BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complt. Case No : 310  of  2010

Date of Institution:    19.05.2010

Date of Decision  :    11.08.2010

Rajinder Mohan s/o Sh.Barahma Nand, R/o VPO Khurwain, Tehsil Bangan, Distt. Una, H.P.

……Complainant

V E R S U S

M/s Shanti Travel & Manpower Consultants, SCO 80-81-82, Sector 34-A, Chandigarh

.…..Opposite Party

CORAM:          SH.LAKSHMAN SHARMA                         PRESIDENT

                    MRS.MADHU MUTNEJA                        MEMBER

                    SH.ASHOK RAJ BHNADARI            MEMBER

PRESENT:     complainant in person.

OP exparte.

PER MADHU MUTNEJA, MEMBER

                The instant complaint has been filed by Sh.Rajinder Mohan son of Sh.Brahma Nand, under Section 12 of the Consumer Protection Act against the OPs, who are Travel & Manpower Consultants.

1]             A look at the facts of the case shows that the OP had published an advertisement in Punjab Kesari Newspaper for the post of Plumber besides other posts at Afghanistan for a salary of 600 Dollars.  The complainant applied to the OP on 1.10.2009 for the post of Plumber for Afghanistan to obtain a Working Visa.  The OP’s asked him to come for interview on 3.10.2009.  When the complainant visited the OP on that date, they charged him Rs.15,000/- and signed an agreement with him for Afghanistan, and issued a receipt to him for Rs.15,000/-, dated 22.1.2010, copy of which has been placed on record.  On 17.3.2010 they again took a sum of Rs.25,000/- from the complainant and told him that a Flight has been booked for him for Dubai on 19.3.2010.  The complainant was told that he was going to Dubai instead of Afghanistan for labour work on Vistor’s visa for one month.  The complainant however refused to go to Dubai on Visitor’s Visa since he felt that it was a dangerous place and the wages were low. 

                The complainant therefore requested the OP’s to return back his passport as well as all amount paid by him to them.  Unfortunately, the OP have not still returned either the passport or the amount paid by the complainant to them.  The  complainant has thus filed instant complaint seeking redressal of his grievance against the OP.

2]             After admission of the complaint, notice was sent to the OP.

3]             As per report of the Process Server, when he visited the office of OP for service of notice, the Director was not present and the person present in the OP Office refused to accept the notice.  Since, refusal is a good service  and neither the authorized  signatory of OP has appeared in person nor any authorized agent has appeared on its behalf on the next date of hearing i.e. 1.7.2010, the OP was proceeded exparte on the same day.

4]             We have heard the complainant and have also gone through the evidence and documents placed on record.

5]             At the time of arguments, the complainant after reiterating the facts mentioned above, seemed very concerned because the OP was still holding his Passport and despite various requests had not returned the Passport as well as the money received from him.  The OP is definitely deficient in rendering proper service since they have not been able to send the complainant to Afghanistan as per their advertisement and agreement with him.  He has already paid a sum of Rs.40,000/- to them for the purpose.  They have also unlawfully retained his Passport and are now refusing to return it to the complainant.  This definitely amounts to deficiency in service and unfair trade practice on their part.  They have also not joined the proceedings.  It seems they have nothing to say to validate their actions.

6]             As a result of the above circumstances, we are of the firm view that there is a clear case of deficiency in service and unfair trade practice on the part of OP. They must be made liable for the time and money loss suffered by the complainant. 

7]             In view of above findings, we allow this complaint with the following directions to the OP:-

i)         The OP shall refund Rs.40,000/-, which they received from the complainant on the pretext or sending him to Afghanistan on Work Visa.

ii)        The OP shall pay Rs.50,000/- as compensation to the complainant for harassment and mental agony suffered by him due to its deficient service.

iii)       The OP shall returned the Passport of the complainant immediately.

8]             The aforesaid amount of Rs.90,000/- be paid by the OP within 30 days from the date of receipt of certified copy of this order, failing which the OP shall pay the amount to the complainant along with interest @18% per annum from the date of filing of this complaint i.e. 19.5.2010 till its actual payment.  The passport will also be returned immediately.

9]             Certified copies of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

11.08.2010                                                                      SD/-

(LAKSHMAN SHARMA)

PRESIDENT

                                                          Sd/-

                                       (ASHOK RAJ BHANDARI)

MEMBER

                                                          Sd/-

                                                             (MADHU MUTNEJA)

MEMBER

‘Om’