IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,
Dated this the 19th day of October, 2012.
Present : Sri. Jacob Stephen (President)
Sri. N. Premkumar (Member)
Smt. K.P. Padmasree (Member)
C.C.No.132/2012 (Filed on 27.07.2012)
Between:
P.J. Sunny,
Padinjare Mannil Veedu,
Vadasserikkara.P.O.,
Pathanamthitta,
Pin – 689 662. …. Complainant
And:
Joy George,
Managing Director,
Regency Travel & Tours,
Aban Arcade, 2nd Floor,
Pathanamthitta.
(By Adv. Mini Lovejith) …. Opposite party
O R D E R
Smt. K.P. Padmasree (Member):
Complainant filed this complaint against the opposite party for getting a relief from the Forum.
2. Facts of the case is brief as follows: Opposite party is the Managing Director of Regency Travels & Tours, Pathanamthitta. Complainant approached opposite party in the year 2007 with a view to availing an employment visa at Canada and U.K. After consolation, opposite party informed the complainant that it is very easy to get an employment visa to the complainant considering his past employment experience. Opposite party demanded to remit ` 1 lakh as processing fees along with certificates. On 31.05.2007 complainant paid ` 1 lakh with his certificates. Opposite party issued proper receipt for the amount received by him. Opposite party informed the complainant that the processing will be started from the very same day and complainant has to remit additional ` 1,50,000 as documentation charge at the time of arranging the visa. Thereafter during the month of September 2007 opposite party demanded the complainant to remit balance ` 1,50,000 for documentation purpose. Complainant paid the amount and opposite party made endorsement on the back side of the first receipt with signature and seal. Opposite party informed the complainant that some reasonable time will be taken for processing.
3. Opposite party is personally known to the complainant. Complainant raised the amount by selling his 1.20 Acres of land having yielding rubber plants. Even after the expiration of long period, the opposite party will not arranged any visa for the complainant. Complainant demanded for the return of money with interest. Then opposite party again assured that he will arrange a job to the complainant before 10.07.2012. But even after the said date no visa was arranged by the opposite party.
4. Complainant approached the opposite party for getting the amount paid by him with compensation and the opposite party is not turned to settle the matter. Therefore, complainant filed the complaint for getting the amount paid by him to the opposite party along with interest and compensation.
5. Opposite party entered appearance and filed version with the following contentions. Opposite party admit that complainant entrusted ` 2,50,000 along with 11 certificates to the opposite party for the purpose of getting employment visa. According to the opposite party, he arranged several job visa to the complainant but complainant refused to receive the same as his demand is executive post.
6. Afterwards the complainant demanded the money entrusted and the opposite party settled the matter by paying ` 2,50,000 along with ` 1 lakh as cost and compensation. For discharging the above said amount opposite party had given 2 cheques to the complainant for an amount of ` 3,50,000 dated 04.05.2012 and 05.05.2012. Thereafter complainant returned back the above said cheque and received ` 3,50,000 from the opposite party on 23.05.2012 and signed the cash vouchers. But his certificates is with the opposite party and it is produced before the Forum. All other allegations are false.
7. The complaint is not at all maintainable against the opposite party as the matter was already settled by paying the entrusted amount along with compensation. So the complainant is not entitled to get any relief. Hence the opposite party prays for the dismissal of the complaint with their cost.
8. On the basis of the pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not?
9. The evidence of this complaint consists of the oral testimony of PW1, DW1 and Exts.A1 and B1 to B4. After closure of evidence, both sides were heard.
10. The Point: The allegation of the complainant is that he approached the opposite party for getting an employment visa. Opposite party assured the same and received ` 2,50,000 with certificates. But so far opposite party didn’t arrange job visa to the complainant. Complainant demanded the money given by him. But he is not amenable for that. Hence this complaint for getting the amount with compensation and also for getting certificates.
11. In order to prove the case of the complainant, complainant was examined as PW1 and he produced 1 document which is marked as Ext.A1. Ext.A1 is the cash receipt for ` 2,50,000 issued by opposite party.
12. On the other hand, the contention of the opposite party is that several job opportunities were arranged for the complainant, but he demanded executive post. Moreover, as per complainant’s demand opposite party give back the processing fee of ` 2,50,000 along with compensation of ` 1 lakh.
13. In order to prove the contention of the opposite party, opposite party filed proof affidavit in lieu of his chief examination. On the basis of the proof affidavit he was examined as DW1 and documents produced were marked as Exts.B1 to B4. Ext.B1 is the cheque for ` 2,50,000 issued by opposite party in the name of the complainant. Ext.B2 is the cheque for ` 1 lakh issued by opposite party in the name of the complainant. Ext.B3 and B4 are the cash vouchers in the name of the complainant issued by opposite party.
14. On the basis of the contention and arguments of the parties, we have perused the entire materials on record and found that complainant entrusted ` 2,50,000 to the opposite party along with his certificates. The crucial question to be decided is whether that amount is given back to the complainant or not?
15. According to the complainant, the amount paid by the complainant is not repaid by the opposite party. On the other hand, the contention of the opposite party is that he had given two cheques for ` 3,50,000 to the complainant being the actual amount received and the compensation to the complainant with an assurance that he will deposit required amount in bank for honouring the cheques after few days. But the complainant presented the said cheques at his bank for collection against the advice of the opposite party and hence the cheques were dishonoured for want of sufficient fund in the account of the opposite party. Thereafter, the complainant approached the opposite party through the complainant’s wife along with dishonoured cheque for getting the cheque amount. At that time, the opposite party paid an amount of ` 3,50,000 to the wife of the complainant as per the advise of the complainant and obtained the dishonoured cheques. Thereby he had settled the entire transaction with the complaint.
16. In view of the contention of the opposite party, we have gone through the pleadings in the complaint. As per the pleadings in the complaint, there is no mention about the receipt of the cheque by the complainant and its dishonour. Moreover, the complainant had no case at any point of time that the dishonoured cheques were obtained by the opposite party by any illegal methods. So it can be presumed that the payment of the cash in respect of the dishonoured cheques was made by the opposite party. Further nobody can believe that the holder of a dishonoured cheque will return it to the drawer without getting the cheque amount or without obtaining any evidence for showing that the cheque was returned without receiving the cheque amount. The possession of Ext.B1 and B2 dishonoured cheque drawn in the name of the complainant with the opposite party itself shows the malafides of the complainant. Therefore, we cannot find any merits in this complaint. Hence this complaint is liable to be dismissed.
17. In the result, this complaint is dismissed with no cost with a direction to the opposite party to return the certificates of the complainant to the complainant.
Declared in the Open Forum on this the 19th day of October, 2012.
(Sd/-)
K.P. Padmasree,
(Member)
Sri. Jacob Stephen (President) : (Sd/-)
Sri. N. Premkumar (Member) : (Sd/-)
Appendix:
Witness examined on the side of the complainant:
PW1 : Sunny. P.J
Exhibits marked on the side of the complainant:
A1 : Cash receipt dated 31.05.2007 for ` 1 lakh issued by
opposite party in the name of the complainant
Witness examined on the side of the opposite party:
DW1 : Joy P. George
Exhibits marked on the side of the opposite party:
B1 : Cheque for ` 2,50,000 dated 04.05.2012 issued by opposite
party in the name of the complainant.
B2 : Cheque for ` 1,00,000 dated 05.05.2012 issued by opposite
party in the name of the complainant.
B3 : Cash voucher dated 23.05.2012 for ` 3,00,000 issued by
opposite party in the name of the complainant.
B4 : Cash voucher dated 25.05.2012 for ` 50,000 issued by
opposite party in the name of the complainant.
(By Order)
(Sd/-)
Senior Superintendent
Copy to:- (1) P.J. Sunny, Padinjare Mannil Veedu,
Vadasserikkara.P.O., Pathanamthitta,
Pin – 689 662.
(2) Joy George, Managing Director,Regency Travel & Tours,
Aban Arcade, 2nd Floor, Pathanamthitta.
(3) The Stock File.
