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 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 an amount of 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, 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 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 Jobit, S/o Augustine 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 received 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 too cost 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 claiming 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 A-1 to A-6.
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:- Here complainant was examined as PW1 & Exts. A1 to A6 were marked. Ext. A1 is the statement of accounts of complainant, Ext. A2 is the cheque issued by the opposite party, Ext. A3 is the cheque return memo dated 10-05-2019, Ext.A4 is the copy of passport of complainant, Ext. A5 is the Telephonic conversation between complainant and opposite party & CD, Ext.A6 is the email communication and whatsapp communications between complainant and opposite party.
7. From the documents it can be seen that the complainant transferred Rs. 2,00,000/- to the opposite party through his account for assured job. 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 was set ex-party and hence there is no challenge regarding the Exhibits A-1 to A-6 and testimony of PW-1. Since the opposite party is ex party in the proceedings the document produced by the complainant and the allegations set forth in the complaint and oral testimony are unchallenged. 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. 2 :- The complainant also claim Rs. 2,00,000/-(Two lakhs) towards compensation & Rs. 20,000/-(Twenty Thousand) 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 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 a period of one month from the date of this order. Failing which the amount of Rs.2,00,000/- (Rupees Two lakh only) 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. Nidhin Complainant.
Witness for the Opposite Party:-
Nil.
Exhibits for the Complainant:
A1. Statement of Account. dt:01.03.2018.
A2. Cheque. dt:28.02.2019.
A3. Cheque return memo. dt:10.05.2019.
A4. Copy of Passport.
A5. CD.
A6. e-mail Communication and Whatsapp Communication.
Exhibits for the Opposite Party:-
Nil.
