Complaints filed on: 04-04-2024
Disposed on: 05-09-2024
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
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DATED THIS THE 5th DAY OF SEPTEMBER 2024
::P R E S E N T::
SMT.G.T.VIJAYALAKSHMI, B.Com, L.L.M, ….....PRESIDENT
SMT.NIVEDITA RAVISH, B.A., L.L.B. (Spl).,.. .LADY MEMBER
CONSUMER COMPLAINT No. 51/2024
Sri. A.C.Varshith,
S/o. Anandamallappa,
Aged about 29 years,
R/at No.8, HIG, KHB,
Vasanthanagar, Sira Gate,
Tumkuru District.
……….Complainant
(Sri. Arun Kumar, Advocate.,)
V/s
Smt. Divya,
W/o. Manjunatha,
Major in ageD.M. Tech TREE,
-
Ward No.35, B.H.Road, Batawadi,
Tumkuru District.
(Opposite Party Absent)
::O R D E R ::
SMT.NIVEDITA RAVISH, LADY MEMBER
This complaint filed by the complainant Under Section 35 of Consumer Protection Act, 2019 against the opposite party (herein after called as OP) to direct the OP to pay sum of Rs.4,30,400-00 with Rs.1,00,000-00 towards mental agony, Rs.1,00,000-00 damages and other incidental relief’s together with interest at the rate of 15% p.a. from the date of complaint to till the date of payment together with cost.
2. It is the case of the complainant that, the complainant has completed his education in BE Mechanical and he was searching for suitable job for his education and at that point of time, the OP was introduced herself that she will provide job opportunity and OP has published the same through whatsapp and running DM Tech TREE. The complainant contacted the OP personally and OP has assured the complainant, that she will provide job and asked the complainant that, he has to do work in the same company. The OP has collected the Original Marks Cards, Pan Card, Adhar Card, Bank Pass Book, ATM Card and ATM pin code as surety pertains to the complainant. The OP has provided the job at Benz Company Private Limited and the issued endorsement in her letter head. The salary of complainant was fixed at Rs.90,693-00 and bonus of Rs.96,255-00 has been paid to the complainant as a newly joined one and OP, without disclosing the real facts, she used to pay sum of Rs.25,000-00 apart from real salary and OP has used withdraw the remaining monthly salary without the knowledge of the complainant. The complainant quit the job after six months and OP has handed over all original documents. When the complainant got the bank statement, the complainant came to know about that the OP has misused the amount of Rs.4,30,400-00 from his salary. Though the complainant got issued legal notice to OP on 04-03-2024, the OP has not replied the same. Hence this complaint.
3. After issuing of notice by this Commission, the OP has refused the notice of this Commission and not appeared before this Commission.
4. The complainant has filed his affidavit evidence with documents.
5. We have heard the arguments of the counsel for the complainant with written arguments and peruse the available document in the file, pleadings, affidavit of the complainant and points would arise for determination as under:
- Whether the complainant proves deficiency in service on the part of OP?
- Is complainant is entitled to the relief sought for?
- Our findings on the aforesaid points are as under:
Point No.1: In the Negative.
Point No.2: As per final order for the below
:R E A S O N S:
Point No.1 &2 :-
7. The counsel for the complainant has argued that, after education of BE Mechanical, the complainant was searching for suitable job for his education and at that point of time, the OP has introduced herself that she will provide job opportunity and OP has published same through whatsapp. But the complainant has failed to produce any whatsapp publication made by the OP regarding that, the OP has introduced herself that she has provide the job opportunities and facilities. Further counsel for the complainant has contended that the complainant contacted the OP personally and OP has assured the complainant that, she will provide job and asked the complainant that, he has to do work in the same company. Further counsel for the complainant has argued that, the OP has collected the Original Marks Cards, Pan Card, Adhar Card, Bank Passbook, ATM card and ATM pin/password as surety pertains to the complainant by issuing endorsement in her letter head and assured the complainant that, she will return all original documents when the complainant quit the job. But the complainant not produced any documents to establishing that there was the condition to submit all above documents to get the particular job. Document No.9/copy of Appointment letter produced by the complainant is only reflecting that the complainant was appointed as Senior Consultant with effect from March 2, 2022 by Mercedes Benz. The same document No.9 is not reflecting the name of the OP.
8. Further counsel for the complainant has argued that, after providing the job by OP at Benz Company Private Limited, the salary of the complainant was fixed at Rs.90,693-00 and bonus of Rs.96,255-00 has been paid to the complainant as a newly joined one. To prove the same the complainant has produced the document No.4/and 12/copy of bank statement of HDFC bank, the same document is reflecting that the name of the complainant, Account No.50100493913696 and other details. Hence it is establishing that the bank statement is pertaining to the complainant. Further same document No.12 is reflecting that Mercedes Benz Research and Development India Private Ltd was deposited an amount of Rs.1,86,948-00 on 30-03-2022 and amount of Rs.19,200-00 was withdrawn on 30-03-2022, for VARSHIT-UITB-SALARY, on 30-03-2022, Rs.1,67,700-00 for DIVYA-UITB-FIRST. Further document No.12 is reflecting that, Mercedes Benz Research and Development India Private Ltd, has deposited an amount of Rs.90,693-00 on 28-04-2022, 30-05-2022, 29-06-2022, 28-07-2022 and Rs.89,559-00 on 29-08-2022. Further document No.12 is reflecting that, an amount of Rs.25,000-00 was withdrawn on 28-04-2022, 31-05-2022, 29-06-2022, 29-07-2022 for salary of the Varshit (complainant) and an amount of Rs.65,700-00, 65,500-00 Rs.65,800-00 was withdrawal on 28-04-2022, 29-06-2022, 29-07-2022 respectively for salary of one Divya-UITB. But the amounts withdrawal for one Divya –UITB are not establishing that the amounts withdrawal by the OP. Because document No.12 has not showing full name of the OP. Further the complainant has failed to produce any document to show that the OP was the salary disbursement officer to the complainant.
9. Further counsel for complainant has argued that the complainant has been worked in the said company for a period of six months and quit the job after six months. The opposite party has handed over all original documents when complainant quit the job and the complainant came to know about misusing of his salary by the OP, when he got the bank statement. Further counsel for the complainant argued that when the complainant questioned about the misuse of the amount, the OP in colluding with the company officials has dismissed the complainant from the job. On hearing on above arguments of the complainant counsel, it is noticed that the complainant has not submitted firmly whether he has himself quit from the job or OP has dismiss the complainant from the job.
10. Further counsel for the complainant has argued that, the OP has totally misused the amount of Rs.4,30,400-00 from the account of the complainant. In the oral arguments, the counsel for the complainant has himself submitted that the complainant has given Original Marks Card, Pan Card, Adhar Card, Bank Pass Book, ATM Card and ATM pin/password to the OP. Being educated person, when the complainant has given the ATM card and pin/password to the OP, it is the only negligent act of the complainant himself. The act of the complainant giving the ATM card with pin/password to the OP is shows that the complainant himself given the permission/consent to the OP for withdrawal of the amount in the account of the complainant. Usually the bank sent the messages to the customers registered mobiles, when there is a transaction taken place. The complainant has not produced any copy of complaint raised with the bank for the misuse of amount by OP. Further complainant has not filed any copy of the complaint lodge before cyber police for misused amount by the account of the complainant. This act of the complainant shows his negligence and it is not the deficiency in service on the part of OP. Hence the complaint filed by the complainant is liable to be dismissed. Accordingly, we proceed to pass the following:-
::O R D E R::
The complaint filed by the complainant is dismissed without cost.
Furnish copy of this order to both parties free of costs immediately.
