KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURM APPEALS 248/03, 299/03 & 458/03 JUDGMENT DATED.29.11.2007 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SMT.VALSALA SARNGADHARAN -- MEMBER APPEAL.248/03 Ali Ravuther, Nisha Manzil, Elapunkal, Alacka parambil house Group, Olikara side, Nedumkunnam, -- APPELLANT Kottayam-686 542. (By Ad.S.A.Karim) Vs. 1. Mathew K.Job, Karottupara House, Cheruvally Village, Cheruvally.P.O.,Kottayam District. (By Adv.Sony.A) 2 The Managing Director, Akbar Travels of India, Our Towers, Vellayambalam, Sasthamangalam.P.O. -- RESPONDENTS 3. A.I.Abdul Nazer, Manager, Akbar Travels of India, Aseam International Buildings, Near KSRTC Bus Station, Pathanamthitta. APPEAL 299/03 The Managing Director, Akbar Travels of India, Our Towers, Vellayambalam, Sasthamangalam.P.O. -- APPELLANT Thiruvanantha[uram. (By Adv.Abdul Kharim. Vs. 1. Mathew K.Job, Karottupara House, Cheruvally Village, Cheruvally.P.O.,Kottayam District. (By Adv.Sony.A) 2. A.I.Abdul Nazer, Manager, -- RESPONDENTS Akbar Travels of India, Aseam International Buildings, Near KSRTC Bus Station, Pathanamthitta. 3. Ali Rawuthar Alackaparambil House Group, Olikkara side, Nedumkunnam, Kottayam-686 542. (By Adv.S.A.Karim) A.458/03 A.I.Abdul Nazer, Manager, -- APPELLANT Akbar Travels of India, Aseam International Buildings, Near KSRTC Bus Station, (By Adv.S.Reghukumar) Vs. 1. Mathew K.Job, Karottupara House, Cheruvally Village, Cheruvally.P.O.,Kottayam District. (BY Adv.Sony.A) 2. The Managing Director, Akbar Travels of India, Our Towers, Vellayambalam, Sasthamangalam.P.O. Thiruvanantha[uram. -- RESPONDENTS (BY Adv.A.Abdul Karim) 3. Ali Rawuthar Nisha Manzil, Elappunkal, Alackaparambil House Group, Olikkara side, Nedumkunnam, Kottayam-686 542. (By Adv.S.A.Karim) COMMON JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT Appeal 248/03 is filed by the third respondent and appeal 299/03 is filed by the first opposite party and Appeal 458/03 is filed by the second opposite party in OP.184/00, the proceedings initiated by the complainant /respondent in the appeals claiming compensation to the extend of Rs. 150000/- alleging that he was taken to Soudi Arabia by respondents 1 to 3 on a job viza but on the account of their negligence the original driving license of the complainant was not forwarded to the sponsor and hence he was deported back house, he had paid Rs.42000/- to the respondents/appellants for arranging the job visa and transportation. The first Respondent/complainant had contended that he had given the original driving license to the 1st opposite party through the 2nd and 3rd opposite parties/appellants for getting the visa stamped. Appellants have relied on Ext.D1. It is mentioned that Ext.D1 documents which is the statement of the sponsor attested at the Soudi Embassy, Riyad. It is mentioned herein that the complainant could not be employed as following three tests conducted it was found that he was ignorant in vehicle driving. It is also mentioned that he paid expenses including his air ticket and salary for one month. We find that the Forum below has not considered the evidence at all and hence the order is not supported by reasons. The Forum below has ordered appellants 1 to 3 to pay to the complainant to Rs.50,000/- as compensation with future interest at Rs.14.5% and also to pay Rs.22500/- as travel expenses and Rs.1000/-as costs. The order of the Lower Forum is set aside. The matter is remitted back to the forum below which shall permit the parties to adduce evidence if they so desire and dispose of the matter on merits. The case will stand posted before the forum below on 14/1/08. JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SMT.VALSALA SARNGADHARAN -- MEMBER |