DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Civil Station, Palakkad 678001, Kerala

Dated this the 30^th day of April, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.134/2008

Mathew John,

S/o.M.J.John,

Manneduppankuzhi,

Kayaradi Post,

Nenmara Via,

Alampallam, Palakkad – 678 510. - Complainant

(Party in person)

Vs

Hameed,

Manager,

Tauheed Associates,

Saphire Square Building,

1^st Floor,

Opp. Malayala Manorama,

T.B.Road,

Palakkad 678014. - Opposite party

O R D E R

By Smt.Seena.H, President

The case of the complainant in brief is as follows:

Induced by an advertisement published in Malayala Manorama daily, the complainant approached the opposite party on 2/6/08. Opposite party is the Manager of an institution conducting recruitment to foreign countries. Opposite party informed the complainant that the institution from Saudi has delegated the power of recruitment to him. Accordingly complainant was selected for a job with a salary of 2800 Riyal. Thereafter medical check up was conducted at Koya Hospital, Feroke. On 17/6/08 an amount of Rs.15,000/- was paid as an advance amount for obtaining VISA. Opposite party assured the complainant that the VISA will be ready by the last week of June or 1^st week of July. Complainant made arrangements for his journey. He conducted baptism (mamodisa) of his new born child much early. Subsequently opposite party contacted the complainant and informed that the salary fixed was reduced to 1500 Riyal. Complainant was not ready to work for the said amount and hence he asked the opposite party to return the passport and advance amount.

After several negotiation 2500 Riyal was fixed as salary. As assured by the opposite party, VISA was not ready in the month of July 2008. Thereafter several dates were given in the month of August, September, October, November etc. Complainant understood that no processing regarding his VISA has taken place in the opposite party's office. Complainant again demanded back the passport and advance amount. But the same was not returned by opposite party. Complainant approached the Police Station. In accordance with the mediation talk infront of the ASI, opposite party agreed to return the passport immediately. But opposite party did not keep his words. At last on 12/11/08 opposite party returned the passport alone. But the passport was in a damaged condition. Complainant has to spend Rs.5000/- as fees for obtaining a new passport. According to the complainant, the act of the opposite party amounts to clear deficiency of service and unfair trade practice. Hence the complaint. Complainant is claiming Rs.1,25,000/- as compensation.

2. Complainant filed affidavit. Exts.A1 to A7 was marked on the side of complainant.

3. Opposite party was set exparte.

4. Now the points for consideration are;

1. Whether there is any deficiency of service on the part of the opposite party?

2. If so, what is the relief and cost?

5. Point No.1: The facts stated in the complaint is crystal clear from Ext.A1 to A7. Entrustment of passport and payment of advance amount of Rs.15,000/- is evident from Ext.A2 and A3. Medical check up done is evident from Ext.A4 wherein the passport number is also endorsed. The old and new passport produced as Ext.A1 series shows that the new passport was obtained before the period of expiry of the old one. Payment of Rs.5,000/- towards Passport Office, Malappuram is seen by Ext.A7.

6. Evenafter receipt of notice, opposite party has not appeared before the forum. Hence there is no counter evidence to the evidence tendered by the complainant. Further the documents produced by the complainant clearly point out the deficiency of service on the part of the opposite party. Opposite party has failed to abide by the promise made to the complainant. Hence we are of the view that the act of the opposite party amounts to

clear deficiency of service and opposite party is liable to compensate the complainant.

7. Point No.2: We are of the view that this is a fit case to award punitive damages. Hence we fix an amount of Rs.50,000/- (Rupees Fifty thousand only) as compensation for the mental agony and financial loss suffered by the complainant.

8. In the result, complaint allowed. We direct the opposite party to pay an amount of Rs.50,000/- (Rupees Fifty thousand only) to complainant within one month from the date of receipt of the order failing which the whole amount shall carry interest @ 9% per annum from the date of order till realisation. There shall be no order as to cost.

9. Pronounced in the open court on this 30^th day of April, 2009

Sd/-

Seena.H,

President

Sd/- Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K,

Member

Appendix

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite party

Nil

Exhibits marked on the side of complainant

Ext.A1 (Series) 4 Nos – Old and New passports

Ext.A2 – Passport receipt dt.2/6/08

Ext.A3 – Cash receipt dt.17/6/08

Ext.A4 – Cash receipt dt.12/6/08 issued by Koya's Hospital, Feroke

Ext.A5 – Letter dt.28/10/08 from the opposite party

Ext.A6 –Copy of complaint dt.12/11/08 filed before the Town South Police Station, Palakkad

Ext.A7 – Cash receipt dt.19/12/2008 issued from Passport Office, Malappuram

Exhibits marked on the side of opposite party

Nil

Costs (Not allowed)