Date of Filing : 14-06-2016 Date of Final Order : 27-11-2017
Smt. Runa Ganguly, Member
The present complaint has been filed by the Complainant U/S 12 of C.P. Act 1986. The brief facts of the present case as can be gathered from the case record are that on 25/07/2013 the O.P. No.1, Rakesh Das along with the O.P. No.2 & 3 namely Babul Das and Goutam Barman being the Director and Accounts Officer of HI Consultancy Services, Head Office - Mukund Das Polly, James Long Sarani, Thakurpukur, Kolkata-700063 (Opp. Ramkrishna Lance) approached to the Complainant and told that they would give the Complainant a permanent job as Back Office Executive at RIT Consultancy Services, Head Office - Mukund Das Polly, James Long Sarani, Thakurpukur, Kolkata-700063 (Opp. Ramkrishna Lance) if he would give them a sum of Rs. 4,00,000/- as security money and said Babul Das gave the Complainant two Savings Bank Account Nos. (i) 3322006993 in the name of Goutam Barman of Central Bank of India, Jateswar Branch, District-Jalpaiguri and (ii) Account No.913010031148607 in the name of Rakesh Das of Axis Bank Ltd. Cooch Behar Branch. Accordingly, the Complainant deposited the amount of Rs. 4,00,000/- on various dates to the aforesaid account numbers. After receiving the full amount of Rs.4,00,000/- the O.P. No.1 asked the Complainant to meet him at about 5.00 p.m. and accordingly the Complainant met with the O.P. No.1 & 3 and the O.P. No.1 & 3 requested by giving an Appointment Letter dated 16/06/2014 issued by authorized signatory of RIT Consultancy Services, Kolkata-700063 to avail the training to their office at Thakurpukur, Kolkata-700063.
Thereafter, the Complainant took training for seven days in the office of the O.Ps. On 28/06/2014 the O.P. No.2 gave a Joining Letter and the Complainant went to Malda Head Post Office, Malda to join his service by showing his joining letter along with appointment letter to the Head Post Master, Malda Head Post Office. Seeing the aforesaid documents, the Post Master told the complainant that the documents are forged one and no such post was vacant there. Then the Complainant returned back hopelessly. Thereafter, he made contact with the above O.Ps and they assured that they would return back the deposited money of Rs.4,00,000/-.
On 08/05/2016 the Complainant got a secret information that the O.Ps arrived at Cooch Behar and the Complainant along with one Raja Chakraborty, met with them and pressurized them to return back the money amounting to Rs. 4,00,000/- which was taken from the Complainant. The O.P. No.1 made a mobile call and four miscreants came there and threatened the Complainant along with said Raja Chakraborty. One of them took out dragger to kill the Complainant and said Raja Chakraborty. Finding no any way the Complainant and said Raja Chakraborty left the place.
Thereafter, the Complainant requested Rakesh Das, Babul Das and Goutam Barman to return back the money amounting to Rs. 4,00,000/- and they also threatened the Complainant that if he would inform the matter to the Police Station or any administrative Officer then they will kill the Complainant.
In the year 2014 the Complainant was unemployed and due to non getting of any job, the Complainant paid the sum of Rs 4.00,000/- to the O.P. No.1 & 3 on the assurance of Babul Das with a hope that he would get a job but he has been cheated by the above O.Ps and they have misappropriated the sum of Rs. 4,00,000/- which was deceitfully collected from the Complainant by giving false assurance and providing the forged documents with an intension for forgery for the purpose of cheating.
Due to non making payment amounting to Rs. 4,00,000/- by the O.Ps, the Complainant lodged F.I.R to the Superintendent of Police, Cooch Behar but till date not any action was taken by the Kotwali P.S against the accused person and still now the O.Ps are threatening the Complainant in various ways. Due to such activities of the O.Ps, the Complainant suffering from mental pain & agony and harassment. There was also deficiency in service and unfair trade practice adopted by the O.Ps.
Hence, the Complainant filed the present case praying for issuing a direction upon the O.Ps to pay (i) Rs.4,00,000/- along with interest @ 12% p.a from the date of filing of the case till date of final payment, (ii) Rs.20,000/- for deficiency in service and unfair trade practice, (iii) Rs.50,000/- as compensation for mental pain & agony, and harassment and (iv) Rs.20,000/- towards litigation costs, besides other relief(s) as the Forum deem fit, as per law & equity.
The O.Ps have contested the case through Ld. Agent by filing W/V and contending inter-alia that the case is not maintainable in its present form as well as in law. The O.Ps denied all most all the allegation as labeled against them by the Complainant. The O.Ps pleaded that the Complainant suppresses all the relevant facts and circumstances that the Complainant was/is a student of the Advance of Distance College of Education at Jateswar and the said Education centre closed in the year 2015. The O.P. No.1 was the proprietor of the said centre and the O.P. No.2 is the uncle of the O.P. No.1 who is no way connected with the Education Centre and the O.P. No. 3 is the friend of the O.P. No.1. The O.Ps further pleaded that the Complainant only to gain illegally has filed a false case and the same is liable to be dismissed with cost.
In the light of the contention of both parties, the following moot points necessarily came up for consideration to reach a just decision.
POINTS FOR CONSIDERATION
- Is the Complainant Consumer as per Section 2(1)(d) of the C.P. Act, 1986?
- If the present complaint is maintainable before this Forum?
- Whether the Complainant is entitled to get relief/reliefs, as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully, perused the documents of the Complainant and other materials on record and heard the argument advanced by the agents of the parties at length. Perused also the Evidence on affidavit, W/Ar. of the Complainant and the Opposite Parties.
Point No.1.
In the present case in hand, the main allegation of the Complainant against the O.P.s that for the purpose of getting a job the Complainant has paid huge amount to the O.P. NO. 1&2 but the O.Ps gave him a false appointment letter and in this way cheated him.
Now, it is to be considered whether the Complainant is a Consumer or not as per C.P. Act. The Complainant in this case neither a purchaser of any goods nor he hired any service from the O.Ps. against certain consideration.
Consumer means any person who -
- buys any goods for a consideration which has been paid or promised or partly paid and partly promised under any system of deferred payment and includes any users of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such is made with the approval of such person, but does not include a person who obtains such goods for resale or commercial purpose; OR
- [hires or avails of] any services for a consideration which has been paid or promised or partly paid and partly promised under any system of deferred payment and includes any beneficiary of such services other than the person who[hires or avails of] the services for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person [but does not include a person who obtains such service for commercial purpose;]
As per section 2 (1) (o) of C.P. Act 1986 Service means of any description which is made available to potential [users and includes, but not limited to, the provision of] facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both, [housing construction,] entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service;
The Complainant of the present case did not avail of any of the above services from the O.Ps. He paid money to the O.Ps for obtaining a job as the Complainant stated in its complaint petition as well as in Evidence on affidavit i.e. simply under a contract of personal service. Thus, in the light of the above provisions we are of the view that the Complainant is no way a Consumer.
Point No.2.
As and when the Complainant is not a Consumer as per provision led down in Section 2 (1) (d) of the C.P. Act 1986, the present complaint is not maintainable before this Forum.
Point No.3.
In the above point as we hold that the Complaint is not maintainable before this Forum and we are unable to give him any relief.
Accordingly, the complaint fails.
Hence ,
it is Ordered,
That the complaint case be and the same is hereby dismissed on contest against the O.Ps.
No order as to costs.
Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule. The copy of the Final Order will also be available in the following Website:
confonet.nic.in.
Dictated and corrected by me.
