Kerala

Idukki

CC/85/2022

Anthoniraj - Complainant(s)

Versus

Mohammad Nazar - Opp.Party(s)

26 Oct 2023

ORDER

DATE OF FILING : 23/05/2022

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 26^th day of October 2023

Present :

              SRI.C.SURESHKUMAR                                               PRESIDENT

              SMT.ASAMOL P.                                                          MEMBER

              SRI.AMPADY K.S.                                                        MEMBER

CC NO.85/2022

Between

Complainant                      : Anthoniraj,

                                             North Chockanadu Estate,

                                              Munnar

                                              (By Adv.Shiji Joseph))

                                                           And

Opposite Party                    : Mohammad Nazar,

                                              Business point, Tours and Travels No.2,

                                              Ray Towers, 3^rd Floor, Nadavur Sali,

                                              9^th Cross, Thillainagar, Trichy.

 

O R D E R

SRI.AMPADY K.S.,  MEMBER

 

This Complaint is filed under S.35 of Consumer Protection Act, 2019 raising the following allegations against opposite party:-

 

1. Complainant is a driver by profession residing in the above shown address with his family.  The opposite party is a travel agent having office at Trichy.

 

2 . Opposite party has given an advertisement on 08/12/2021 in a Tamil daily offering job visa to Dubai for Rs.55,000/-.  The complainant saw the advertisement and contacted the opposite party over phone.  Then the opposite party asked the complainant to attend an interview at Trichy at hotel Ramya Plaza on 10/12/2021.  On that day the opposite party collected the complainant’s passport and asked to pay the amount.

 

3 . On 18/12/2021, complainant sent Rs.55,000/- from his South Indian Bank’s account to the opposite party’s account, through Google pay.  After receiving the amount opposite party did not gave the visa.

 

4 . Complainant, for enquiring about the visa has travelled 5 times all the way from Munnar to Thrichy.  However, opposite party neither gave the visa nor paid the money and returned the passport.  Meanwhile the complainant got an offer to go to Kuwait but the same could not be proceeded with because the passport was with the opposite party.

 

5 . Opposite party gave 3 cheques sent through registered post in February 2022 to the complainant, drawn on the account of the opposite party with the IDBI bank Thrichy.  But the date put on the cheque for an amount of Rs.20,000/- is on 18/04/2021.  Hence the complainant could not present the same.

 

6 . Complainant belongs to a poor estate labour family and the complainant arrange the money by the way of loan from local money lenders expecting the opposite party would arrange visa.  However, after receiving the complete payment and the passport, the opposite party did not return the same.  This caused considerable pain and mental agony to the complainant, for that the complainant claims Rs.50,000/- as compensation.

7 . Part of cause of action that is the payment of Rs.55,000/- was made from Munnar and the complainant resides in Munnar within the jurisdiction of the Hon’ble Commission.

 

So, he prayed for following reliefs.

 

A . Opposite party may be asked to pay Rs.20,000/- given to the complainant by putting incorrect date.

B . Opposite party may be asked to pay RS.50,000/- as compensation for the delay in returning the passport and money.

C . Rs.10,000/- may be allowed as cost of the complainant. 

D . Such other relief that deemed just and equitable also may be granted.

 

Registered notice sent to opposite party was returned with postal endorsement “left without instruction”.  Hence notice sent is treated as deemed service.  Opposite party has not appeared or filed written version.  Hence, he was set exparte on 04/07/2022.    Hence posted for evidence of complainant.  Though many chances were given for tendering evidence, counsel for complainant sought time.  On 06/06/2023 counsel for complainant submitted that, complainant has no oral evidence.  Documents produced by complainant were marked as Ext.P1series (2 in Nos) and Ext.P2.  Direction was given to produce original of P1 series.  Though 3 chances were given for producing the same, it was not produced.  Complainant submitted that complainant is abroad and therefore cannot produce original of P1 cheque and submitted that evidence of complainant can be closed.

 

Heard learned counsel for complainant.

 

On a perusal of complaint and documents produced, it is seen that complaint is with regard to inability to encash cheque No.308299 as the date of same was marked as 18/04/2021 ie, one year prior to the issuance of cheque in 2022.  Another contention is with regard to not returning his passport.

 

It is the duty of complainant to establish deficiency in service.  Complainant is silent about what happened after receipt of above cheque.  If it was prior dated which cannot be encashed due to the time limit for presentation, he could have demanded fresh cheque.  Pleadings must be specific.  Full and clear disclosure of facts is necessary in pleadings which is absent in present complaint.  From the submission of counsel, it is clear that complainant is out of the country.  If the passport was not received from opposite party, how can he go to abroad?  Complainant is not vigilant in prosecuting the matter.  On an entire analysis of the facts and evidence produced we find that complainant failed to establish his case.  He also failed to establish deficiency in service.  In these circumstances, we find that complainant is not entitled to any relief claimed. 

 

 

In the result, complaint is dismissed without costs.

Party shall take back extra copies without delay.

         Pronounced by this Commission on this the 26^th day of October 2023.

 

                                                                                             Sd/-

                                                                            SRI.AMPADY K.S., MEMBER

                                                                                          Sd/-                                                                                         

                                                                SRI.C.SURESHKUMAR, PRESIDENT

                                                                                         Sd/-

                                                                        SMT.ASAMOL P., MEMBER

 

APPENDIX

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1series (2 Nos) – Copy of cheque dated 18/04/2021 and 10/04/2022.

Ext.P2 – Copy of print out of Google pay transaction Rs.55,000/-.

On the side of the Opposite Party :

Nil

 

 

                                                                                              Forwarded by Order

 

 

                                                                                        ASSISTANT REGISTRAR