DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.538 of 2017
Date of institution: 21.07.2017 Date of decision : 14.01.2019
Deepak Thakur, resident of House No.116-A, Lakshaya Home (Near Guru Nanak Enclave), New Mata Gujri Enclave, Mundi Kharar, Tehsil Kharar, District SAS Nagar, Mohali.
…….Complainant
Versus
Wisdom Jobs IT Services Pvt. Ltd. Madhapur Ayyapa Society, Plot No.305 (2nd Floor), Beside CQR International School, Hyderabad Pin Code 500081.
……..Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Mrs. Natasha Chopra, Member.
Present: Shri S.C. Patial, counsel for complainant.
OP Ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainant contacted OP through online because of his interest in doing job. OP through e-mail dated 09.06.2016 claimed that on showing of interest by complainant in the job, search process will be initiated by OP provided complainant pays Rs.3,220/- as service charges. For search of that job, following services were to be rendered by OP to complainant:
- Allotting separate person for job search.
- Separate person will only search for the opening based on preferences of complainant.
- If the openings are matching to complainant’s profile and preferences then, the separate person will personally forward his CV to the recruiter and highlight his importance in front of him.
- The recruiter will be impressed and he will shortlist and call the complainant for interview process.
- Same process will be done till complainant get right opportunity to prove and once complainant get the offer then complainant need to inform to close service.
After first email of 09.06.2016, complainant again sent e-mail dated 07.08.2016 through which intimation was given as if OP sending the complainant a link for registration process and share of order ID number for confirmation purposes. On 08.08.2016, again OP sent e-mail to complainant for disclosing that complainant has availed services of Gulf forwarding and he has to register himself in their website wisdomjobgulf.com. On 10.08.2016, complainant received email from OP in which it was mentioned that professional written resume of complainant is attached and complainant should check the details thereof. Complainant was called upon through this email that in case he wants any change in sent details, then he should highlight the same and amendments will be made accordingly in the revised draft. Complainant on 12.08.2016 through email sent details as required by OP. However, on 17.08.2016, OP sent communication for claiming that as per telephonic conversation with Sr. HR Manager, complainant had to pay 350 USD as final investment for verification process. This amount was refundable on receipt of offer from the suitable organization. There will be no further charges in this complete process till complainant gets opportunity for consideration. Another email on 17.08.2016 was received by complainant from OP for calling upon complainant to make payment and share the secured order ID, so that OP could start the process without delay. Complainant paid sum of Rs.33,045/- to OP for background check process, out of which Rs.23,500/- was refundable, but Rs.9545/- were charges for the services of OP in India, Gulf and abroad. This amount was paid by complainant to OP on 05.08.2016 and 17.08.2016. Complainant forwarded the email on 19.08.2016 by giving message to employee of OP for claiming that he is sending his documents for background check and past wisdom order etc. On 21.08.2016 complainant again sent email by mentioning that as per conversation between complainant and employee of OP, complainant sought confirmation as to when he will receive refund or the amount will be credited to his account. On 04.11.2016 further email was sent by complainant to OP for disclosing that he has not received any repayment confirmation, but after waiting for the same till end of the week, he will file a complaint. On sending of email dated 16.11.2016 and 01.12.2016, complainant got assurance from OP on 03.01.2017 regarding refund of amount within 45 to 60 days, but nothing has been done till date and that is why complainant after getting legal notice dated 28.02.2017 served on OP, filed this complaint for seeking refund of amount of Rs.33,045/-. Even compensation for deficiency in service and adoption of unfair trade practice by OP as well as for harassment suffered by complainant of Rs.2.00 lakhs and litigation expenses of Rs.22,000/- more claimed.
2. OP is exparte in this case.
3. Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-14 and thereafter his counsel closed evidence.
4. Written arguments not submitted. Oral arguments heard and records gone through.
5. Copy of credit card e-statements Ex.C-7 and Ex.C-8 establishes that complainant paid Rs.23,500/- to OP on 17.08.2016, but Rs.9,545/- on 05.08.2016. So these payments mentioned in the complaint and submitted affidavit Ex.CW-1/1 of complainant are proved.
6. Ex.C-1 is email sent by OP to complainant that in case he is interested in job search process, then he needs to pay Rs.3220/- inclusive of service tax for availing following services:
- Allotting separate person for your job search.
- He will only search for the openings based on your preferences.
- If the openings are matching to your profile then he will personally forward your CV to the recruiter and highlight your importance in front of him.
- Then the recruiter will be impressed and he will shortlist and call you for interview process.
- We will be doing the same process till you get the right opportunity to prove and once you get the offer then you need to inform to close your service.
7. Through this email Ex.C-1 itself it was disclosed to complainant that OP will forward the resume of complainant to 9/10 companies every week. Based on conversation between complainant and OP, Mr. Sekhar Reddy of OP company sent email Ex.C-2 dated 06.08.2016 for disclosing complainant that he had sent a link for registration process, so complainant should share the order number for confirmation, which complainant did and that is why email Ex.C-3 dated 08.08.2016 was sent by OP to complainant for disclosing that he has availed services of Gulf forwarding and as such he has to be registered in the gulf website. Additional has to be provided by the complainant, being expert in his own field and revision of the resume to take place at the instance of complainant, are also contents of email Ex.C-4. In response to same, complainant sent email Ex.C-5 to OP for disclosing as if preference for location of work is anywhere in India, but first preference for such work in North India. Total experience disclosed by complainant was of 9 + years in Ex.C-5 and even he gave preference for work in Canada, Dubai, Australia and Singapore. Ex.C-6 is email sent by OP through Reddy Shekhar to complainant for disclosing him that final investment of 350 US Dollars for verification process would be a pay back amount on receipt of offer from suitable organization. Through forwarding message dated 17.08.2016 sent by complainant to OP (which is enclosed with Ex.C-6), it was disclosed to complainant that he should secure order ID so that OP can start the process without any delay. Complainant was called upon to make payment through this email message dated 17.08.2016 and that is why complainant made above referred payments mentioned in Ex.C-7 and Ex.C-8. So from this entire correspondence, it is made out that OP allotted a separate person for job search of complainant and that is why Reddy Shekhar continued to have correspondence with complainant for guiding him to send his resume and preferences for the work place for job. Even that allotted person for search job continued to guide complainant to pay amounts and provide additional inputs. So certainly it is a case in which due services rendered by OP in matter of providing job search data to complainant. Deficiency in service on part of OP in that respect, do not exist.
8. Through forwarding message Ex.C-9, complainant called upon the alleged fellow namely Reddy Shekhar for disclosing that complainant is sending his documents for background check. Past Wisdom Order and new ID was disclosed through Ex.C-9, but later on complainant sought refund of amount by seeking confirmation through email Ex.C-10 dated 21.10.2016. Through Ex.C-11 email dated 04.11.2016, it was disclosed to complainant that as per discussion, complainant will get back repayment within 45 to 60 days, but that payment has not been made till date and as such deficiency in service on part of OP to this extent is there because despite assurance, due refund amount has not been made. Subsequently complainant sent emails on 16.11.2016 and 01.12.2016 as disclosed by Ex.C-12 and even complainant had to send legal notice Ex.C-13 through counsel by dispatching the same through post office as disclosed by postal receipt Ex.C-14, but despite that payment has not been made and as such certainly OP adopted unfair trade practice by not remitting the due payable amount despite assurance. However, amount of Rs.9,545/- paid as charges for services provided by OP and as such certainly that amount is not refundable. Refundable amount mentioned in Para No.8 of the complaint is Rs.23,500/-. As OP provided services of allotted person for search job and even it rendered services of guiding complainant of making application and as such certainly complainant not entitled for refund of charges of Rs.9,545/- because due services in that respect provided by OP. As OP despite assurance failed to refund amount of Rs.23,500/- and as such complainant entitled for refund of this amount with interest @ 9 per annum w.e.f. 04.11.2016 till payment because first ever assurance for refund made on 04.11.2016, as discussed above. Complainant suffered mental agony and harassment due to non refund of due amount and was dragged to this litigation and as such he is entitled for compensation and litigation expenses, but of reasonable amount, moreso when OP has not appeared to contest.
9. As a sequel of above discussion, the complaint is allowed with direction to OP to refund received amount of Rs.23,500/- with interest @ 9% per annum w.e.f. 04.11.2016 till payment. Compensation for mental agony and harassment of Rs.5,000/- and litigation expenses of Rs.3,000/- more allowed in favour of complainant and against OP. Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
January 14, 2019.
(G.K. Dhir)
President
(Mrs. Natasha Chopra)
Member
