By Smt. Beena. M, Member:
This is a complaint filed under Section 12 of Consumer Protection Act 1986.
2. Complainant’s case in brief is as follows:- The complainant is a Diploma holder in I.T Civil Marine mechanics and the opposite party is a job consultant having an office in the name of SAM Global. And the opposite party approached the complainant and told that he will arrange labor job visa at the nation of Australia and after discussion, the opposite party demanded Rs. 2,00,000/- for the same. By believing the words of the opposite party the complainant has been transferred Rs.2,00,000/- to the opposite party on 01-03-2018 through his bank account. The complainant has given all necessary documents for visa processing and for job. The opposite party told that the visa will be issued within two months. But even after two months the complainant has not received the visa and contacted the opposite party, the opposite party told to the complainant that the visa processing is started and asked him to wait for some more time. In the month of June 2018 the opposite party told to the complainant that the complainant has to arrive at Malaysia to receive Visa and told that the visas are processing in the nation of Malaysia and on 09-06-2018 complainant along with one Nithin Jose, S/o Jose who has also given Rs.2,00,000/- to opposite party for same job visa went to
Malaysia with great hope and stayed there for one and half months, but he has not receive visa, the complainant regularly contacted the opposite party, but no positive response was received and they returned to native. The complainant lived in Malaysia at his own cost and that makes high financial liability to complainant. The complainant thereafter several times contacted the opposite party and asked to return the cash and further that the opposite party issued a cheque for an amount of Rs.2,00,000/-. But after presentation of the cheque that was returned unpaid due to insufficiency of funds in the account of the opposite party. The act of the opposite party is unfair and deficiency of service and the opposite party has caused unlawful loss and damages to the complainant and so he claimin Rs.2,00,000/- as the loss and damages and additional expenses incurred by way of journey and stay at Malaysia.
3. After the registration of the case the Forum issued notice to the opposite party and the same was duly served. But he did not turn to appear before this Forum and hence his name called and set ex-party.
4. The Complainant was examined as PW-1 and documents were marked as
Exhibit A1 to A6.
5. On perusal of complaint and documents the Forum raised the following points for consideration:-
1. Whether the opposite party is committed deficiency in service?
2. Whether the complainant is entitled to get the reliefs as prayed?
3. Relief and cost.
6. Point No. 1 & 2:- The complainant was examined as PW1 and Exts. A1 to A6 were marked. Ext. A1 is the cash payment slip dated 01-03-2018, Ext. A2 is the cheque issued by the opposite party, Ext. A3 is the cheque return memo, Ext. A4 is the copy of passport, Ext. A5 is the telephonic conversation between complainant and the opposite party and CD, Ext.A6 is the email communication and whatsapp communication between complainant and the opposite party.
7. From the documents it can be seen that the complainant transferred Rs.2,00,000/- to the opposite party for assured visa. But the opposite party failed to provide the assured job. Since the opposite party failed to provide assured service to the complainant they have committed deficiency in service. Moreover the Opposite party failed to contest the case and therefore we can only gone alone with the complainant. The case of the complainant stands unchallenged and his prayer for return the amount with cost and compensation is only to be allowed along with compensation. The complainant had succeeded to prove his case. Therefore the opposite party is bound to return the amount received from the complainant. So, this point is answered against the Opposite party.
8. Point No. 3 :- The complainant also claim Rs. 2,00,000/- towards compensation and Rs 20,000/- for costs. Since the Points No.1 is found against the Opposite party. Hence the complainant is entitled to get back the amount paid to the opposite party together with compensation and cost.
In the result, the complaint is partly allowed as follows:- The opposite party is directed to return the amount of Rs. 2,00,000/- (Rupees Two lakh only) to the complainant. The opposite party is further directed to pay an amount of Rs.1,00,000/- (Rupees One lakh only) towards compensation. And pay Rs.2,000/-(Rupees Two Thousand only) as cost of the proceedings. The order shall be complied within the period of one month from the date of this order. Failing which the amount of Rs. 2,00,000/- shall carry interest at the rate of 9% per annum from the date of order till realization.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 29th day of February 2020.
Date of filing:28.10.2019.
PRESIDENT: Sd/-
MEMBER : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant.:-
PW1. Jobit. M.A Complainant.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:
A1. Deposit Slip. dt:01.03.2018.
A2. Cheque. dt:28.02.2019.
A3. Cheque deposit return memo. dt:28.05.2019.
A4. Copy of Passport.
A5. CD.
A6. e-mail Communication and Whatsapp Communication.
Exhibits for the Opposite Party:-
Nil.
