D.O.F : 10/10/2023
D.O.O : 10/12/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC 303/2023
Dated this, the 10th day of December 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Vijin K, aged 26 years
S/o Velayaudhan K
R/at Kelliyath, Anandasramam,
Ajanur, Hosdurg Taluk
Kasaragod district – 671531.
(Adv: Shajid Kammadam) : Complainant
And
M/s Bhuvaneshwari Jobs
Having registered Office
at Anaswara Building
Near Old Bus Stand, Kanhangad
Kasaragod district.
Rep. by authorized person. : Opposite Party
ORDER
SMT.BEENA.K.G : MEMBER
The complainant is alleging deficiency in service on the part of opposite party in connection with unfair trade practices committed by opposite party by offering job visa of air craft cleaner in Canada within 7 months with a salary of Rs. 1,50,000/- per month, and thus unlawfully retained complainant’s Rs. 2 lakh and wasted his one year and cheated the complainant.
The brief facts of the case is that the complainant was unemployed during 2022 and searching opportunities to settle down in America/Europe. In the meanwhile he had heard the advertisements by opposite parties about jobs offer in Canada “advertised primarily” as a way to immigrate. When the complainant contacted opposite party, he was directed to come to Kanhangad office to fill up the application form and sign an agreement. The opposite party offered to arrange job visa of air craft cleaner at Canada within 6-7 months with an attractive salary offered was between Rs. 1,50,000/- to Rs. 2,00,000/-. The complainant accepted the offer. Further the opposite party promised an easy path to become permanent resident in Canada. In return, the opposite party had collected Rs. 50,000/- for visa and other formalities from the complainant. An agreement was executed on 13/04/2022 by incorporating the terms and conditions. Thereafter the opposite party forwarded an offer letter dated 28/10/2022 purported to have been issued by the Canadian airport authority. They have again collected Rs. 50,000/- on 23/12/2022. They have claimed that complainant’s name is to be registered on the system and there by enroll the biometrics of complainant and then only visa appointment letters will be issued. Further they have advised him to travel to Bangalore for the same. Thereafter the opposite party failed to update the progress for a long time. The opposite party informed the complainant that there was some problem going on in the Aviation sector where the complainant was to be admitted. However, the promises given by the opposite party are not materialized, it has been postponed under some pretex and culminated in refunding the amount paid by the complainant after a year by way of cheque. But it was dishonored on presentation. After repeated requests, it was refunded and the original agreement was taken back. The opposite party illegally retained the hard earned money of the complainant for more than one year. The opposite party is liable to compensate the loss of a year and the mental agony undergone by the complainant. The opposite party is an unlicensed immigration representative who offer services to job seekers in exchange for a fee and thereafter no communication with the job seeker once money has been grabbed from them. The act of opposite parties caused mental agony, physical strain and emotional insult to the complainant. The cause of action for the complaint arose on 13/04/2022 at Kanhangad within the jurisdiction of this commission. The complainant is praying for a compensation of Rs. 4,00,000/- (Rupees Four lakhs only) with cost of litigation of Rs. 50,000/-.
Notice of opposite party served, but he did not turned up. Name called absent, set exparte.
Heard the complainant. The complainant filed Ext. A1 to A3 documents. Ext. A1 is the copy of the agreement executed between complainant and opposite party on 13/04/2022. Ext. A2 is the offer of employment letter dated 28th October 2022. Ext. A3 is the copy of the Google pay receipt.
The main issues raised for consideration are;
- Whether there is any deficiency in service/unfair trade practice on the part of opposite party?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
For convenience all issues can be discussed together. The complainant, an unemployed youth who was searching for an opportunity to settle down in America/Europe heard the advertisement of opposite party about the jobs of aircraft cleaner in Canada, such an advertisement was primarily noticed and published in social media. When the complainant contacted opposite party, he was directed to come to Kanhangad office of opposite party to fill up the application form and sign an agreement. Thus, the complainant visited the office of opposite party and met the opposite party. The opposite party confirmed the job visa of aircraft cleaner at Canada within 6-7 months with an offered salary of Rs. 1,50,000/- to Rs. 2,00,000/- The complainant accepted the offer of promise securing salary visa and a chance to settle life at Canada. The opposite party promised an easy way to permanent residence in turn they had collected Rs. 50,000/- for visa and other formalities from the complainant. The complainant has produced copy of Google pay receipt as Ext. A3. Thus, the agreement was executed on 13/04/2022 including terms and conditions and the opposite party forwarded an offer letter purported to have been issued by Canadian airport authority. The complainant has produced copy of offer letter as Ext. A2. The opposite party further collected Rs. 50,000/-. The opposite party claimed that name of the complainant is to be registered on the system and there by enroll the biometrics of the complainant. Then only visa appointment letter will be issued. Thus, the complainant was advised to travel to Bangalore. Thereafter the opposite party failed to update the progress for a long time. When the complainant approached him to know the status, the opposite party informed that there was some problem going on in the aviation sector where the complainant was to be admitted. The opposite parties postponed the promises by one or other reason. After a year they refunded the amount by way of cheque. It was dishonored on presentation. The opposite party failed to give the offered job in Canada and illegally retained the complainant’s money for more than one year. Due to the deficiency in service on the part of opposite party, the complainant had undergone huge loss including loss of a year, mental agony and hardships. We carefully gone through the complaint and the documents produced by the complainant. The loss and agony undergone by the complainant due to the deficiency of service on the part of opposite party is very huge, and cannot be compensated in terms of money. It is stated in the complaint that the opposite parties had refunded the given amount. But the emotional insult and long sufferings of the complainant has to be properly compensated. The relief sought by the complainant is Rs. 4,00,000/- as compensation with Rs. 50,000/- as litigation cost. In the affidavit, it is stated that opposite party has refunded the amount. The compensation sought by the complainant is too excessive and without any basis.
Hence, we hold that an amount of Rs. 25,000/- is a reasonable compensation in this case along with litigation cost of Rs. 5,000/-.
Therefore, complaint is allowed directing opposite party to pay Rs. 25,000/- (Rupees Twenty Five thousand only) along with litigation cost of Rs. 5,000/- (Rupees Five thousand only) to the complainant within 30 days from the date of receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Copy of the agreement
A2 – Offer of the employment
A3 – Copy of the Google pay receipt
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
