SMT. MOLYKUTTY MATHEW  : MEMBER

This is a complaint filed by the complainant U/s 35 of Consumer Protection Act 2019 for an order directing the opposite parties to refund the amount of Rs.23,000/- along with compensation and cost of Rs.70,000/- to the complainant for the deficiency of service on their part.

The case of the complainant in brief

          The complainant’s daughter Aswathi who working as a BDS Surgeon in Thalassery.  Then she desire to go at abroad and working as a surgeon in Gulf country.  Then the complainant and her daughter approached OP’s and informed her desire.  The OP1 and 2 represented that  they are the agency for

recruiting the applicants and assure the DHA Exam to recruit the job to the complainant’s daughter at Gulf.  On believing the words of OP1 and 2 the complainant’s daughter register her name and address in the OP’s institution.  Moreover she brought some books through online for her studies also.  Then the OP’s informed the complainant that the Exam date will be published by nearest day then the complainant must deposited Rs.23000/- to OP No.1.  Then the complainant’s daughter remitted Rs.23000/- on 02/08/2021 Refe:No.UPI IN/121417691803/a, Rs.20,000/- Refe:No.UPI IN/121417678141/a (Rs.3000) to OP No.1’s account through online on. 03/08/2021 the OP No.1 acknowledged the receipt KNR 1787 issued to the complainant’s daughter also.  But the complainant’s daughter has not received any date from OP’s side for DHA Exam.  Then the complainant’s daughter enquired the matter to OP’s institution and telephoned them.  But no reply from the side of OPs.  Thereafter on 23/09/2021, 24/09/2021 and 29/09/2021 the complainant’s daughter approached OP’s office at Kannur but there is no staff and the office is closed.  The act of the OPs the complainant’s

 daughter caused much mental agony, pain and stress.  So there is deficiency of service and unfair trade practice on the part of OPs.  Hence the complainant. 

          After filing the complaint notice was issued to OPs.  The OP’s received the notice and not appeared before the commission and not filed the version.  The commission had to hold that the OP’s have no version as such in this case came to be proceed against the OP’s are ex-parte.

          Even though the OP’s have remained ex-parte it is for the complainant to establish the allegations made by him against the OP’s.  Hence the complainant was called up on to produce the evidence in the form of    affidavit and documents.  Accordingly the complainant has chosen to produce his affidavit along with 2 documents marking the Ext.A1 and Ext.A2 and the complainant was examined as Pw1.  So the OPs remain absent in this case.  At the end the commission heard the case on merit.

          Let us have a clear glance at the relevant document of the complainant.  Ext.A1 and Ext.A2 are the payment receipt of the complainant dated 02/08/2021 and receipt acknowledged by the OP No.1 also.  According to the complainant after receiving the amount of DHA recruitment fee of Rs.23000/- the OP’s are not assured the recruitment process.  On believing the words of OPs the complainant’s daughter joined the OP’s institutions for studying the DHA examination.  But after receiving the amount of Rs.23000/- from the complainant’s daughter the office was also closed by the OPs.  The act of the OPs the complainant caused much mental agony and financial loss.  There is deficiency of service and unfair trade practice on the part of OPs the complainant caused much mental agony and financial loss.  There is deficiency of service and unfair trade practice on the part of OP’s.  Under this circumstances we are of the considered view that the OPs are directly bound to redressal the grievance of caused to complainant and her daughter.  Therefore we hold that the OP1 and 2 jointly and severally liable to refund the amount of Rs.23,000/- along with Rs.5000/- as compensation and Rs.3000/-  as litigation cost to the complainant.

          In the result the complaint is allowed in part directing the OPs jointly and severally liable to refund Rs.23,000/- to the complainant along with Rs.5000/- as compensation for mental agony and Rs.3000/- as litigation cost to the complainant within 30 days of receipt of this order.  In default the amount of Rs.23,000/- carries 9% interest per annum from the date of order till realization.  Failing which the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act 2019.

Exhibits for complainant

Ext.A1        - Bill dated 02/08/2021 (Rs.20000/-)

Ext.A2        - Bill dated 02/08/2021 (Rs.3000/-)

      Sd/                                                                          Sd/                                                     Sd/

PRESIDENT                                                                   MEMBER                                                   MEMBER

Ravi Susha                                                               Molykutty Mathew                                     Sajeesh K.P

(mnp)

/Forward by order/

Assistant Registrar