DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> Civil Station, Palakkad – 678 001, Kerala<br /> <br /> Dated this the 31st day of January, 2006<br /> <br /> Present: Shri.Roy Kurian, President<br /> Prof.O.Unnikrishnan, Member<br /> Mrs.K.P.Suma, Member <br /> <br /> C.C.No.85/2006<br /> A.Chandran,<br /> S/o.Late Aru,<br /> Represented by Power of Attorney,<br /> M.V.Kanthan, 'Chithira',<br /> Mannapa Post,<br /> Palakkad – 678 014. - Complainant <br /> <br /> Vs<br /> <br /> World Link,<br /> 37/474, Temple Road,<br /> Kadavanthara,<br /> Cochin.<br /> (Present address:<br /> Saji Mathew,<br /> Thattaparambil House,<br /> Cherthala) - Opposite party <br /> <br /> O R D E R<br /> <br /> By Prof.O.Unnirkrishnan, Member<br /> <br /> The brief facts of the complaint filed by the complainant are as follows:<br /> <br /> The opposite party is a recruiting agent of job seekers to UAE. The <br /> : 2 :<br /> complainant approached opposite party for a job VISA of Store Keeper to UAE. Opposite party promised to arrange said job VISA and also demanded Rs.45,000/- (Rupees Forty five thousand only) from the complainant. Complainant had made payment of Rs.15,000/- (Rupees Fifteen thousand only) through Federal Bank, Vadakkenchery, Palakkad on 2.7.2005 to the S.B. A/c No.12982 of Mr.Saji Mathew, the Proprietor of the opposite party concern and handed over the passport for taking further steps. It is alleged in the complaint that when the complainant visited opposite party office several times enquiring about the VISA for the last 10 months, promises were made to arrange the VISA very soon. Finally complainant asked opposite party to return the advance amount of Rs.15,000/- and his passport entrusted. It is admitted in the complaint that opposite party had returned the passport but the advance amount had not been released till the date of filing this complaint. He further submits that the irresponsible and ambiguous act of opposite party has amounted to deficiency of service. The complainant could not approach any other recruiting agency for nearly ten months since the passport was under the custody of the opposite party during that period. He had to travel from Mannapra to Ernakulam several times in order to meet opposite party for asking his passport and return of the advance of Rs.15,000/-. The aforesaid acts of opposite party caused mental agony and financial loss of Rs.2,000/- towards travelling expenses. The complainant has no other option except to approach this Forum for the redressal of his grievances. So the complaint was filed before this Forum seeking an order directing opposite party to refund the advance amount of Rs.15,000/- paid on 2.7.2005 along with interest @ 12%, to pay a sum <br /> : 3 :<br /> of Rs.10,000/- towards compensation for mental agony suffered and travelling expenses incurred and the cost of litigation and to grant such other relief as the Forum may deem fit.<br /> <br /> The complaint was admitted and notice was served to opposite party for their appearance along with written version. Opposite party failed to appear before this Forum and filed no written statement. Opposite party was called on roll call and set ex-parte. Complainant filed affidavit and receipt for Rs.15,000/- marked as Ext.A1.<br /> <br /> Matter was heard. We perused all the documents on record. It is obvious from the Ext.A1, that the complainant had advanced an amount of Rs.15,000/- on 2.7.2005 to the opposite party for arranging Job VISA to UAE. We understand that the opposite party has neither arranged Job VISA for the complainant nor refunded the advance amount to the complainant. So we are of the view that the aforesaid act of opposite party amounted to deficiency of service on their part. In the result the complaint is allowed.<br /> <br /> Opposite party is directed to refund a sum of Rs.15,000/-(Rupees Fifteen thousand only) along with interest 10% p.a for a period from 2.7.2005 till the date of realisation of the amount and to pay Rs.2,000/-(Rupees Two thousand only) to the complainant compensation towards mental agony and financial loss suffered by the complainant within a period of one month from the date of communication of this order, failing which the complainant is entitled to get the whole amount plus <br /> : 4 <br /> 10% p.a interest for a period from 2.7.2005 to date of realisation of the said amount. Opposite party shall pay Rs.500/- (Rupees Five hundred only) as costs to the complainant.<br /> <br /> Pronounced in the open court on this the 31st day of January, 2007 <br /> <br /> President (Sd)<br /> <br /> Member (Sd)<br /> <br /> Member (Sd)<br /> <br /> Appendix<br /> <br /> Exhibits marked on the side of complainant <br /> Ext.A1 – Receipt issued by opposite party for Rs.15,000/- dtd.2.7.05<br /> Exhibits marked on the side of opposite party <br /> Nil<br /> Costs (allowed)<br /> Rs.500/- (Rupees Five hundred only) allowed as costs to the complainant <br /> <br /> Forwarded/By Order, <br /> Sd/-<br /> Senior Superintendent <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />