DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Friday the 29^th day of December 2023

CC.86/2023

Complainant

Ashif Ali,

S/o. Ali,

Kayyelikkunnummal (HO),

Thamarassery. P. O,

                         Vezhupoor,

Kozhikode - 673573

Opposite Party

The Managing Director,

Ameuro Migration Pvt. Ltd,

507, 5^th Floor, DDA-1,

District Centre. Jank Puri,

Land Mark INOX, Janak Place,

New Delhi - 110058

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

The complainant is a B.com graduate looking for a better job outside India. The opposite party is conducting educational recruiting agency at Delhi. From the social media, the complainant came to know that the opposite party is recruiting eligible candidates to foreign countries for job opportunities, after conducting test. The complainant contacted the opposite party who promiseda suitable job at Hong Kong on QMAS Visa, without IELTS. Believing the words of the opposite party, the complainant applied for QMAS visa at Hong Kong and handed over all necessary certificates to the opposite party. Before completing the process, the opposite party demanded Rs. 40,000/- and the complainant paid the same by bank transfer. After 6 months, the complainant came to know that his visa was rejected. After enquiring it in the official Hong Kong Government website, it was understood that for getting a job in Hong Kong as QMAS visa, IELTS Score 6.0 was required. Supressing the above facts, the opposite party extracted Rs. 40,000/- from him.

3. On 30/08/2022 a lawyer notice was issued to the opposite party, but it evoked no response. The complainant was put to gross mental agony and hardship due to the act of the opposite party. He has lost 2 years because of the negligent action of the opposite party. Hence the complaint for refund of Rs. 40,000/- along with compensation of Rs. 1,00,000/-.
4. The notice issued from this Commission was duly served on the opposite party. But the opposite party did not respond to the notice and hence set ex-parte.
5. The points that arise for determination in this complaint are;

                (1). Whether there was any deficiency of service on the part of the opposite party, as alleged?

                (2). Reliefs and costs.

6. The complainant was examined as PW1 and Exts A1 to A7 were marked.
7. Heard. 
8. Point No 1:  PW1 has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the lawyer notice dated 30/08/2022, Ext A2 is the postal receipt and postal acknowledgment card,   Ext A3 is the copy of the e-mail regarding refund, Ext A4 is the Google result regarding QMAS Visa, Ext A5 is the copy of the invoice receipts, Ext A6 is the copy of the UPI details of transaction and Ext A7 is the receipt issued by the opposite party.
9. The evidence of PW1 stands unchallenged. The opposite party has not turned up to file version. The opposite party has not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim of the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A7. Gross deficiency of service on the part of the opposite party stands proved.
10. The complainant is entitled to get refund of Rs. 40,000/- from the opposite party. Undoubtedly, the complainant was put to gross mental agony and hardship due to the acts of the opposite party, for which, he is entitled to be compensated adequately. Considering the entire facts and circumstances, we are of the view that a sum of  Rs. 50,000/- will be reasonable compensation in this case.
11. Point No.2 :- In the light of the finding on the above point, the complaint is disposed of as follows;

                  a)  CC.86/2023 is allowed in part.

b) The opposite party is hereby directed to refund Rs. 40,000/- (Rupees forty  thousand only)  to the complainant.   

c) The opposite party is hereby directed to pay a sum of Rs. 50,000/- (Rupees fifty thousand only) as compensation to the complainant for the mental agony and hardship suffered.

d) The payment as afore stated shall be made within  30 days of the receipt of copy of this order, failing which, the amount of Rs. 40,000/- shall carry an interest of 6% per annum from the date of this order till actual payment.   

e) No order as to costs.

Pronounced in open Commission on this, the 29^th day of December, 2023.

            Date of Filing: 04/03/2023

                              Sd/-                                                             Sd/-                                                        Sd/-

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APPENDIX

Exhibits for the Complainant :

Ext.A1 – Copy of the lawyer notice dated 30/08/2022.

Ext.A2 – Postal receipt and postal acknowledgment card.

Ext.A3 – Copy of the e-mail regarding refund.

Ext.A4 - Google result regarding QMAS Visa.

Ext.A5 – Copy of the invoice receipts.

Ext.A6 – Copy of the UPI details of transaction.

Ext.A7 - Receipt issued by the opposite party.

Exhibits for the Opposite Party

Nil

Witnesses for the Complainant

PW1 - Ashif Ali, (Complainant)

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