DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,  PALAKKAD

Dated this the 30^th day of May 2018

Present   : Smt.Shiny.P.R. President

              : Smt.Suma.K.P. Member                                Date of filing:  28/02/2018

              : Sri.V.P.Anantha Narayanan, Member

(C.C.No.32/2018)

Jamal Muhammed.M.A,

S/o Aliyar,

Valparamb House,

Puduppariyaram,

Palakkad – 678 731.                                                                   -        Complainant

(By Adv.N.Rajesh)

 V/s

Janardhanan,

JJ Consultancy,                                                                 -        Opposite party

Manpower Recruiting,

HRD Consultancy,
Royal Complex,

Stadium Road,

Palakkad.

                                                          O R D E R

By Smt.Suma.K.P. Member

           The complainant herein had approached the opposite party for a job on 08.08.2017 and had paid Rs.200/- towards registration charges.  At the time of registration the opposite party had informed that he has to hand over the original Aadhar card, two passport size photos & school certificates to their office.  He was also asked to pay Rs.10/- towards cost of the application fee.  The opposite party had also demanded that as soon as he joins any job from the assistance of the opposite party he should pay half the amount of the salary to their office.  The complainant states that towards the said promise, the opposite party had collected an amount of Rs.1,000/- towards advance.  The complainant had handed over all the documents to the opposite party as per the demand.  The complainant further states that the opposite party had issued receipt only for the registration fee of Rs.200/-.  The amount paid towards advance was noted down by the opposite party in a note book kept at their office.  Since there was no response from the opposite party even after ten days, the complainant went to the office and he enquired about the opportunities.  At that time the opposite party informed him to visit on 22.08.2017.  Accordingly he met the opposite party on that date and the opposite party handed over a letter to a job centre and the complainant visited the said centre from which they intimated him that there are only security jobs available for him.  The complainant submits that he had formerly intimated the opposite party that he is not willing to do security jobs.  Hence, he did not join the above institution and informed the opposite party about the same.  The opposite party informed him that he will provide another job for him.  Since there was no response from the part of the opposite party for another one month he contacted the opposite party.  The opposite party then informed him to come over 29.09.2017.  Accordingly the complainant visited the opposite party on that day and the opposite party handed over another letter for a job at Olavakkode.  When the complainant reaches the destination, there was no such concern.  He telephoned to the number shown in the letter and the person who picked the phone as him to contact after three hours.  He waited there for such a long period that he could not contact anybody of that institution.  He again contacted towards phone, and they informed him that they will intimate about the opportunity to the opposite party’s office.  He intimated the above incident to the opposite party, who in turn informed the complainant that he will provide job at another institution on the next occasion.  After waiting for a long period of one month he contacted the opposite party and they informed him to come on 21.11.2017.  The complainant further states that as and when he went to the opposite party’s office for enquiry about the job opportunity, he was forced to pay Rs.100/-.  Again after waiting for a long time, the complainant visited to the opposite party office, and the opposite party handed over a letter towards a food processing unit at Kavilpad.  Accordingly, the complainant visited the said place but the said unit was seen closed.  There was nobody at the unit to represent the centre and no job was seen functioning at that place.  The complainant alleges that the opposite party did not provide any job for the past six months and the complainant was put into deep mental strain and financial loss.  The complainant submits that at the time of his 1^st visit, he saw people making troubles at the opposite party’s office and there was exchange of words between the opposite party and some strangers.  The complainant further states that he was put to deep mental agony and atlast he visited the office of the opposite party and informed that he does not require any job and he demanded for the refund of the registration charges and advance amount of Rs.1,000/- along with the Aadhar card and other documents.  The complainant states that the opposite party refused for the same and informed that the complainant had never contacted him for any dealings.  The complainant then informed him that he will approach before the Forum but the opposite party did not care to refund the amount or to return the documents collected from him.  Hence he had approached before the Forum seeking compensation for the grievances suffered

by him.                                                                                              
          Notice was issued to the opposite party for appearance. 

          Opposite party refused the notice issued from the Forum.  Hence, notice was deemed to be served and he was called absent and set ex-parte. 

          Complainant filed chief affidavit along with document.  Ext.A1 was marked from the side of the complainant.  Evidence was closed and the matter was heard. 

The following issues that arise for consideration are.

1. Whether there is any deficiency of service from the part of opposite parties?
2. If so, what are the relief and cost?

Issues No.1 & 2

          We have perused the document and affidavit produced by the complainant before the Forum.  There is no contra evidence before the Forum to disbelieve the allegations stated in the complaint.  Hence the complaint is allowed and we direct the opposite party to pay Rs.3,000/- (Rupees three thousand only) as compensation for the mental agony and financial loss suffered by the complainant along with Rs.1,000/- (Rupees one thousand only) as cost of this litigation.  Opposite party shall also hand over the documents (Aadhar card & School Certificate) collected from the complainant at the time of registration. 

This order shall be executed within one month from the date of receipt of this order; failing which the complainant is entitled to realize 9% interest p.a from the opposite party on the total amount due to him from the date of this order till realization.   

          Pronounced in the open court on this the 30^th day of May 2018.

         Sd/-

                   Shiny.P.R

                   President 

                        Sd/-       

                   Suma.K.P

                    Member

         Sd/-

    V.P.Anantha Narayanan

                    Member

Appendix

Exhibits marked on the side of complainant

Ext.A1          -  Original Receipt dated.09.08.2017 issued by opposite party to the

             complainant

Exhibits marked on the side of Opposite party

Nil

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite party

Nil

Cost

          Rs.1,000/-