MR LAXMI NARAYAN PADHI, PRESIDENT… The factual matrix of the complaint is that, the complainant being an unemployed having her qualification with B.tech Degree in engineering was in search of job for the purpose of her livelihood. That, during 1st week of March' 2014, the OP.no.1 met with the complainant at her home at Nabarangpur and convinced by giving his identity as a senior programmer of the OP.2 and approached the complainant offering a job of Programmer Analyst in the O/o OP.no.2 and convinced her to deposit Rs.45,000/- as requisite fees to acquire the job. The complainant and her parents with a great hope and good package of the job agreed to pay the amount and paid Rs.30,000/- on dtd.21.3.14 in cash and on dt.24.3.14 paid Rs.15,000/- in cheque in total she paid Rs.45,000/- to the OP.no.1 and obtained a money receipt of authorized signatory of OP.1 to that effect. The very second week of March'14, the OP.1 given an appointment letter of OP.2 along with some annexure of terms and conditions vide reference No. ECS/HR-BHW/BBSR/ECS201311715 undated, where in the complainant was advised to join in the office of OP.2 as Programmer Analyst from 21.3.14 with a salary package of 1,80,000/- per annum and date of joining was 5.5.14. The complainant being a young woman with happiness immediately transmitted the acceptance letter with her due signature to the OP.no.1 on demand.  Since then the OP.1 & 2 kept silent and despite scores of letters and phone calls the OP.s neither did cared to reply or repay the amount of the complainant in any manner. On sources the complainant could know that, the amount of Rs.45,000/- received by the OP.1 by the above complainant has not been deposited in the account of OP.2 as requisite fees, hence the complainant loose the job due to the negligence of OP.no.1. The complainant time and again requested the OP.1 through phone to redress the matter but for no response till yet. It is pertinent to mention here that, the father of complainant being a pretty businessman borrowed Rs.45,000/- from his friend and relatives as hand loans with high interest to appoint his daughter in a good job with great hope and dream but since then they are paying interest to the so called amount.

            Hence the Complainant sustained great humility, physical discomfort financial hardship and mental agony which could not be evaluated in terms of money. So she prays before the Hon’ble Forum to direct the OP.no.1 to refund the amount of Rs.45,000/- with interest since retrospective effect and a compensation of Rs.50,000/- and a sum of Rs.5,000/- towards cost of the litigation for such negligence and deficiency in service on the part of OP.1 and any other relief as the Hon’ble forum deem fit and proper in the interest of justice.

2.         The OP.no.1 has filed counter and averred that, the complainant is not a consumer under the Act, hence contended that, the amount of Rs.45,000/- collected from complainant as security deposit has already been deposited in the account of OP.no.2. So he is not responsible for the discrepancies made by the OP.2. Hence he prayed to dismiss the case in the interest of justice.

 3.        The OP.1 has filed nothing except his counter version in the case. The OP.no.2 neither appear nor filed any counter in the case, hence the OP.2 has treated as exparte in the case. The complainant has filed copy of some relevant documents. The complainant has heard the case at length and the Submissions considered. 

4.         The consumer protection act is a socio economic beneficial law, intended for speedy delivery of justice to the aggrieved consumers and every complaint is supposed to be disposed off within a timeframe in consonance with the objects of the benevolent legislature. But inordinate delay in procurement of evidences and counter by the parties have emerged for reaching delirium to achievement of such objects.

5.         From the record we hold that, the complainant has paid Rs.45,000/- to the OP.no.1 in two phase for the said job and the OP.no.1 has received the same with a money receipt with due signature dt.05.04.2014. After filing of this case the OP.1 though file his counter but failed to prove the case that, he has deposited the amount to the account of OP.no.2. Despite giving several chances, the OP.1 neither appear before this forum to participate on hearing nor filed a scrap of paper or any other evidence which could evident that he has truly deposited the amount in the account of OP.2. Furthermore it is seen that, the complainant has given the amount in a good faith with a hope for a job, but after received the amount by the OP.1, the complainant made several approaches to the OP.1 to appoint her in the office of OP.2 but the OP.1 prolong deliberately on one pretext or the other and kept the complainant in dark. The OP.1 being the existing employee of OP.2 collected the amount from complainant with milk coated words but failed to render any effort or service as assured to the complainant which amounts to deficiency in service. For which the complainant sustained great mental agony and a huge financial losses, hence she craves the leave of this forum seeking justice. In our view the action of OP.1 in the whole transaction is highhanded, arbitrary, constituting unfair trade practice with ulterior motives and he is reasonably response for the losses occurred by the complainant, hence found guilty of negligence and deficiency in service as per the provisions of C.P.Act 1986, and the complainant is entitled for relief. As the OP.1 has not paid the alleged amount to the account of OP.no.2, we found no deficiency in service on the part of OP.2 in the case, hence we are not inclined to award any amount from the OP.no.2.

            As thus the complaint is allowed against the OP.no.1 with costs.

O  R  D  E  R

i.          The opposite party no.1 supra is hereby directed to pay the amount of Rs.45,000/- (Rupees Forty five thousand) along with 9% interest per annum from dt.05.04.2014 i.e. the date of receipt of the amount to till the date of payment, inter alia to pay a sum of Rs.5,000/-(Five thousand) as cost of litigation to the complainant.

ii.         All the above directions shall be complied with in 30 days of this order, failing which, the total sum will carry 12% interest per annum till its realization.

            Pronounced in the open forum on 14th day of Oct' 2015.

   Sd/-                            Sd/-                                Sd/-

MEMBER              MEMBER           PRESIDENT, DCDRF,

                                                                   NABARANGPUR.