FINAL ORDER/JUDGEMENT

Smt. SAHANA AHMED BASU , Member ,

The case of the complainant in a capsulated form is that, the complainant received an email from the OP1 with request to attend for walk in HR Round Interview for the post of V.P.SR.HR. manager to their office on 19.04.2018 for available of three jobs and out of three one was in Kolkata namely Sterlite Industries and the complainant shown his interest for the job at Sterlite Industries. After completion of interview process OP1 demanded an amount of Rs.4000/- from the complainant as Registration Fee which will be valid for one year and on good faith the complainant deposited the aforesaid amount and a money receipt without any serial no was provided by the OPs to the complainant with stamp and signature. The complainant was assured by the OP1 that on 21.04.2018 the Sterlite Industries will pick up the complainant  from his residence and all plan, programme and final confirmation will be conveyed on behalf of the OPs to the complainant through what’sapp or msg on 20.04.2018 . But none was contacted  the complainant and the complainant made several calls on given numbers but none received those calls. Threrafter the complainant sent several emails to the OP1 and OP2 and asked to refund the deposited amount. But no action had been taken on the part of the OPs. Then the complainant lodged his grievance to the CAD and accordingly a tripartite meeting was arranged. But the OPs did not turn up. Having no other alternative the complainant compelled to seek relief/reliefs from this Ld. Commission.

OP1 has not entered appearance despite service of notice. No WV was filed by the OP1 within statutory period. Thus, the case runs ex parte hearing against OP1.

The instant consumer complaint is contested by the OPs 2 by filing WV contending inter alia that the petition of complaint is malafide, vexatious , harassing, fraudulent, motivated and purposive and  barred by the principles of estoppel, waiver and acquiescence, bad in law for misjoinder and non - joinder for necessary parties and therefore is not maintainable and liable to be dismissed . The case of the OP2 is that, Op2 was one of the Directors of ADS HR Consultancy Pvt Ltd. By a MOU entered and executed between the ADS HR Consultancy Pvt. Ltd. and Acutiva Consulting Private Limited, the said company assumed all the responsibilities and /or liabilities of ADS HR Consultancy Pvt. Ltd. ADS.OP2 was engaged in the business of providing apt manpower according to the requirement of the client companies at the stipulated time and had its membership policies with different schemes and terms and used to provide manpower to its client companies out of its members. The complainant after duly understanding and/or agreeing to the terms and conditions and the refund policy contained in the registration form had taken a membership of ADS on 19/04/2018 for 12 months in order to get job and / or interview alerts and also paid the requisite fees. As per membership ADS duly provided the complainant with several jobs and / or interviews alert from several leading companies. The membership of the complainant with ADS expired on 18/04/2019. During the subsistence of the membership of the complainant ADS has been engaged in providing the job and/ or interview alerts to the complainant as ADS was desirous of providing the complainant with an appropriate job because unless the members of the ADS get and / or provided with a job by Ads to its client companies, ADS would not get any consideration from its client companies. Under which terms and conditions the complainant was enrolled, ADS was an obligation to provide him minimum 4 nos of interview and / or job alerts of different companies as will be available to it within its registration period and accordingly the complainant had been provided with more than the promised no. of interview and/or job alerts by ADS with the details of interviews to several companies and therefore there was no breach and/or deficiency on the part of the ADS. Therefore there is no deficiency of service or negligence on the part of the OPs and the complainant is not entitled for any relief/reliefs.

The complainant has advanced the case by adducing relevant evidences and documents. OP2 has filed WV supported by an affidavit along with relevant documents. OPs 2 has failed to file questionnaire and E/chief within stipulated period. The complainant has filed BNA. We have gone through all the evidences and documents on record and gave a thoughtful consideration to the entire fact.

Admitted fact is that the complainant get registered with OPs by paying an amount of Rs.4000/- and appeared before the OPs for an interview on 19/04/2018. The complainant submitted that among four companies he chose Sterlite Industries and was assured by the OP1 that the said company will pick him up from his residence for an interview on 21/04/2018 which will be informed by the OPs through what’s app or sms on 20/04/2018. It is also submitted by thecomplainant that the OP1 told him as she was leaving for Bangalore on 19/04/2018 therefore someone namely Pubali will do necessary arrangements for the complainant and put the mobile number of said Pubali on themoney receipt issued by the OPs. In support of this submission the complainant furnished the photocopy of the money receipt. The complainant alleged that neither OP1 nor Pubali or any other person contacted  the complainant and the complainant tried to contact with the OPs through his mobile number but each and every call was unattended. When the complainant called OP1 from another number then OP1 received the phone but disconnected the call without any conversation.The complainant agitate the same matter to the OPs1 & 2  on 20/04/2018 and asked them to refund back the deposited amount of Rs.4000/ through email. Thereafter the complainant again knocked the OP2 through another mail. Photocopy of the money receipt furnished by the complainant reveals that it is mentioned on the said receipt that,“Amount once paid is refundable according to the refund policy which is posted in our website.” In the email dated 20/04/2018 sent by the complainant to the OP1 it is mentioned that it has been mentioned in the website of the OPs regarding refund policy that after Registration and attending 4 interview Money will not be refundable.Ld. Advocate for the OP2 argued that the complainant had taken membership of ADS on 19/04/2018 for 12 months policy and under which the complainant was enrolled is not a refundable policy.  The photocopy of the terms and conditions of the REGISTRATION / ENROLMENTDETAILS furnished by the OP2 does not contain any such clause. It is also argued by the Ld. Advocate of the OP2 that in terms of membership OPs duly provided the complainant with several job and/or interview alerts from several leading companies during the subsistence of the membership of the complainant. In this context OP2 has furnished evidential documents.

On perusal of the record it is found that the complainant get registered with the OPs on 19/04/2018 by paying an amount of Rs.4000/- and being dissatisfied with their service expressed his desire to discontinue the Registration/Membership and demanded refund of aforesaid amount through email dated 20/04/2018. OPs did not replied to those emails but kept sending job alerts. But they failed to establish that the complainant had attended 4 interviews. Therefore , abovementioned policy of the OPs is not applicable in this matter . On the other hand OPs did not bother to appear or file WV at tripartite meeting arranged by the CAD on 28/06/2018 to defend themselves .This gesture on the part of the OPs appears as negligence in service and also unfair trade practice to us.

In view of the above discussion we are of the opinion that the complainant is entitled to get relief /reliefs as prayed for.

As such the complaint case succeeds on merit.

Hence,

ORDERED

That the case be and the same is allowed on contest against the OP2 and on ex parte against the OP1 along with cost of Rs.10,000/-

OPs are jointly and severally directed to refund Rs.4,000/- to the complainant along with litigation cost within 45 days from the date of this order.

OPs are further jointly and severally directed to pay Rs.10,000/- to the complainants as compensation for causing harassment, mental pain and agony within specified times

OPs are also jointly and severally directed to deposit of Rs.5000/- to the “Consumer Legal Aid Unit II”.

Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.