D.O.F : 10/10/2023
D.O.O : 30/09/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.306/2023
Dated this, the 30th day of September 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT.BEENA.K.G : MEMBER
Nishanth P, aged 20 years
S/o Narayanan P
R/at Porondhichal House,
Chenthalam
Padimaruth P O
Anandasramam
Hosdurg Taluk
Kasaragad – 671313.
(Adv: Shajid Kammadam) : Complainant
And
M/s Bhuvaneshwari Jobs
Having registered Office at
Anaswara building
Near Old bus stand, Kanhangad
Kasragod district.
Rep by authorized person. : Opposite Party
ORDER
SMT.BEENA.K.G : MEMBER
The complainant is alleging deficiency in service on the part of opposite parties in connection with grabbing of money from him by offering job visa of air craft cleaner at Canada within 6-7 months with a salary of Rs. 1,50,000/- per month, unlawfully retained complainants Rs. 2 lakh and wasted his one year and cheated the complainant.
The brief facts of the case is that the complainant was an unemployed during 2022 and searching opportunities to settle down in America/Europe. In the meanwhile he had heard the advertisements by opposite parties about jobs offer in Canada “advertised primarily” as a way to immigrate. When the complainant contacted opposite party, he was directed to come to Kanhangad office to fill up the application form and sign an agreement. The opposite party offered to arrange job visa of air craft cleaner at Canada within 6-7 months with an attractive salary offered was between Rs. 1,50,000/- to Rs. 2,00,000/-. The complainant accepted the offer. Further the opposite party promised an easy path to become permanent residence in Canada. In return, the opposite party had collected Rs. 50,000/- for visa and other formalities from the complainant. An agreement was executed on 13/04/2022 by incorporating the terms and conditions. Thereafter the opposite party forwarded an offer letter purported to have been issued by the Canadian airport authority. The opposite party further collected Rs. 1,30,000/- under the pretex of completing visa procedure through VFS. They have claimed that complainant is to be registered on the system and there by enroll the biometrics of complainant and then only visa appointment letters will be issued. Further they have advised him to travel to Bangalore for the same. Thereafter the opposite party failed to update the progress for a long time. The opposite party informed the complainant that there was some problem going on in the Aviation sector where the complainant was to be admitted. However, the promises are not materialized, it has been postponed under some pretex and culminated in refunding the amount paid by the complainant after a year by way of cheque. But it was dishonored on presentation. After repeated requests, it was refunded and the original agreement was taken back. The opposite party illegally retained the hard earned money of the complainant for more than one year. The opposite party is liable to compensate the loss of a year and the mental agony undergone by the complainant. The opposite party is an unlicensed immigration representative who offer services to job seekers in exchange for a fee and thereafter no communication with the job seeker once money has been grabbed from them. The act of opposite parties caused mental agony, physical strain and emotional insult to the complainant. The cause of action for the complaint arose on 13/04/2022 at Kanhangad within the jurisdiction of this commission. The complainant is praying for a compensation of Rs. 4,00,000/- with cost of litigation of Rs. 50,000/-.
Notice of opposite party served, but he did not turned up. Name called absent, set exparte.
Heard the complainant. The complainant filed Ext. A1 to A5 documents. Ext. A1 is the agreement executed between complainant and opposite party on 13/04/2022. Ext. A2 is the offer of employment letter dated 15th December 2022 and Ext. A3 to A5 are the copy of the G pay receipt. The main issues raised for consideration are;
- Whether there is any deficiency in service/unfair trade practice on the part of opposite party?
- Whether the complainant is entitled for relief?
- If so, what is the relief?
For convenience all issues can be discussed together. The complainant, an unemployed youth who was searching for an opportunity to settle down in America/Europe heard the advertisement of opposite party about the jobs of aircraft cleaner in Canada, such an advertisement was primarily noticed and published in social media. When the complainant contacted opposite party, he was directed to come to Kanhangad office of opposite party to fill up the application form and sign an agreement. Thus, the complainant visited the office of opposite party and met the opposite party. The opposite party confirmed the job visa of aircraft cleaner at Canada within 6-7 months with an offered salary of Rs. 1,50,000/- to Rs. 2,00,000/- The complainant accepted the offer of promise securing salary visa and a chance to settle life at Canada. The opposite party promised an easy way to permanent residence in turn they had collected Rs. 50,000/- for visa and other formalities from the complainant. Thus, the agreement was executed on 13/04/2022 including terms and conditions and the opposite party forwarded an offer letter purported to have been issued by Canadian airport authority. The complainant has produced Ext. A2. The opposite party further collected Rs. 1,50,000/- under the pretex of completing visa procedure through VFS. The opposite party claimed that name of the complainant is to be registered on the system and there by enroll the biometrics of the complainant. Then only visa appointment letter will be issued. Thus, the complainant was advised to travel to Bangalore. Thereafter the opposite party failed to update the progress for a long time. When the complainant approached him to know the status, the opposite party informed that there was some problem going on in the aviation sector where the complainant was to be admitted. The opposite parties postponed the promises by one or other reason. After a year they refunded the amount by way of cheque. It was dishonored on presentation. The opposite party failed to give the offered job in Canada and illegally retained the complainant’s money for more than one year. Due to the deficiency in service on the part of opposite party the complainant had undergone huge loss including loss of a year, mental agony and hardships. We carefully gone through the complaint and the documents produced by the complainant. It is stated in the complaint that the opposite parties had refunded the given amount. But the emotional insult and long sufferings of the complainant has to be properly compensated. The relief sought by the complainant is Rs. 4,00,000/- as compensation with Rs. 50,000/- as litigation cost. The compensation sought by the complainant is excessive and without any basis.
Hence, we hold that an amount of Rs. 25,000/- is a reasonable compensation in this case. The litigation cost usually we allow is Rs. 5,000/-.
Therefore, complaint is allowed directing opposite party to pay Rs. 25,000/- (Rupees Twenty Five thousand only) along with litigation cost of Rs. 5,000/- (Rupees Five thousand only) to the complainant within 30 days from the date of receipt of copy of this order.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1 – Agreement executed between complainant and opposite party
A2 – Copy of the offer letter
A3 – Copy of G pay receipt
A4 – Copy of G pay receipt
A5 - Copy of G pay receipt
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
JJ/
