DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
DATED THIS THE 27TH DAY OF MARCH, 2024.
PRESENT : SRI. VINAY MENON .V, PRESIDENT.
: SMT. VIDYA .A, MEMBER.
: SRI. KRISHNANKUTTY N .K, MEMBER.
Date of filing: 21.09.2023.
CC/241/2023
1. Dr.Girish Chandran V, - Complainant
Age-47, Sudharma, Thomas Nagar,
Kallekkulangara PO-673 639.
(Party-in-Person)
VS
1. Managing Director, Shine.com, -Opposite Parties
UNITECH CYBER PARK, Tower C,
9th Floor, Sector 39,
Gurugram, Haryana-122 001.
2. Mr. Pushpendar, Shine.com,
UNITECH CYBER PARK,
Tower C, 9th Floor, Sector 39,
Gurugram, Haryana-122 001.
(Both OPs are Ex-parte)
ORDER
BY SRI. KRISHNANKUTTY N .K, MEMBER.
1. Pleadings of the complainant in brief
The opposite parties, introducing them as a prominent recruitment agency, collected Rs.91,933/- from the complainant over a period of two days in the pretext of arranging a job abroad. Since the opposite parties were demanding further amounts to complete the recruitment process, he smelt a fraud and wanted to withdraw from the process and asked for refund of the amount already paid. Since the opposite parties were not responding positively, he approached this Commission seeking refund of the fees already paid along with a compensation of Rs.2,00,000/- for deficiency in service, unfair trade practice etc.
2. Notices were issued to the opposite parties. They did not enter appearance. Hence, their names were called in open court and set ex-parte.
3. The complainant filed proof affidavit and marked Exts.A1 to A11 as evidence. Exts.A1 to A6 are the tax invoices issued by the opposite parties for the payments made by the complainant. Ext.A7 is the performa invoice dated 14.09.2023 for Rs.38,938/- issued by the opposite parties but not paid by the complainant. Ext.A8 is the E-mail received by the complainant from the opposite parties and Ext.A9 is the E-mail dated 15.09.2023 sent to the opposite parties by the complainant asking for refund. Ext.A10 is the series of screen shots along with the credit card statement from YES Bank showing the payments made to the opposite parties by the complainant. Ext.A11 is the complaint history showing the complaints against the opposite parties.
4. From the evidence adduced as above, it appears that pleadings made by the complainant is probable and a prima facie case is made out.
5. The opposite parties, though collected the fees from the complainant, neither delivered any service to the complainant nor responded to the request for refund. This amounts to deficiency in service and unfair trade practice.
6. In the result, the following orders are passed.
1) The opposite parties are directed to refund Rs.91,933/- being the fees collected along with interest @10% pa from 14.09.2023 till the date of payment.
2) The opposite parties are also directed to pay Rs.2,00,000/- as compensation for deficiency in service and unfair trade practice.
3) The opposite parties are also liable to pay Rs.25,000/- towards legal expenses.
The above amounts are to be paid within 45 days of receipt of this order, failing which the opposite parties are liable to give Rs.500/-as solatium per month or part thereof, from the date of the order, till the date of payment.
Pronounced in open court on this the 27th day of March, 2024.
Sd/-
VINAY MENON .V, PRESIDENT.
Sd/-
KRISHNANKUTTY N .K, MEMBER.
APPENDIX
Documents marked from the side of the complainant:
Ext.A1: Copy of tax invoice No.IN488255 dated 14.09.2023 for Rs.3,047/-
Ext.A2: Copy of tax invoice No.IN488289 dated 14.09.2023 for Rs.5,192/-
Ext.A3: Copy of tax invoice No.IN488291 dated 14.09.2023 for Rs.9,556/-
Ext.A4: Copy of tax invoice No.IN488303 dated 14.09.2023 for Rs.16,153/-
Ext.A5: Copy of tax invoice No.IN488311 dated 14.09.2023 for Rs.25,488/-.
Ext.A6: Copy of tax invoice No.488326 dated 14.09.2023 for Rs.32,497/-.
Ext.A7: Performa invoice dated 14.09.2023 for Rs.38,938 from Shine.com (amount not paid)
Ext.A8: E-mail from Shine.com dt. 14.09.2023.
Ext.A9: E-mail sent to Shine.com asking for a refund dt. 15.09.2023.
Ext.A10: Screen Shorts of payments made to the opposite party and credit card statement of YES Bank.
Ext.A11: Complaint history of the opposite party with consumer protection authorities.
Document marked from the side of Opposite party: Nil
Witness examined on the side of the complainant: Nil.
Witness examined on the side of the opposite party: Nil
Court witness: Nil
Cost : 25,000/-.
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5)of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they will be weeded out.
