Today is fixed for hearing.
After hearing the Ld. Advocate of the complainant and perusing the complaint along with the relevant documents inclusive of the so-called agreement dated 19.04.2021 we find that the complainant has banked upon the so-called agreement which saw the light of the day on 19.04.2021.The document dated 29th April bears the signature of the parties to this case. It is in so-called agreement that the complainant advanced a sum of Rs. 1, 25,000/- was paid to the Opposite party for a promise on OP’s part that a job would be provided to her in direct Airlines Company in Kolkata. As stated in the complaint, the job was ultimately not provided to her. This is why she has filed this case seeking refund of the paid amount with compensation, cost and interest.
But in case of employment in any field of work the appointment letter, in the eye of law, lawfully operates as an offer. For a lawful agreement lawful offer and lawful acceptance of the offer are required to exist. But the document dated 19.04.2021 does not contain any such offer.
In the absence of any lawful offer and acceptance we are unable to treat the document dated 19th April as a lawful agreement. It does not have the grains to create any rights or obligation. It was purely created to make unlawful gain by defrauding the unemployment youth. The documents which are complainant has called an agreement for employment is not at all an agreement. Therefore, the complainant’s case basing upon such a document cannot have any leg to stand upon. It deserves a dismissal order.
Hence it is ordered that the case be and the same is dismissed as being not admitted.
Let a plain copy be given to the parties free of cost as per CPR.
Dictated and Corrected by
[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT
