost within 45 days of this order.

The OP Nos.1 to 2, who are jointly and severally liable, are further directed to pay 9 % interest on the awarded sum of Rs.4,97,500/- to the complainant from the date of filing of this case till full payment. 

In case of default of payment, the complainant is further entitled to get interest @ 9% per annum on the awarded sum of Rs.4,97,500/- from the date of filing of this case till full realization. 

In case of default, the complainant is at liberty to execute this order through this Forum as per law. 

Copies of this judgment be supplied to the parties free of cost.

                                  -Member-                        -President-