BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

                                                                Complaint No.422 of 2022

                                                                Date of Instt. 14.11.2022

                                                                Date of Decision: 29.03.2023

Gaurav Pourh aged 24 years S/o Hari Ram Pourh resident of H.No.11, Tower Enclave, Phase-3 Tower Town Colony, Jalandhar City, Tehsil & Dist. Jalandhar, (Punjab) India PIN-144014 at present residing C/o Olympia Ship Management Pvt. Ltd, Khargarh Navi Mumbai, Maharashtra, attorney of Hari Ram Pourh aged 67 years S/o Sh. Nasib Chand resident of H.No.11, Tower Enclave, Phase-3 Tower Town Colony, Jalandhar City. Tehsil. & Dist. Jalandhar, (Punjab) India PIN-144014. Mob. 9041 76674.

..........Complainant

Versus

1.       M/s Being India Global Services (BIG Services) and Ghanashvi        Maritime Services India. Pvt. Ltd.At Office No.402, B Wing   Sector, 15 Plot No. 53, Brahma Complex, CBD Belapur, Navi       Mumbai through its Director/MD.

2.       M/s Ghanashvi Maritime Services India. Pvt. Ltd. At Office     No.402, B Wing Sector, 15 Plot No. 53, Brahma Complex, CBD          Belapur, Navi Mumbai through its Director/ MD.

3.       Sahil Gavali, Being India Global Services (BIG Services) and Ghanashvi Maritime Services India. Pvt. Ltd. At Office No.402, B Wing Sector, 15 Plot No. 53, Brahma Complex, CBD Belapur,       Navi Mumbai.

4.       Imran Sayyed, Being India Global Services (BIG Services) and          Ghanashvi Maritime Services India Pvt. Ltd, At Office No.402, B        Wing Sector, 15 Plot No. 53, Brahma Complex, CBD Belapur,          Navi Mumbai.

5.       Leo, Being India Global Services (BIG Services) and Ghanashvi       Maritime Services India Pvt. Ltd, At Office No.402, B Wing   Sector, 15 Plot No. 53, Brahma Complex, CBD Belapur, Navi       Mumbai

6.       Nita Shide, Being India Global Services (BIG Services) and     Ghanashvi Maritime Services India Pvt. Ltd At Office No 402, B         Wing Sector, 15 Plot No53, Brahma Complex, CBD Belapur,       Navi Mumbai.

7.       Rahul. Being India Global Services (BIG Services), and           Ghanashvi Maritime Services India Pvt. Ltd, At Office No.402, B        Wing Sector, 15 Plot No. 53, Brahma Complex, CBD Belapur,          Navi Mumbai.

8.       Akhil, Being India Global Services (BIG Services) and   Ghanashvi Maritime Services India Pvt. Ltd, At Office No 402, B Wing Sector, 15 Plot No. 53, Brahma Complex, CBD Belapur,           Navi Mumbai.

                             ….….. Opposite Parties

          Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                            (Member)

                   Sh. Jaswant Singh Dhillon       (Member)                      

Present:       Sh. Kuldip Bhatti, Adv. Counsel for the Complainant.

                   OPs No.1 to 8 exparte.

Order

                   Jyotsna (Member)

1.                The instant complaint has been filed by the complainant through his attorney Hari Ram, wherein it is alleged that the complainant executed a special power of attorney in favour of his father i.e. Hari Ram. The OPs are doing the business of providing Job to un- employed under the name and stile Being India Global Services (BIG Services) And Ghanashvi Maritime Services India. Pvt. Ltd. (Lic No. RPSL-MUM-162075), both at Office No.402, B Wing Sector, 15 Plot No53, Brahma Complex, CBD Belapur, Navi Mumbai. The complainant approached to OPs through his friend Aman Kumar for his Job as TME. The Complainant used to contact through his mobile no.9872602207 to OPs on mobile Nos. 77384- 58444 (Rahul), 84509-68111 (Akhil), 91360-65999 (Leo), 91369- 42555 (Nita Shinde), 98333-63999 (Salil Gavali) and 77387-06881 (Imran Sayyed) time to time for his job of Trainee Marine Engineer and OPs assured to Complainant for job of TME for sum of Rs.4,00,000/- and OPs received a Resume along with relevant document through his mobile. The OPs took the money of Rs.2,00,000/- in advanced, as such Rs.1,00,000/- by online transaction Id: T2109011720053617427069 on dated 01/09/2021 and Rs.1,00,000/- also by online transaction id IMPS/P2A/126719659018 on dated 24/09/2021 in his account and opposite Party issued a false and frivolous appointment letter regarding the job of complainant to collect the money and the complainant had given remaining amount Rs.2,00,000/- to the OPs being provided the job. But till date OPs not provided the job of TME to the Complainant. The complainant requested many times for his outstanding amount of Rs.2,00,000/- but the OPs refused the request of client. Then Complainant went to above said offices, Navi Mumbai for the same and the OPs again and again assured to Complainant that your job is done within one week and OPs also assured to complainant that total expenses of food plus accommodation for stay there will be provided free of cost, but OPs linger on the matter for 15 days, but the OPs have not provided the job nor refund the money of Rs.2,00,000/-. And the OPs given only Rs.5000/- in cash for expenses of 15 days, but the complainant spent amount of Rs.25,000/- for 15 days stay in Mumbai, during this period Complainant many time requested with folded hand to OPs again and again and the OPs assured to Complainant that your money shall be refund within 45 days which is from 28 January 2022 to 14 March 2022. The OP No.3 refund Rs.20,000/- to the Complainant by online transaction bearing transaction Id: UPI/CR/201464341187 on dated 10/02/2022 from the account of Sahil Gavali/BIGS, OP No.4 Rs.20,000/- by online transaction by Google Pay bearing transaction Id: 207427864234 on dated 15/03/2022 from the account of Imran Sayyed of Kotak Mahindra Bank and again opposite party no.3 Rs. 10,000/- by online transaction bearing transaction Id: UPI/CR/208596185914 on dated 26/03/2022 from the account of Sahil Gavali/BIGS i.e. OP No.3 as such the OPs refunded Rs.50,000/- out of Rs.2,00,000/- and remaining amount of Rs.1,50,000/- is still pending with OPs. Now Complainant many times requested to OPs for outstanding amount of Rs.1,50,000/-, but all in vain. The OPs assured to Complainant that your outstanding amount shall be refunded within 45 days through on line transaction, but still pending. Thereafter the complainant served the OPs No.3 to 8 with statutory legal notice through his counsel dated 02/05/2022 and the OPs No.1 & 2 on dated 29/10/2022 through registered post calling upon the accused to pay the value of the above said amount within the stipulated time of 15 days from the receipt of the notice. Despite due service of the statutory legal notice, the accused willfully failed and neglected to comply with the demand contained in the notice i.e. to pay the value of amount. Nor did he send any reply to said notice till date and as such necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to refund the entire deposited amount of Rs.1,50,000/- alongwith interest @ 12% per annum on the deposit amount of Rs. 1,50,000/-. Further, OPs be directed to pay a compensation of Rs.5,00,000/- for causing mental tension and harassment to the complainant and Rs.33,000/- as litigation expenses.

2.                Notice of the complaint was sent to OPs, but notices were received back with the remarks ‘refused’ and ultimately, all the OPs were proceeded against exparte.

3.                In order to prove his respective version, counsel for the complainant has produced on the file his respective evidence by way of affidavit.

4.                We have heard the learned counsel for the complainant and have also gone through the case file as well as written arguments submitted by the counsel for the complainant very minutely.

5.                The complaint has been filed by the complainant wherein , it has been alleged that the OPs are doing the business of providing jobs to the unemployed under the name and style of M/s Being India Global Services (BIG Services) and Ghanashvi Maritime Services India Pvt. Ltd. at Birlapur, Navi Mumbai. The complainant approached the OPs to provide him the job of Trainee Marine Engineer (TME). The OPs assured the complainant to provide him the job of TME and to charge a total fees of Rs.4,00,000/- from the complainant. The OP took the money of Rs.2,00,000/- in advance i.e. Rs.1,00,000/- by online transaction ID: T2109011720053617427069 dated 01.09.2021 Ex.C-4 and Rs.1,00,000/- by online transaction ID IMPS/P2A/126719659018 dated 24.09.2021 Ex.C-6. The remaining amount of Rs.2,00,000/- was to be paid after the OPs provide the job of TME to the complainant. The OP issued a fake confirmation letter as per Ex.C-8 but did not provide the job.

6.                Despite repeated request by the complainant OPs failed to provide the job. Complainant also visited the office of Bombay and ultimately OPs agreed to return the Rs.2,00,000/- to the complainant within 45 days from 28 January, 2022.

7.                The OP No.3 refunded Rs.20,000/- to the complainant by online transaction dated 10.02.2022 Ex.C-13, OP No.4 refunded Rs.20,000/- by online transaction dated 15.03.2022 Ex.C-14 and again OP No.3 returned Rs.10,000/- by online transaction dated 26.03.2022 Ex.C-16. As such, OPs refunded Rs.50,000/- out of Rs.2,00,000/- and balance amount of Rs.1,50,000/- is still pending from OPs.

8.                On the other hand, the OPs have not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-19.

9.                In view of the above detailed discussion, it is clear that OPs have returned Rs.50,000/-, but have failed to return the balance amount of Rs.1,50,000/- to the complainant. This is clear cut case of deficiency in service and thus, the complaint of the complainant is partly allowed. The OPs are directed to refund balance amount of Rs.1,50,000/- alongwith interest @ 6% per annum from 24.09.2021 till payment. Further, OPs are directed to pay a compensation including litigation expenses of Rs.10,000/- for causing mental tension and harassment to the complainant. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.

10.              Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna               Dr. Harveen Bhardwaj

29.03.2023         Member                          Member           President