bDISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Monday the 27^th day of November 2023

CC.216/2014

Complainant

                   Yogesh Balakrishnan,

                   S/o Balakrishnan,

                   Kumarapally (HO),

                   Punchayath Colony,

                   Devar Sholae. P. O,

                   Gudalur Via, Nilgiri,

      Tamil Nadu - 673207

Opposite Parties

1.                Sumesh Kumar. M,

Talent Resource Management,

Rolex Building,

5/3248 C, 1^st Floor,

Near KSRTC, IKS Road,

                         Kozhikode.

2.                The Managing Partner,

Talent Resource Management,

MR Towers, TC.14/1819(2),

Near St. Joseph’s Cathedral,

                         Palayam,

            Thiruvananthapuram - 695033

                       (By Adv. Sri. M.B. Binoy)

ORDER

By Smt. PRIYA. S - MEMBER

            This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.

2. The case of the complainant, in brief, is as follows:

The opposite parties issued an advertisement in vernacular News Paper, Malayala Manorama requiring qualified persons for several jobs abroad. The complainant approached opposite parties in pursuance of the above advertisement for the job of a safety officer abroad and he was interviewed by the opposite parties for the job. At the time of interview opposite parties informed the complainant that their institution is a Central Government approved undertaking which is also approved by Overseas Indian Affairs bearing registration No. B 0536/KER/PER/1000+5/8635/2010. The opposite parties informed the complainant that they are engaged in resource management and arranging various jobs in India and abroad. The complainant was thereby given an employment offer by “G4S” company, Qatar and on 05/09/2013 he executed the job contract for 2 years for the post of Safety Officer with an emolument of 2,800/- Qatar Riyal per month in the above said company. The opposite parties assured the complainant that he would definitely get the above promised remuneration and the opposite parties made the complainant believe that he would obtain the job immediately.

3. After the interview opposite parties asked Rs. 1,00,000/- for visa and service charge and he was made to believe that he would get the job as agreed upon. The complainant’s wife deposited Rs. 30,000/- in the account of the first opposite party on 09/10/2013 and the complainant paid Rs. 70,000/- to opposite parties directly.
4. The complainant left for Qatar on 03/11/2013 and joined the job in “G4S” company. The complainant had raised the amount by pledging gold in SBT, Nilambur branch on 28/10/2013 and 09/10/2013.
5. The company appointed the complainant in the post of security guard instead of security officer as promised in visa. When he refused to continue the job was posted to the job of fire warden subsequently. The opposite parties assured the complainant that he would be appointed to the post of security officer when the vacancy arises.
6. In the first month of posting he was given 2,800/- Qatar Riyal as salary in the second month 2,300/- Qatar Riyal and in January 2014 his remuneration was reduced to 500 Qatar Riyal. He was not posted to the job as promised in the agreement.
7. The complainant informed all these matters to opposite parties and opposite parties consoled him. But the opposite parties never gave the complainant the promised job. Since the complainant failed to get the promised salary the complainant could not continue in the job. The opposite parties and the company even failed to pay the last month salary to the complainant. The act of the opposite parties amounts to deficiency of service and unfair trade practice. So the complainant prays to direct the opposite parties to refund Rs. 1,00,000/- paid in advance charge and to pay Rs. 50,000/- for loss, damage and mental agony; Rs. 10,000/- as compensation.
8. The first opposite party was set ex-parte. The second opposite party filed version.
9. According to the first opposite party he is not the Manager of the Talent Resource Management, Calicut Branch and the company is not maintaining a branch at Calicut. He is a free lancer. The second opposite party is the Managing Partner of M/s Talent Resource Management of Thiruvananthapuram. The second opposite party issued advertisement in various newspapers as and when the opposite party have reliable information about the job vacancies from they have business contact abroad. The complainant was an applicant in answer to the said advertisement. The complainant was selected as a safety officer at the rate of salary 2,800/- Qatar Riyal per month. Consequently the complainant received the same amount as stated in the post of safety officer. The allegation of the complainant that he had paid Rs. 70,000/- in cash to the account of the first opposite party is baseless. But the fact the complainant had deposited Rs. 30,000/- in the account of the first opposite party and Rs. 17,000/- has been paid for travelling expenses and Rs. 10,000/- had paid as processing charge and Rs. 3,000/- had been paid under the head of service charge. The complainant itself showed that he had gone to Qatar and worked there. So the complainant is liable for travelling expenses and consequent processing charges. Hence the claim of the complainant that he is entitled to refund the amount paid as service charge is absolutely incorrect, as it is utilized for the above mentioned purposes.
10. The complainant received the salary as per the terms and conditions decided and fixed at the time of interview. The company would provide leave salary on the authorized leave only. The argument of the complainant is that he is entitled the salary of the days on which he was on unauthorized leave is highly imaginary and which is against the principles of natural justice. While he was in Qatar he was very indifferent in his work and he made a request to the company for the leave of 7 days in connection with the death of his mother and the same was allowed for a week. Consequently he came to his native place and failed to return. As the complainant was irregular in his work and not attended for the work regularly his salaries might had been denied for the days on which the complainant was on unauthorized absence. So the second opposite party wants to dismiss the complainant with costs.
11. The points that arise for determination in this complaint are;                                                                                                                             1) Whether there was any deficiency of service or unfair trade practice on the part of the opposite parties, as alleged?

                2) Reliefs and costs.

12. The complainant filed affidavit. Exts. A1, A2 series, A3, A4(a), A4(b) and A5 to A8 were on the side of the complainant. No evidence was adduced by the second opposite party.
13. Point No.1: The case of the complainant is that carried away by the advertisement by the opposite parties the complainant approached them for the job of a Safety Officer abroad. He was given a visa for the post of Safety Officer abroad by the opposite parties. On going abroad he got only the job of a security guard and so he had to return to home land and the act of the opposite parties amounts to deficiency of service and unfair trade practice.
14. In this case, complainant has filed affidavit in terms of the averments in the complaint and in support of the claim. Ext. A1 is the Bank Receipt dated 09/10/2013 issued by the Federal Bank, Nilambur Branch. Ext. A2 series is the Daily Duty Roster of “G4S” Guarding Division Qatar. Ext. A3 is the RLC security one day / temporary pass application dated 07/02/2014. Ext. A4 is the Visa issued by State of Qatar Ministry of interior dated 24/09/2013. Exts. A4(a), A4(b) are the copies of the passport. Ext. A5 is the application form given by the complainant to Talent Resource Management. Ext. A6 is the Employment offer dated 05/09/2013 issued by “G4S” Qatar. Ext. A7 is the Gold Loan Slip dated 28/10/2013 of SBT Nilambur Branch. Ext. A8 is the statement of Account of SBT, Nilambur Branch dated 04/04/2014.
15. The evidence of the complaint stands unchallenged. The first opposite party was set ex-parte. The second opposite party though filed version, chose to remain absent at the time of evidence.  No cross examination was conducted in this case. So there is no room for doubt in the evidence given by the complainant. There is no reason to disbelieve the evidence of the complainant. The case of the complainant stands proved through the affidavit and Exts. A1 to A8 documents.
16. Ext. A7 document and Ext. A8 document prove that the complainant had made a payment of Rs. 30,000/- and Rs. 70,000/- respectively to the opposite parties. Though the complainant had paid Rs. 1,00,000/- in total to the opposite parties, he did not get the offered job, nor did they return the amount.
17. After perusing the oral and documentary evidence in this case, we are of the view that the complaint is only to be allowed. In this case there is clear deficiency of service and unfair trade practice on the part of the opposite parties. The complainant is entitled to get refund of a sum of Rs. 1,00,000/- from the opposite parties. Considering the mental agony, hardship and inconvenience suferred, the complainant is to be compensated adequately. We are of the view that Rs. 10,000/- would be a reasonable compensation. The complainant is also entitled to get Rs. 5,000/- as cost of the proceedings. The opposite parties are jointly and severally liable. Point found accordingly.
18. Point No. 2: In view of the finding on the above point, the complaint is disposed of as follows;

1. CC 216/2014 is allowed in part.
2. The opposite parties are directed to refund Rs. 1,00,000/-(Rupees one lakh only) to the complainant.
3. The opposite parties are directed to pay Rs. 10,000/- (Rupees ten thousand only) as compensation to the complainant.
4. The opposite parties are directed to pay Rs. 5,000/- (Rupees five thousand only) as cost of the proceedings to the complainant.
5. The order shall be complied with within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 1,00,000/- shall carry an interest of 6% per annum from the date of this order till actual payment.

Pronounced in open Commission on this, the 27^st day of November, 2023.

Date of Filing: 22/04/2014

                                           Sd/-                                                          Sd/-                                                 Sd/-

                                   PRESIDENT                                              MEMBER                                       MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 -Bank Receipt dated 09/10/2013 issued by the Federal Bank, Nilambur Branch.

Ext A2 series - Daily Duty Roster of “G4S” Guarding Division Qatar.

Ext A3 - RLC security one day / temporary pass application dated 07/02/2014.

Ext A4 - Visa issued by State of Qatar Ministry of interior dated 24/09/2013.

Ext A4(a) – Copy of the passport.

Ext A4(b) - Copy of the passport.

Ext A5 - Application form given by the complainant to Talent Resource Management.

Ext A6 - Employment offer dated 05/09/2013 issued by “G4S” Qatar.

Ext A7 – Gold Loan Slip dated 28/10/2013 of SBT Nilambur Branch.

Ext A8 - Statement of Account of SBT, Nilambur Branch dated 04/04/2014.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

Nil

Witnesses for the opposite parties 

Nil

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                                             PRESIDENT                                       MEMBER                                       MEMBER

True Copy,      

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                                                         Assistant Registrar.