PRESENT

                   Complainant by Advocate Vishal Lokhande present.

                    Opponent absent.

ORDER

        (Per-Mr. S. D. MADAKE, Hon’ble President.

1.The Complainant was searching a good job. He read newspaper advertisement regarding Placement of Jobs, issued by Opposite party that is Seven Seas Airport & Seas ports Management Services at Chembur, Mumbai.

2.The Complainant visited the office of opponent at Chembur. The staff of opposite party of and found fit for the post of store keeper. He was asked to purchase form on payment /- and submit dully fill the form & supported by documents, regarding educational qualification. He was informed that he got golden opportunity in life. Mr. Rahut

• his interview he was selected  and was assured payment of Rs. 50,000/- p.m. as store keeper.

3.He was directed to undergo medical checkup as a mandatory per policy of opponent. He be examined at Uma Hospital having fees of Rs. 7000/- which were paid by him. He was directed to pay Rs. 26,068/-towards CDs Charges and he paid by D.D. said amount on 17.01.2015.

4.The complainant alleged that he was directed to wait for 75 to 100 days for call and was specifically asked do not call opponent. The opponent never made even one call or send any call letter and was asked to wait for further period.

5.The complainant felt being cheated by opponent and decided to withdraw and accordingly applied as per the direction of staff of opponent on 09.10.2015. He received check of Rs. 16,200/- from Opposite party; which was returned with payable through Mumbai clearing.

6.The Complainant sent legal notice on 03.12.2016 to opponent. He prayed for direction to opponent to pay Rs. 30,000/-towards amount paid by him. 20,000/- for travelling expenses, compensation for agony & cost.

7.The Opposite party was dully served with notice, after admitting the Complaint. The Opponent remained absent, and has not applied for time for filling written version nor filled the same. We passed order to proceed Ex-party today on 17.03.2017.

8.The Ld. Adv. For complainant filed pursis stating that complaint filed be treated as affidavit of evidence& written submissions.

9.We have perused the advertisement published in the newspaper in the name of opposite party urgently requiring the filling the posts. The Complainant relied on the advertisement and met to the opponent at the address at Chembur.

10.The documents shows that the posts were urgently required to be filled as per advertisement. The facts indicate that complainant was initially interviewed and was found fit for post of store keeper.

11.It is important to note that he was to pay Rs.200/- & fill the form. He was directed to undertake medical checkup only from Uma Hospital & he was required to pay Rs. 7000/-.

12.It is pertinent to note that after found fit suitable for the post & also physically fit, he was directed to pay Rs. 26,068/- towards CDS charges. He was asked to wait and this stand was taken after accepting Rs. 26, 068/-.There was no specific time mentioned of waiting period.

13.The Opponent failed to secure employment for complainant and caused financial loss, on the pretext of form, medical check-up and CDS charges. He was asked not to call for job, which amounts to unfair trade practice.

14.The opponent illegally deducted Rs. 10,000/- while refunding the amount of Rs. 16,200/-. The said cheque was also returned & till this date complainant has not received amount.

15.We hold that complainant was subjected to wrongful loss and opponent was utilizing amount which was wrongful gain. This is unjust enrichment by Opponent.

16.We hold that Opponent is guilty for deficiency of service and adopting unfair trade practice. The Complainant is entitled for refund of amount paid by him. He is for compensation for mental agony caused due to medical checkup, from the place approved by opponent.

17.We hold that compensation of Rs. 20,000/- would meet the ends of Justice. The complainant shall be entitled for interest at 18% from the date of payment made by complainant to opponent.

18.In the result, we pass the following order.

                              ORDER

1.       Complaint No.11/17 is partly allowed.

2.       The Opposite party is directed to pay Rs. 26,068/- to Complainant

          with interest at 18% from the Date of payment ie 17.01.2015 till

          realization of total amount.

3.       The Opponent is directed to pay Rs. 20,000/- as compensation and

          Rs.5000/- as cost to complaint.

4.Copy of this order sent to the both parties.