This instant appeal is directed against the final order dated 06/06/2014 delivered by Ld. D.C.D.R.F, Darjeeling in CC/6/D/2014. The fact of the case in brief is that in response to an advertisement in a daily Nepali Newspaper, the respondents Monaj Rai and Sushil Tamang of Darjeeling contacted with one Saran Lama who represented himself as director of M/s. Tell Us Human Resources Management Service Pvt. Ltd. On the basis of representation of S. Lama, the respondents entered into an agreement with S. Lama to get overseas jobs and received Rs. 1,60,000/- each from them in pursuance such agreement dated 17/08/2012. It was stipulated by executing a promissory note by S. Lama to refund the said money to the respondents if the jobs could not be provided to them. Ultimately, the said S. lama could not provide their jobs also did not return back the money which he received from the respondents. So, the respondents were compelled to register the instant consumer complaint which was admitted on its own merit and notice was served upon the appellant of this case S. Lama who has contested the case before the Ld. Forum by W.V and written note of argument and ultimately Ld. Forum has delivered the impugned order by which the appellant S. Lama was directed to refund back Rs. 1,60,000/- to each respondents along with compensation of Rs. 40,000/- each and litigation cost of Rs. 12,000/- each to the respondents.

Being aggrieved with this order, this appeal was registered before the Hon’ble Commission, Kolkata Bench on the ground that the order of Ld. Forum was not appreciated one and liable to be dismissed. The appeal was admitted on its own merit. And the respondents of this case had recorded their presence before the Hon’ble State Commission, Kolkata Bench and thereafter, the case was reassigned here for disposal with a direction to the parties of the appeal to attend this Commission for disposal of the appeal. The appellant in spite of the said order did not appear before this Commission to conduct the hearing. Respondents recorded their presence. Two consecutive dates were provided to the appellant for conducting the hearing but the appellant could not avail the opportunity of hearing.

DECISION WITH REASONS

            The respondents personally moved their case before this Commission. Having heard the respondents personally and on perusal of the pleading of both sides particularly the written version submitted by the appellant before the Ld. Forum it appears to this Commission the appellant has admitted the fact that he has received Rs. 1,60,000/- from each respondent for his assurance to provide them overseas jobs at Tanzania as a Commission agent and not as a director of Tell Us Human Resources Management Pvt. Ltd. and one M/s. M. Ojha had nominated him to act as a Commission agent of the company to collect the clients and to receive money from the clients on behalf of the company and he has deposited the entire money to the said M. Ojha and he had no personal liability to return back the said money received from the complainant/respondents. He has only earned Rs. 25,000/- as Commission in the instant dealing. The service agreement and other documents clearly indicates that S. Lama has executed all the necessary documents on behalf of M/s. Tell Us Human Resources Management Service Ltd. and he could not be absolved from the liability for not discharging the obligations arising in the service agreement. Ld. Forum has correctly observed that the appellant has promised to refund money to the respondents in case of violation of the agreement to provide the job. The appellant had gross negligence and deficiency of service on his part and for that reason, Ld. Forum has adjudicated the dispute in favour of the complainant/respondents. And in the appeal this Commission finds no merit in the case of the appellant.
 

Hence it is,

ORDERED

            That the appeal be and the same is hereby dismissed on merit without imposing any cost. The order of Ld. Forum of Darjeeling dated 06/06/2019 in reference to CC/6/D/2014 is hereby confirmed.

Let a copy of this order be supplied to the parties free of cost and the same be communicated to the Ld. Concern Forum through e-mail.