By: Sri. Mohamed Ismayil C.V., Member

The grievance of the complainant is  as follows:-

1.         The complainant is a B com degree holder and he registered in ‘Indeed job App through online for securing a job. Later on 13/06/2019 the complainant attended the interview at  Ernakulam conducted by the opposite party .  According to the complainant, the opposite party orally agreed to provide internship of 45 days in the company of the opposite party and also offered salary of Rs.15,000/- per month .  The complainant paid Rs.5,000/- on 30/07/2019 and paid Rs.15,230/- on 31/08/2019 as fees to the opposite party .  The opposite party conducted 2 days class in the office at Ernakulam.   The opposite party stated that they will contact the complainant after 45 days and also arrange a job as promised by the opposite party.     The complainant stated that he repeatedly contacted the opposite party at Ernakulam for a job but send back after giving assurance to arrange the same soon.

 Subsequently on 17/03/2022 the complainant approached Palarivattom Police station and lodged a petition against the opposite party.  As per the agreement reached at police station the opposite party agreed to arrange job to the complainant or refund the amount collected as fee   on or before 20/04/2020. Meanwhile lockdown was declared due to covid 19 Pandemic by the government and  as a result the office of the opposite party was closed.  On 20/04/2020 the complainant contacted the opposite party through mobile phone and then assurance was given to fix a job within one month. So far the opposite party did not arrange a job to the complainant or repaid  the money.  Later the complainant came to know  that the office of the opposite party was closed permanently and all employees of the opposite party were joined for other jobs.   So the complainant tried to contact the opposite party through his mobile number 9999689476 then instructed the complainant  to speak in Hindi.   The complainant was informed of sending details   through e mail and  promised of compensation by the person who attended the call.  On 02/01/2021 the complainant sent an email letter. But proper reply was not received except ‘hello’. On 28/01/2021 the complainant received a certificate stating that he completed internship of six months.  But the name and address mentioned in the certificate was not correct.  The opposite party committed deficiency in service towards the complainant. So the complainant claimed Rs.2,00,000/- as compensation  for deficiency in service of the opposite party  and also claimed  Rs.50,000/- for mental agony and hardship suffered due to the act of the opposite party.      The complainant also claimed Rs.25,000/- from the opposite party  as the  expenses incurred to the  frequent trip to  Ernakulam  office of the opposite party and also  claimed interest of Rs.2,000/- from the opposite party. The complainant also prayed for the cost of the proceedings from the opposite party.

2.         The complaint was admitted on file and issued notice to the opposite party the opposite party appeared through a counsel on 28/02/2022. But no version was filed. Even though sufficient time was given the opposite party did not file version. On 06/07/2022 the opposite party filed version beyond the statutory period envisaged under the Consumer Protection Act.  So the Commission need not consider the contention raised in the version.

3.         The complainant filed affidavit and produced documents. The documents produced by the complainant marked as Ext. A1 to A4.  Ext. A1, document is the copy of email transaction between the complainant and the opposite party made on 02/01/2021 and its reply made on 10/02/2021 by the opposite party.  Ext. A2 document is the receipt dated 31/08/2019 issued by the opposite party showing payment of Rs.15,230/- made by the complainant.  Ext. A3 document is the receipt  dated 30/07/2019 issued by the opposite party  showing the payment  of Rs.5,000/- made by the complainant. Ext. A4 document is the copy of petition register of the police station, Palarivattom showing that the opposite party was agreed to repay money or provide a job to the complainant.

4.         The complainant’s side was heard.  Documents perused.  The following points arised for the consideration of the Commission.

1. Whether there is unfair trade practice or deficiency in service on the part of the opposite party.
2. Relief and cost.  

5.         Point No.1 & 2

             The complainant submitted that he paid total amount of Rs.20,230/- to the opposite party to get a job after undergoing internship of 45 days as promised by the opposite party.  In order to prove the payment made to the opposite party, Ext. A2 and Ext. A3 documents were produced by the complainant.  The complainant stated that two days of internship was conducted by the opposite party and   later a certificate containing false information was issued.  The statement in the affidavit and complainant exposed that the complainant was not availed job as promised by the opposite party.   The complainant produced Ext. A1 document to show that he was in constant touch with the opposite party to get a job for his livelihood.   Ext. A1 document also reveals the irresponsible reply of the opposite party. The opposite party did not take any steps to answer the contention made in the complaint.   Ext. A4 document   produced by the complainant also shows that a transaction was taken place between the complainant and the opposite party. After evaluating the evidences availed before the Commission, it can be seen that the opposite party committed negligence in providing job as promised after receiving the amount from the complainant.  The Commission finds that there is deficiency in service on the part of the opposite party. There is contra evidence from the side of opposite party.  So the Commission allow the complaint as follows:-

1. The opposite party is directed to repay Rs.20,230/- to the complainant  as the amount collected  by the opposite party for providing a job to the complainant.
2. The opposite party is directed to pay Rs.25,000/- to the complainant for the mental agony and hardship suffered due to the  negligent act of the opposite party.
3. The opposite party also directed to pay Rs.5,000/- to the complainant as the cost of the  proceedings.

            The opposite party shall comply this order within one month from the date of receipt of copy of this order, otherwise the entire amount shall carries  interest at the rate  of 9% per annum till realization     

            Dated this 31^st  day of October , 2022.

Mohandasan  K., President

PreethiSivaraman C., Member

     Mohamed Ismayil C.V., Member

APPENDIX

Witness examined on the side of the complainant: Nil

Documents marked on the side of the complainant: Ext.A1 to A4

Ext.A1: document  is the copy of email transaction between the  complainant  and the opposite party on 02/01/2021 and its reply made on 10/02/2021 by the opposite party.

Ext.A2: document  is the  receipt dated 31/08/2019 issued by the opposite party  showing payment of  Rs.15230/- made by the complainant.

Ext A3: document is he receipt  dated 30/07/2019 issued by the opposite party  showing the payment  of Rs.5,000/- made by the complainant.

Ext A4: document is the copy of petition register of the  police station , Palarivattom showing  that the opposite party  was agreed to return money or provide a job to the

Witness examined on the side of the opposite party: Nil

Documents marked on the side of the opposite party: Nil

Mohandasan  K., President

PreethiSivaraman C., Member

     Mohamed Ismayil C.V., Member

VPH