Judgment : Dt.13.9.2017
Shri S. K. Verma, President.
This is a complaint made by one Smt. Tanushree Mandal (Kundu) D/o Tapan Kumar Mondal, Vill-Brindabanpur, Banstala Ward No.1, P.O.-Arambagh, P.S.-Arambagh, Dist.-Hooghly, PIN-712 601 against Linkwide Technology, represented by its manager, registered office at 57/3M/1 (1st floor), N.Sc.Bose Road, Near Malancha Cinema Hall, P.S.-Regent Park, Kolkata-700 040, praying for a direction upon the O.P. to Rs.25,000/- along with interest @ 12 p.a. from the date of the deposition of security money and to pay compensation of Rs.50,000/- and litigation cost of Rs.20,000/-.
Facts in brief are that OP carries on business of Frank Ross Pharmacy within the jurisdiction of this Forum. Complainant is an unemployed lady and due to her poor financial condition she was in search of a job. She received an e-mail on 25.7.2016 from the office of the OP that they are in need of a lady and any lady can get registered after paying Rs.500/-. Accordingly, Complainant went to the office of the OP for interview and OP informed that as per rules Rs.25,000/- is required to be deposited in favour of the office as security money. Complainant deposited the money through cheque No.972612, drawn o n UBI, Arambagh, in favour of Linkwide Technology and after receiving the said cheque OP issued acknowledgement receipt. Thereafter, OP gave an offer letter dt.1.8.2016 for the job of Data Entry Operator in their company for the district of Hooghly. After giving appointment letter, OP also made an agreement with the Complainant for issuance of laptop bearing model No.Toshiba tecra-A8, for doing her job as Data Entry Operator, but, of no use. It was disclosed that the said lap top is not functioning. The matter was informed to the OP over telephone. Thereafter the intimation was sent to the OP. OP is carrying business and providing job on payment of commission basis from different persons and before the advertisement the Complainant tried to contact with OP but of no use. Thereafter, Complainant contacted to the Consumer Affair Dept. where she was advised to file this case.
OP did not contest the case by filing written version and so the case is heard ex-parte.
Decision with reasons
Complainant filed a petition praying for treating the complainant as affidavit-in-chief and the prayer was allowed.
Main point for determination is whether Complainant is entitled to the reliefs as prayed for.
In this regard, one Xerox copy of the registration card is filed where there is no registration number mentioned. It is signed by one Rinku Rana. The name of this Rinku Rana does not appear in the complaint. One copy of one appointment letter is also filed, which reveals that the salary of the Complainant would be Rs.7,000/-. Further, one Xerox copy of receipt issued by OP is filed which reveals that OP received Rs.25,000/-.
The allegations of the Complainant remained unrebutted and unchallenged. So, Complainant appears to be entitled for relief of Rs.25,000/- along with interest @ Rs.12 p.a. from the date of the deposit of security money. She is also entitled to compensation of Rs.10,000/- and litigation cost of Rs.5,000/-.
Hence,
ordered
CC/303/2017 and the same is allowed ex-parte. OP is directed to pay Rs.25,000/- within two months of this order. In addition, OP is directed to pay Rs.10,000/- and Rs.5,000/- as litigation cost within this period, in default, the total amount of Rs.40,000/- shall carry interest @ 10% p.a. from the date of order till realization.
