DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 1^st day of March 2021

Present: Sri.V.P.Anantha Narayanan, Member(President I/c)  

              : Smt.Vidya.A, Member                                                        Date of Filing: 22/10/2020

CC /128/2020

Sayed Abid,

S/o.Late.S.A.Khadar,                                                               -           Complainant

Thvakkal Manzil,

Vellan Street, Sulthanpetta,

Palakkad, PIN – 678 001.

(By Party in Person only)                                           

V/s

Sathyaja(Champion Academy)

D/o.Radhakrishnan,                                                                -           Opposite party

Papoos Plaza, Vellan Street,

Sulthanpet, Palakkad – 678 001.

O R D E R

By Smt.Vidya.A, Member

Brief facts of the complaint  

            The opposite party is the Proprietress of Champions Academy, Sulthanpett, Palakkad engaged in providing services relating to Foreign Recruitment.   The opposite party assured to arrange a job for the complainant within 45 days in a factory in Halifax, Canada with a salary of Rs.1,00,000/- per month if he is ready to pay five lakh rupees.  The complainant entered into an oral agreement with the opposite party and believing her words he travelled to Delhi on 02/07/2019 for applying for visa and undergone a medical checkup in Delhi Diagnostic Centre.  For getting the medical certificate, he spent an amount of Rs.5,000/-.  After 15 days, the opposite party sent the copy of his visa stamped passport page through whatsApp.  Then as per the demand of the opposite party, the complainant deposited an amount of Rs.50,000/-  as advance on the opposite party’s account on two occasions(Total Rs.1 lakh). After that there was no response from the part of the opposite party regarding the complainant’s job.  The complainant asked the opposite party to refund the amount of Rs.1,00,000/- and to return his passport.  The opposite party returned the complainant’s passport on 25^th November 2019, in a damaged condition and refunded the amount of Rs.70,000/-.  Because of the failure on the part of the opposite party in arranging a job overseas as assured, the complainant had to suffer financial loss, time loss and mental agony.  He lost his job and had to sell his stitching machines for making advance payment to the opposite party.  All these happened because of the deficiency in service on the part of the opposite party.

            Hence this complaint is filed for directing the opposite party to refund the amount of Rs.30,000/- paid by the complainant as advance, directing the opposite party to pay the travel expenses Rs.13,316/- for his Delhi travel and Rs.5,000/- for medical examination in Delhi and a compensation of Rs.85,000/- for mental agony and other inconveniences suffered by him.

            Complaint admitted and notice issued to the opposite party.  Notice to opposite party returned stating ‘unclaimed’.  Hence notice ‘deemed to be served’; name called absent and set ex-parte.

Complainant filed chief affidavit and Ext.A1 to A4 were marked from his side.

Main issues arising for consideration are:

1. Whether there is any deficiency in service on the part of the opposite party?
2. If so, what is the relief as to cost/Compensation?

Issues 1&2

Heard and perused the affidavit and documents produced by the complainant.  From Ext.A2 ‘Confirmation of Transaction Letter’, it is evident that an amount of Rs.1,00,000/- was transferred from the account of the complainant in State Bank of India, Puthur, Palakkad to the opposite party’s account with account number 10620063074  in State Bank of India, Victoria College Branch with the transaction Cheque No.109957 on 22/07/2019, transaction Cheque No.109959 on 08/08/2019 and the same has been credited to her account on the same day.  Ext.A3 and A4 are the Air tickets to and fro to Delhi on 02/07/2019.  According to the complainant, he travelled to Delhi for applying for visa and undergone medical checkup in Delhi Diagnostic Centre in connection with that.  As per the complainant, the opposite party refunded an amount of Rs.70,000/- and his passport.

It is clear that even after receiving the advance amount, the opposite party did not make any arrangements for the complainant’s job abroad. By sending the visa stamped copy of the passport which is marked as Ext.A1 the opposite party made the complainant believe her words and this made him to deposit the amount in her account.

So there is a clear deficiency in service on the part of the opposite party and so the opposite party is bound to refund the balance amount to the complainant.  As per the averments in the complaint, the complainant had sold his two sewing machines in order to arrange the money and he lost his present job.  Even after sincere efforts, he did not get any job abroad.  This would have definitely caused mental agony and financial loss to the complainant and the opposite party is bound to compensate for that.

Since the opposite party remained ex-parte, the evidence adduced by the complainant stands unchallenged. 

In the result, the complaint is allowed. 

We direct the opposite party to refund the amount of Rs.30,000/-(Rupees Thirty thousand only) which is the balance amount to be paid by the opposite party to the complainant.  We further direct the opposite party to pay an amount of Rs.15,000/-(Rupees Fifteen Thousand only) as travel and medical expenses in Delhi and Rs.6,000/-(Rupees Six thousand only) as compensation for the deficiency in service, mental agony, inconvenience and other losses suffered by the complainant.

The order shall be executed within 30 days from the date of receipt of this order; otherwise complainant is also entitled to get interest @ 9% per annum on the total amount due to them from the date of this order till realization.

Pronounced in the open court on this the 1^st day of March 2021.  

                                                                                                                                Sd/-

                 V.P.Anantha Narayanan

                 Member(President I/c)

                                                                                           Sd/-         

                                                                                                  Vidya.A

                             Member

Appendix

Exhibits marked on the side of complainant

Ext.A1 series – photo copy of 1^st page of passport and copy of visa stamped passport page.

Ext.A2 – Confirmation of transaction letter issued by SBI Puthur branch, Palakkad dated 02/12/2019.

Ext.A3 – Copy of Air ticket(Coimbatore to Delhi dated 02/07/2019).

Ext.A4 – Copy of Air ticket(Delhi to Coimbatore dated 02/07/2019).

Exhibits marked on the side of Opposite parties

NIL

Witness examined on the side of complainant

NIL

Witness examined on the side of opposite parties

NIL

Cost :   NIL