Chandigarh

DF-II

CC/97/2016

Vikas Sharma - Complainant(s)

Versus

M/s Bhart Employment Services - Opp.Party(s)

In Person

06 Apr 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	97/2016
Date of Institution	:	08.02.2016
Date of Decision	:	06/04/2016

 

                                                

                                                         

 

Vikas Sharma, H.No.3184, G/F Sector 44-D, Chandigarh -160047

                                      ...  Complainant.

Versus

1. M/s Bharat Employment Services, A-152, Noida Sector 63, District Gautam Budha Nagar, Uttar Pradesh-201309.
2. Mr.Maurish Khandelwal (Director), M/s Right Employment Services Pvt. Ltd., M-908, SPS Height Plot # GH-12, Ahinsa Khand-II, Indirapuram, Gaziabad (UP)-201309.

…. Opposite Parties.

 

BEFORE:   SHRI RAJAN DEWAN, PRESIDENT

SHRI JASWINDER SINGH SIDHU, MEMBER

SMT.PRITI MALHOTRA, MEMBER

 

Argued by: Complainant in person.

                   OPs exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.           In brief, the case of the complainant is that  he is residing at the above mentioned address alongwith his younger brother Mr.Suraj Kumar who is studying and looking for a suitable job for which they have uploaded the bio data on various employment sites.  It has been averred that M/s Bharat Employment Services-OP No.1 is providing job to job seeker through its website www.bharatemployment.com and it has one more company  i.e. M/s Right Employment Services Pvt. Ltd. through which they providing job to the needy job seeker.   His brother got registered himself on the site of OP No.1 on 29.07.2015 and deposited Rs.5,00/- Rs.5,500/- and Rs.1,100/-, totaling Rs.7,100/- at State Bank of India, Sector 17, Chandigarh on 30.07.2015 through cash deposit machine (CDM) vide TXN # 2927, 9484 & 9467 respectively in the account of OP No.2 towards processing fee and charges etc. and all payments were acknowledged by the Company through e-mail dated 30.07.2015. Subsequently, the Company sent one e-mail to his brother requiring him to send the resume and talk about job.  However after sending the resume, no response was received and accordingly, OP No.1 was informed who assured him that did not worry they were in process with some other company for the job.  It has further been alleged that after waiting sufficient time and getting no response, a request for refund of the deposited amount was made but to no effect.    Subsequently, he sent a final reminder to the OPs through e-mail dated 28.12.2015 for refund of the deposited amount but all in vain. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.           Despite due service through registered post, the Opposite Parties failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 15.03.2016.
3.           We have heard the complainant, in person, and have gone through the documents on record.
4.           In his exparte evidence, the complainant has tendered a copy of the ATM Customer Advice/CDM Receipts (Annexure C-2 Colly.) vide which he deposited Rs.7100/- in the account of OP No.2 for availing the services of the OPs for seeking the suitable job for his brother-Mr.Suraj Kumar.  Annexure C-3 (Colly.) are the e-mails dated 30.07.2015 sent by OP No.1 whereby it acknowledged the receipt Rs.7,100/- from the complainant for the services hired by him.  He also placed on record a copy of the final notice dated 28.12.2015 (Annexure C-4) served upon the OPs through an e-mail requesting them to refund the deposited amount.  He has also adduced the copies of the e-mails exchanged with the OPs in this regard. Besides this, he has filed his duly sworn affidavit to corroborate the averments made in the complaint. In our considered view, the OPs were under contractual obligation to arrange the suitable job for Mr.Suraj Kumar, brother of the complainant  within the stipulated period but they failed to render the promised services to him and as such they have no right to retain the money deposited by him and, thus, non-refund of the deposited amount by the OPs to the complainant despite his repeated requests sent through e-mails amounts to deficiency in service as also indulgence into the unfair trade practice on their part.
5.           In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The opposite parties are directed as under ;-

1. To refund Rs.7,100/- to the complainant.
2. To pay Rs.2,500/- to the complainant as compensation towards the mental agony and physical harassment.
3. To pay Rs.3,500/- as litigation expenses.

This order be complied with by the Opposite Parties, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(i) and (ii) shall carry interest @9% per annum from the date of this order till actual payment besides payment of litigation costs.

6.           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

06/04/2016

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER

 

Sd/-

(PRITI MALHOTRA)

MEMBER