O.Ps notified through e-mail dated 18/02/2022 at 5:40 P.M. that O.P No. 1 arranged service and settlement at abroad. Complainant after getting assurance from the O.Ps paid Rs. 1,180/- on 18/02/2022, Rs. 500/- on 21/02/2022, Rs. 88,000/- on 21/02/2022, Rs. 15,668/- on 28/02/2022 and Rs. 4251/- on 01/03/2022 through Bank of India, Indralok branch, Kolkata.
Complainant sent e-mail to O.P No. 2 along with all credentials document. Complainant’s father sent four e-mails to the O.P No. 2 on 21/02/2022. O.Ps sent retainer agreement papers to the Complainant and same has executed. Complainant sent all the necessary documents to the O.Ps but inspite of aforesaid payment and sending of documents Complainant did not get any response from the O.Ps regarding service. Hence, the Complainant filed this case praying for aforesaid reliefs.
On perusal of record we find that notices were served upon the O.Ps on 31/03/2023 but O.Ps did not appear nor filed W/V within the statutory period. Hence, the case is running ex-parte against the O.Ps vide Order No. 3 dated 15/05/2023.
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C.C. No./63/2023
TRIAL
During Trial Complainant filed affidavit-in-chief.
DOCUMENTS
Complainant filed copy of following documents which were verified at the time of hearing argument:-
- Copy of e-mail dated 18/02/2022……2 sheets…..xerox.
- Copy of e-mail relating to bank transaction of Rs. 1180/-, Rs. 500/-, Rs. 88,000/-.…3 sheets…..xerox.
- Copy of Receipt issued by O.Ps in respect of Rs. 88,000/-, Rs. 15,668/-.…3 sheets…..xerox.
- Copy of M-Passbook statement in between 01/03/2022 to 01/03/2022.…1 sheet…..xerox.
- Copy of e-mail dated 21/02/2022…2 sheets…..xerox.
- Copy of e-mail dated 21/02/2022…2 sheets…..xerox.
- Copy of retainer agreement and annexures……52 sheets….xerox.
BNA
Complainant filed BNA. O.Ps did not filed BNA.
Decisions with Reasons:-
We have heard the Ld. Advocate for the Complainant at length. Perused the petition of complaint, affidavit-in-chief filed by Complainant, documents filed by the Complainant and BNA filed by the Complainant.
Aforesaid documents were verified at the time of hearing of argument.
During hearing Ld. Advocate for the Complainant submitted that Complainant deposited the aforesaid money in favour of the O.Ps on different dates. O.Ps did not appear in this record nor filed W/V. We did not get any chance to hear the O.Ps on this point. Accordingly we find that there is no denial from the side of the O.Ps in respect of the allegations of the Complainant. There is no counter evidence against the affidavit-in-chief of the Complainant. Aforesaid affidavit-in-chief of the Complainant is nothing but unchallenged testimony. So we do not find any reason to disbelieve the same.
Placing reliance upon the aforesaid affidavit-in-chief filed by the Complainant and the aforesaid documents filed by the Complainant, we find that Complainant paid Rs. 1,09,599/- in favour of the O.Ps with the assurance that he will get a job in a foreign country with the active help of O.Ps. But Complainant did not get the said job. Complainant did not get any help from the O.Ps though he gave the service charges in favour of the O.Ps amounting to Rs. 1,09,599/-. O.Ps gave some papers, arranged agreement in favour of the Complainant but ultimately Complainant did not get any such service as per the aforesaid documents. The aforesaid act of the O.Ps are nothing but deficiency in service.
On perusal of record we find that Complainant is the consumer and O.Ps are the service provider.
Having regard to the aforesaid discussion it is clear before us that Complainant has able to established his grievance by sufficient documents beyond reasonable doubt.
Accordingly, Complainant is entitled to relief as per his prayer.
In the result, present case succeeds.
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C.C. No./63/2023
Hence,
It is
Ordered:-
That the present case be and the same vide no. CC/63/2023 is allowed on contest against the O.Ps with cost of Rs. 5,000/- (five thousand) to be paid by O.Ps in favour of the Complainant.
O.Ps jointly or severally are directed to refund Rs. 1,09,599/- (one lakh nine thousand five hundred ninety nine) in favour of the Complainant along with interest @ 10% p.a. from the date of payment to till the date of disbursement of the aforesaid amount in favour of the Complainant and O.Ps are further directed to pay the same positively within 45 days from this day, failing which Complainant shall have liberty to put this order into execution.
O.Ps jointly or severally are further directed to pay Rs. 10,000/- (ten thousand) in favour of the Complainant as compensation for his harassment, mental pain and agony positively within 45 days from this day, failing which Complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
