Tamil Nadu

South Chennai

CC/29/2017

K.Ganesh, - Complainant(s)

Versus

The Managing Director, Winner Tours & Travels - Opp.Party(s)

Nageshwaran and Narichania

01 Mar 2019

ORDER

                                                                        Date of Filing  : 19.09.2016

                                                                          Date of Order : 01.03.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP., : MEMBER-II

 

C.C. No.29/2017

DATED THIS FRIDAY THE 01^ST DAY OF MARCH 2019

                                 

Mr. K. Ganesh,

S/o. Mr. G. Kumaraswamy,

No.4/21, 9^th Street,

2^nd Cross Street,

Swaminathan Nagar,

Kottivakkam,

Chennai – 600 041.                                                      .. Complainant.                                        

 

                  ..Versus..

 

The Managing Director,

Winners Tours & Travels,

Shop No.22, First Floor,

Munoth Complex,

No.343, Triplicane High Road,

Triplicane,

Chennai – 600 005.                                                 ..  Opposite party.

          

Counsel for the complainant   :  M/s. Nageswaran & Narichania

Opposite party                         :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of Rs.2,39,296/- with interest thereon at the rate of 18% p.a. from the date hereof till payment in full, being a commercial cause and to pay a sum of Rs.5,00,000/- towards compensation for mental agony and financial hardship and loss with cost of Rs.25,000/-.

1.    The averments of the complaint in brief are as follows:-

  The complainant submits that he is an Engineer by profession specialized in Instrumentation and control engineering having vast experience in Reverse Osmosis Plant and worked as a Plant Engineer in many companies.  The complainant submits that on seeing the advertisement of the opposite party in the month of August 2015, the complainant approached the opposite party for his job opportunity in abroad to work as a plant Engineer in R.O. plant and submitted copy of the necessary documents to the opposite party for proper processing.  The opposite party also assured the complainant that suitable employment in foreign country will be arranged and demanded a sum of Rs.1,00,000/- which was paid by the complainant by way of 4 instalments.   The complainant submits that in the visa application of the complainant dated:29.10.2015 also it is mentioned that the complainant will be employed as a Plant Technician and the sponsor name was mentioned as ‘SELAH HUSSAIN AL SALAMAH COMPANY’. The opposite party informed the complainant that the said company is a reputed company will provide with good salary, food and accommodation.  On 18.12.2015, the complainant was informed that the flight ticket were booked from Mumbai to Gizan at Saudi Arabia and called upon to collect his passport, visa, work order etc from M/s. Hana International, Mumbai.   It was assured that the complainant will be paid Riyal 2,000/- at the end of each month and there was no mention about the accommodation and food to be provided to the complainant.  The opposite party also informed the complainant that he should board the flight on 20.12.2015 at 05.05 A.M. at Mumbai.   The complainant also proceeded to Mumbai and boarded the flight on the assurance of the opposite party.   Wherein the complainant was given work such as cleaning, painting, shifting of dead stock and extracted the work as a laymen. There is no proper accommodation the complainant was compelled to stay along with the menial workers 20 persons.  There is no toilet and bathroom facility also.   The complainant suffered both mentally and physically.  Hence, the complainant requested the opposite party and the employer in abroad to get an exit visa and came to India, Chennai on 12.02.2016 spending huge amount.  Hence the complainant issued legal notice dated:10.05.2016  to the opposite party but the opposite party has not come forwards to settle the demands of the complainant.  The act of the opposite party caused great mental agony to the complainant.  Hence, the complaint is filed.

2.     In spite of receipt of notice, the opposite party has not appeared before this Forum and therefore, the opposite party was set Exparte.  

3.     Though the opposite party remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to  Ex.A8  are marked.     

5.      The points for consideration is:-

1. Whether the complainant is entitled to a sum of Rs.2,39,296/- with interest at the rate of 18% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for mental agony with cost of Rs.25,000/- as prayed for?

6.      On point:-

The opposite party remained Exparte.  The complainant filed his written arguments.  Perused the records namely the complaint, proof affidavit and documents of complainant.  Heard the complainant’s Counsel also.  The complainant pleaded and contended that he is an Engineer by profession specialized in Instrumentation and control engineering having vast experience in Reverse Osmosis Plant and worked as a Plant Engineer in many companies.  But no document filed.  Further the contention of the complainant is that on seeing the advertisement of the opposite party in the month of August 2015, the complainant approached the opposite party for his job opportunity in abroad as a plant Engineer in R.O. plant and submitted copy of the necessary documents to the opposite party for proper processing.  The opposite party also assured the complainant that suitable employment in foreign country will be arranged and demanded a sum of Rs.1,00,000/- which was paid by the complainant by way of 4 instalments as per Ex.A1 to Ex.A4.   

7.     Further the contention of the complainant is that in the visa application of the complainant dated:29.10.2015 also it is mentioned that the complainant will be employed as a Plant Technician and the sponsor name was mentioned as ‘SALEH HUSSAIN AL SALAMAH COMPANY’.  The opposite party informed the complainant that the said company is a reputed company will provide with good salary, food and accommodation.   On 18.12.2015, the complainant was informed that the flight ticket were booked from Mumbai to Gizan at Saudi Arabia and called upon to collect his passport, visa, work order etc from M/s. Hana International, Mumbai.    In the work order, Ex.A5, it was mentioned that R.O. Water plant Technician 2,000/- Riyal monthly salary contraction of work. The opposite party also informed the complainant that he should board the flight on 20.12.2015 at 05.05 A.M. at Mumbai.   The complainant also proceeded to Mumbai and boarded the flight on the assurance of the opposite party.   Wherein the complainant was given meanial work such as cleaning, painting, shifting of dead stock and extracted the work as a laymen.   There is no proper accommodation given to the complainant, he was compelled to stay along with the menial workers of 20 persons.  There is no toilet and bathroom facility also.   The complainant suffered both mentally and physically.  Hence, the complainant requested the opposite party and the employer in abroad to get an exit visa and came to India, Chennai on 12.02.2016 spending huge amount.  But the complainant has not produced any document to prove the amount expended towards visa charges, flight tickets etc.   The complainant is claiming is sum of Rs.2,39,296/-  which reads as follows:-

S. No.	Description	Amount Claimed in Rupees
1.	Amount remitted to your office	1,00,000/-
2.	Flight Ticket in Mumbai	3,499/-
3.	Najran to Chennai on 11.02.2016 i.e. 1693 (Saudi Riyal)	31,337/-
4.	Salary with hold from January 2016 to 11.02.2016	45,460/-
5.	Medical Test	9,000/-
6.	Amount spent to go over to Saudi and for other Preliminary Arrangements	50,000/-
	Total	2,39,296/-

 

 But no document except for Rs.1,00,000/- produced by the complainant and also claiming a sum of Rs.45,460/- salary withheld from January 2016 to 11.02.2016.  But the complainant miserably failed to prove his regular attendance and work.  The complainant is also claiming a sum of Rs.5,00,000/- towards compensation for mental agony.  But it is not proved in such a manner.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party shall refund a sum of Rs.1,00,000/- received towards Visa with a compensation of Rs.30,000/- cost of Rs.10,000/-.

  In the result, this complaint is allowed in part.   The opposite party is directed to refund a sum of Rs.1,00,000/- (Rupees One lakh only) being amount received towards Visa and a sum of Rs.30,000/- (Rupees Thirty thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.  

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 01^st day of March 2019. 

 

MEMBER-II                                                              PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

		Copy of cash receipt voucher from the opposite party to complainant
		Copy of cash receipt voucher from the opposite party to complainant
		Copy of cash receipt voucher from the opposite party to complainant
		Copy of bank receipt from opposite party to complainant
		Copy of notice from the complainant to opposite party with enclosures
		Copy of acknowledgement card from the opposite party to complainant
		Copy of legal notice from the complainant’s Advocates to the opposite party
		Copy of acknowledgement card from the opposite party to complainant’s Advocate

 

 

MEMBER-II                                                              PRESIDENT