By : SMT. SYEDA SHAHNUR ALI, MEMBER

          The story of the complaint case in short is that the complainant passed Diploma Engineering (Civil )from North Calcutta polytechnics in 2015. In order to get a job the complainant made contact with the OP, a consultancy firm who took Rs. 10,000/- on 06.11.15 and Rs 5000/- on 16.11.15 and Rs. 500/- on 19.11.15 from the complainant for arrangement of a jog and gave assurance that he would arrange for the job within January 2016 otherwise he would return the money by Feb., 2016. The complainant made the last payment through SBI Khanchi Branch. But the OP did not arrange the job nor return the money as per assurance.

          Under the circumstances, the complainant has come before this Forum for the reliefs as prayed therein.

           The OP filed written version in its office letter head and contested the complaint petition.  It is the specific contention of this OP that it was agreed with the complainant that at first he should go for training and then get absorbed in job. He did not co-operate with the OP. he was offered a three month’s training in L & T, but he did not accept the offer. He was offered a job under Heavens Construction but he did not join. He was sent SMS for attending interviews under AK Constructions, (P) ltd, Radha Constructions etc. but the complainant did not attend the interview, he was shortlisted in Arya Reality  and also he was offered job under Martin Group and also DLT  at Noida but he did not respond.  He made a GD at the New Alipore PS against this OP which was settled at the PS on production of all the relevant papers by this OP. The complainant made a submission before the Kolkata Consumer Forum and the OP attended the Forum and the matter was closed there mutually.  The OP contends that they took Rs. 20,000/- from the complainant for training, interview mandats expenses for making visits to corporate office and other charges,  but  the complainant did not co-operate with the OP in any manner for absorbing him in a job. The OP has also made a counter claim for a compensation of Rs. 7 lakhs for filing this harassing claim petition against  them which defamed their reputation.

                The points for determination is (1) whether there is deficiency on the part of the OP  and (2) whether  the complainant is entitled to get the relief as prayed for.,

                                                      Decision with Reasons.

                  The OP Emcons Business Academy has appeared through their letter head / written version. We find that it is an authorized Counseling  cum Admission Centre under different Universities. The complainant Adwita Dinda as per agreed terms   with the OP had  to undergo trainings and then he should be absorbed in a job as and when offered to him.  From the Written version in the letter head of the OP it appears that the complainant had been offered training for three months  at L & T and he also thereafter got  jobs  through that consultancy firm  but  he refused  to accept the offer.  Thereafter he was sent several SMS to attend different interviews under AK Constructions, (P) Ltd. Radha Constructions, Construct Engineers (P) Ltd HRBS etc but he did not go for the interview.  He was again shortlisted in the Arya Reality for his job and was to join there but he did not respond. He was again offered job at Martin Group and also under DLT at Noida but the complainant did not co-operate. Besides that he made a complaint before the New Alipore PS against this OP which was later mutually settled.  The complainant also took the matter before the Consumer Forum at Kolkata where this OP attended but the matter had been closed subsequently. This OP in the written version stated that they took Rs. 20,000/- which include cost of training, interview mandates etc and visit to the Corporate Offices, telephone expenses. This OP made  a corss-claim of Rs. 7 lakhs against the claimant for damage  of  their reputation at the instance of the complainant  by filing different applications at different place.

          The OP claims for dismissal of the claim application with costs.

          The points for determination in the case is (1) whether there is deficiency on the part of the Op  and (2)whether the claimant is entitled to get the reliefs as prayed for?

                                                     Decision with Reasons.

The OP of this case is Emcons Business Academy  has appeared to contest this case by filing its written version on the letter head of the Academy, wherefrom we find that  it is an authorized  Cancelling cum Admission center under different Universities. The complainant Adwita Dinda as per agreed terms with the OP had to undergo different training  and then he should be absorbed in any job offered as and hen offered to him.  From the letter cum written version of the OP it appears that the complainant had been offered   three month’s training in L & T, but he did not accept the offer. He was offered a job under Heavens Construction but he did not join. He was sent SMS for attending interviews under AK Constructions, (P) ltd, Radha Constructions etc. but the complainant did not attend the interview, he was shortlisted in Arya Reality  and also he was offered job under Martin Group and also DLT  at Noida but he did not respond.  He made a GD  at the New Alipore PS against this OP which settled at the PS on production of all the relevant papers by this OP. the complainant made a submission before the Kolkata Consumer Forum and the OP attended the Forum and the matter was closed there mutually. But the OP has not filed any document in support of the above averments.

 Be that as it may  the complainant has not adduced any evidence excepting his made on affidavit. Just on the basis of the affidavit we cannot hold that the Consultancy Service  Agency, the OP  was negligent  in discharging their duty as stated  in their written version.  The demanner of the complainant also goes to s how that only to squeeze some money out of this Consultancy Centre , the complainant has filed this false frivolous case. Moreover,  the case 

also  does not fall within the jurisdiction of this ld. Forum as the office of the OP  is situated on plot no. 100 Flat C first floor of 20/1 Sahapur Colony, New Alipur Kalkatta 700053. The complainant has taken a very frivolous plea that he being an unemployed youth  it should be a hardship  on him to file this case at Kalkata so, he has filed this case here before this ld Forum.

Considering the age and immature mind of the complainant this Forum does not impose any fine upon him and dismiss this frivolous complaint without any cost.

Hence, it is

                                                           ordered,

That the Complaint case No. 342/16 be and the same is dismissed on contest against the OPs.

Parties do bear their own costs.

            Let copy of the judgment be supplied to all the parties free of costs.