Date of Filing : 20.04.2012
Date of Order : 16.06.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR
Dated 16th JUNE 2012
PRESENT
Sri. H.V. RAMACHANDRA RAO, B.Sc., BL, ……. PRESIDENT
Sri. T.NAGARAJA, B.Sc., LLB. …….. MEMBER
Smt. K.G.SHANTALA …….. MEMBER
CC No. 53 / 2012
Smt. Francina, W/o. K. Dass,
Aged about 56 years,
R/at: No. 239, Synaide Lane,
Marikuppam Post,
KGF – 563 119.
(By Sri. K. Sridhar, Adv.) ……. Complainant
V/s.
Mr. M. Jambu,
S/o. Muniswamy,
R/at: No. 80/1, Dasaradha Naidu Compound,
Bajan Kovil Street, Ganeshpuram,
Robertsonpet Post,
KGF – 563 122.
Business at:
Jumbu Tours & Travels,
Next to Keeda Office,
Geetha Road, Robertsonpet Post,
KGF – 563 122.
(By Sri. K.R. Srinivasaiah, Adv.) …… Opposite Party
ORDER
By Sri. H.V. RAMACHANDRA RAO, PRESIDENT
The Complainant has made this Complaint seeking direction to the OP to pay Rs.1,50,000/- making the following allegations:
“It is submitted that the complainant having experience in working at Kuwait as maiden servant. During 2006, when she was in her above said address at that time the respondent supplies sweets, confectionaries, buns, rusks to the petty shops in the area of the complainant though the respondent running the above said JUMBU TOURS AND TRAVELS and also acting as a commission agent for placements labours to the foreign countries and approached and advised complainant to contact and meet Rao Opticals of Oorgaum Road, Robertsonpet, KGF.
It is submitted that after approaching the complainant to the said Rao Opticals contact the said respondent for placement and as such they agreed for the same, the complainant paid initially Rs.5000/- and subsequently Rs.15,000/- and Rs.10,000/- in total a sum of Rs.30,000/- from 2007 January to June.
The complainant submits that the terms and conditions of the agent after collection of money from the complainant has took along with parties to Bombay Airport and thereby Kuwait agent has to be received all the arrangements has to be made by agent only. Whereas the respondent has took the complainant to Kerala and dropped nearby lodge and whereabouts not known to the complainant. The complainant and her husband waited till mid-night without food and basic necessities.
It is further submitted that for the said act of the respondent, the complainant suffers severally, tortured and untold misery and thereby met one Kadiresan who is from Tamil Nadu and begging for help, he has sent the complainant to Airport, the complainant has been sent to other maid labour to Dubai, while complainant reach Dubai. She was treated like a goat without provide any food, the complainant starving without any food for whole night at airport and one fine morning they provided one bun and taken the complainant to Reaid Embassy and there two local persons came and picked the complainant for two days on a travelling and reached one house there having goat farms and asked the complainant to clean the goat farm and shifting the goat milk to big aluminium Dabara to get heated till the gova produced, the same was done by the complainant without any alternatives to high temperature the complainant went unconscious and thereby the complainant sent to Saudi Arabia Ministry of Health. During that time the complainant met an Bangalore doctor at the said hospital he has took all the care and treated for 10 days and discharged.
It is further submitted that with the help of the said doctor the complainant came to Bombay without any means except the air ticket, after begging the help from the public, the complainant had reached Bangalore.
The complainant submit that after coming from Bangalore very next day she approached the respondent, both his resident and office address in the month of April 2009, but the respondent prolonging by saying come next month and further one pretext or the other. The complainant continuously visited again and again, as an pillar to post till January 2012 by spending money for auto from Marikuppam to his residence and further office. The complainant submit that with no other alternative she send legal notice on 21.01.2012. The respondent received on 24.01.2012.”
2. In brief the version of OP are:-
Alleged business address given in the cause title with respect to this OP is denied. OP does not know the Complainant nor received any money from the Complainant nor promised anything. At the instigation of persons who are inimically disposed towards this OP, this Complaint is filed. All the allegations to the contrary are denied.
3. To substantiate their respective cases, Complainant has filed affidavit and OP has stated that his version & documents be read as his evidence. Arguments were heard.
4. Points that arise for our consideration are:
(A) Whether there is deficiency in service ?
(B) What order ?
5. Our answers for the above points are as under:
(A) Negative
(B) As per detailed order for the following reasons
REASONS
6. Complaint is reproduced hereinabove and the same be read herein again. Complaint is as un-understandable as it could be. It carries no meaning at all. Complainant says that she has working experience in Kuwait as maid servant. When she had gone to Kuwait? When she returned? What was the Salary? Where she worked? She does not know and she has not even pleaded & explained.
7. Further she alleges that OP supplies Sweets, Confectionaries, Buns, Rusks to Petty Shops in the area and the OP is running Jumbu Tours & Travels. This has been denied. When the OP supplies confectioneries, how can he run travel agency? OP according to the Complainant supplies confectionaries on door to door basis. So, it is impossible to believe that he is having travel agency.
8. Further Complainant has stated that OP approached the Complainant regarding working and agreed to give placement to the Complainant. This has been denied by the OP. When she has paid Rs.30,000/-? How she has paid? There is no answer. There is no document produced by the Complainant to show that Complainant in fact paid any amount to the OP on any date for doing any service and for what purpose she had paid this money. According to her, she is working in Kuwait. Hence, she can go that Country because she is having Passport & VISA from that Country or apply for job in the middle east countries, that has not been done.
9. Further, Complainant stated that along with other parties, she had to be taken to Bombay Airport and thereby Kuwait agent had to receive the Complainant and make necessary arrangements. When she had to be taken to Bombay is not at all stated. From where she had to be taken to Bombay is not stated. Bombay is not in Karnataka State.
10. According to her, OP took her to Rao Opticals for placement and Rao Opticals collected the money. If Rao Opticals collected Rs.30,000/-, how can be OP is responsible for that? OP is neither travel agent nor service provider or a job provider or any employer.
11. Further Complainant says that instead of taking her to Bombay she was taken to Kerala and she was dropped by the OP nearby the lodge. In Kerala in which place she was taken and when she was taken is not at all stated. Complainant has produced Train Ticket No. 96423841 dtd. 08.03.2009, PNR No. 812-9218641 and Ticket No. 067237212 dtd. 27.01.2009. This only speaks out only one person on a particular date and not any other person. If the OP had taken the Complainant to Kerala or to Trivendrum, there should have been Ticket of OP of the said date, but that is not there. That means she was not taken to Kerala. If the Complainant had paid the amount in 2007, how can she is taken in 2009 to Kerala or Trivendrum? There is no answer.
12. Further, Complainant says that she was dropped by the OP nearby the lodge in Kerala. Kerala is a State. Where she has been dropped? whether it is in Trivendrum, whether it is in Kochi, whether it is Adoor, whether it is Kasargod, whether it is Trissur, Guruvayur or any other place or Nagarkoil, it is not stated and which is the lodge is not stated.
13. Further, she has stated that one Kadiresan of Tamil Nadu sent her to Airport. Who is Kadiresan? To which Airport she has gone? She has not whispered.
14. Further she has stated that she was sent to Dubai. Who sent her to Dubai? How she has gone? Who paid the money to go to Dubai? There is no answer.
15. Further she has stated that when she was in Dubai and she was mal treated by her employer and same person sent her back. That means, she has gone for job to Dubai, she has been provided job in Dubai and she was working in Dubai. Then what is there to show that Complainant was agreed to be sent to any Country by the OP or received the money from them. No Air Ticket is produced, no VISA of Dubai or Kuwait is produced.
16. Complainant banks on alleged visiting Card of the OP, OP denies it. Merely producing one Visiting Card, it does not mean that OP has received the money and given it to the Complainant. No signature of the OP is there on this.
17. There is no proof to show that OP is doing business in the name of Jumbu Tours & Travels. Hence, for the foregoing reasons, there cannot be any privity of contract between the Complainant and the OP and there is no deficiency in service.
18. Hence, we hold the above points accordingly and pass the following order:
ORDER
1. Complaint is dismissed.
2. Send copy of this Order to the parties free of costs.
3. Return extra sets to the parties concerned under the Regulation 20(3) of the Consumer Protection Regulations 2005.
(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 16th of June 2012)
T. NAGARAJA K.G.SHANTALA H.V.RAMACHANDRA RAO
Member Member President
SSS
