IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 31st day of March, 2016
Filed on 08.08.2014
Present
1) Smt. Elizabeth George (President)
2) Sri. Antony Xavier (Member)
3) Smt. Jasmine D (Member)
in
C.C.No.203/2014
Between
Complainant: - Opposite party:-
Sangeetha M R, Muhammad Salim,
W/o Ajeesh, Proprietor,
Manezathu Veedu Sign Tours and Travels
Charamangalam, North Paravoor,
Muhamma P O. Ernakulam
(By Adv. K.B. Anilkumar) (P.A. Ayoob Khan)
O R D E R
SMT. JASMINE D. (MEMBER)
The case of the complainant in short is as follows:-
The complaint is a nurse by profession and she was working at Sahrudaya Hospital, Alleppey. The complainant approached the opposite party at his office for getting a job abroad. The opposite party assured to sent her abroad as a staff nurse having monthly salary 250 Kuwait Dinar and the opposite party demanded an amount of Rs. 2,35,000/- for the same. Thereafter the complainant paid an amount of Rs. 15,000/- on 26.07.2012 to the opposite party’s bank account through SBT Muhamma Branch, Alleppey. Further an amount of Rs. 1,00,000/- has been transfered on 10.08.2012 and Rs. 85,000/- on 13.08.2012 through Federal Bank, Puthanangady Branch in Alleeppey District. Thereafter an amount of Rs. 35,000/- has been transfer through SBT Muhamma Branch in Alleppey district. The complainant paid a total amount of Rs. 2,35,000/-. Thereafter on contrary to the assurance given to the complainant, opposite party intimated the complainant that she has to write licensing examination and she was to go Kuwait for the same. Even though the complainant passed the licensing examination the opposite party fail to provide the job visa as offered by them instead they provide only the visiting visa and thereby committed in service. The complainant sustained much mental agony and requested for refund of amount paid. The opposite party issued a cheque for an amount of Rs. 2,35,000/-, but the cheque was dishonored stating “Fund insufficient”. In the meantime, the complainant has lost her job at Sahrudaya Hospital, and thereby caused much financial loss also. Hence file this complaint.
2. Notice was served to the opposite party. Opposite party appeared before the Forum and filed version. The version of the opposite party in short is as follows:-
3. The complaint is not maintainable before this Forum. This Forum has not the territorial jurisdiction to try and decide this case. Opposite party at North Paravoor and the alleged agreement was also at North Paravoor. Further opposite party is not a service provider and there is no consumer relationship with the complainant. The opposite party is not received any amount from the complainant. The amount received from the complainant has been transferred to the account of one Subina Maria. The opposite party has never assured a job in Kuwait having monthly salary of 250 Kuwait Dinar the opposite party has not committed any deficiency in service. Hence the complaint may be dismissed with cost.
4. The complainant was examined as PW1 and documents Ext. A1 to A9 were marked. No evidence from the side of the opposite party.
5. Considering the allegations of the complainant and contentions of the opposite party, the Forum has raised the following issues for consideration:-
1) Whether the complainant is maintainable before the Forum?
2) If so, whether the opposite party is committed deficiency in service?
3) Whether the complainant is entitled to get the reliefs as prayed for?
6. The case of the complainant is that the complainant is a nurse by profession approached the opposite party for getting a job abroad. The opposite party assured to sent her abroad as a staff nurse having monthly salary 250 Kuwait Dinar and the complainant has to pay an amount of Rs.2,35,000/- for the same. The complainant has paid the amount of Rs. 2,35,000/- to the opposite party. But the opposite party failed to provide the job as assured. Thereafter the complainant requested for refund of the amount paid and the opposite party had given cheque for an amount of Rs. 2,35,000/- But is was dishonoured stating “Fund insufficient”. The complainant sustained much mental agony and financial loss, hence filed this complaint.
7. Complainant was examined as PW1 and Exts.A1 to A9 were marked. Ext. A1 is the copy of the employment letter, Ext. A2 is the air Ticket dated 16.01.2013, Ext. A3 is the copy of the Air Ticket on 25.03.2015, Ext. A4 is the cheque issued by the opposite party, Ext A5 is the original agreement executed by the opposite party, Ext A6 is the copy of dishonoured memo dated 22.0514, Ext.A7 is the memo of ICICI Bank North Paravoor Branch, Ext.A8 is the counter foil and Ext.A9 is the copy of I.D Card of the complainant issued by the Sahrudaya Hospital.
8. The opposite party is at North Paravoor and the agreement Ext.A5 was also executed at North Paravoor. But the amount has been transferred to the opposite party through SBT Muhamma and Federal Bank, Puthanangady which is situated in Alappuzha District. So a part of the cause of action has arisen within the territorial jurisdiction of this Forum. Therefore this Forum has territorial jurisdiction to entertain this case.
9. From the documents it can be seen that the complainant approached the opposite party for getting a job abroad and the opposite party received an amount of Rs. 2,35,000/- from the complainant and assured a job as staff nurse having monthly salary 250 Kuwait dinar. 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. Therefore the opposite party is bound to return the amount received from the complainant. The complainant also claim a Rs. 5,00,000/- towards compensation alleging that the complainant has lost her job at Sahrudaya Hospital due to the act of the opposite party. But nothing was produced before the Forum to prove that she has lost her job due to the act of the opposite party. So we cannot direct the opposite party to pay such an amount as compensation. But the complainant is entitled to get back the amount paid to the opposite party together with the cost of the proceedings, so the complainant is to be allowed.
In the result the complaint is allowed. The opposite party is directed to return the amount of Rs. 2,35,000/- (Rupees two lakhs and thirty five thousand only) to the complainant. The opposite party is further directed to pay an amount of Rs.2,000/- (Rupees two thousand only) towards costs of the proceedings. The order shall be complied within a period of one month from the receipt of this order. Failing which the amount of Rs.2,35,000/- shall carry interest at the rate of 7% per annum from the date of order till realization.
Pronounced in open Forum on this the 31st day of March 2016.
Sd/- Smt. Jasmine.D. (Member)
Sd/- Smt. Elizabeth George (President)
Sd/- Sri. Antony Xavier (Member)
Appendix:-
Evidence of the complainant:-
PW1 - Sangeetha M R (Witness)
Ext. A1 - Employment Letter
Ext. A2 - Air Ticket on 16.01.2013
Ext. A3 - Copy of Air Ticket on 25.03.2015
Ext. A4 - Cheque issued by the opposite party
Ext. A5 - Original agreement executed by the opposite party
Ext. A6 - Copy of the dishonoured memo dated 22.05.2014
Ext. A7 - Memo of ICICI Bank, North Paravoor
Ext. A8 - Counter foil
Ext. A9 - Copy of I D Card issued by Sahrudaya Hospital
Evidence of the opposite party: - Nil
// True Copy //
By Order
Senior Superintendent
To
Complainant/Opposite parties/S.F.
Typed by:- pr/- Compared by:-
