Kerala

Wayanad

CC/121/2019

E.S Sainoj, S/o Scaria, Enjappilliyil House, Aged 42 Years, Mylambadi (PO), Meenangadi-673591 - Complainant(s)

Versus

Lipin Alfonse, Lissa Bhavan, Meyyanad, Mukkam-691303 - Opp.Party(s)

20 Jul 2022

ORDER

CONSUMER DISPUTES REDRESSAL COMMISSION
CIVIL STATION ,KALPETTA
WAYANAD-673122
PHONE 04936-202755
 
Complaint Case No. CC/121/2019
( Date of Filing : 01 Nov 2019 )
 
1. E.S Sainoj, S/o Scaria, Enjappilliyil House, Aged 42 Years, Mylambadi (PO), Meenangadi-673591
Meenangadi
Wayanad
Kerala
...........Complainant(s)
Versus
1. Lipin Alfonse, Lissa Bhavan, Meyyanad, Mukkam-691303
Mukkam
Kollam
Kerala
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Ananthakrishnan. P.S PRESIDENT
 HON'BLE MRS. Beena M MEMBER
 HON'BLE MR. A.S Subhagan MEMBER
 
PRESENT:
 
Dated : 20 Jul 2022
Final Order / Judgement

By Sri.Ananthakrishnan. P. S,  President:-

 

          This is a complaint filed under Section 12 of Consumer Protection Act 1986.

 

          2. The Complainant’s case is brief is as follows:-The Opposite Party agreed to arrange job visa to the Complainant to go to Israel as Care Giver. Thereafter, on 19.4.2018, Complainant has given Rs.3,00,000/- to Opposite Party through bank towards advance for arranging the visa. Then, on his demand, the Complainant has also given the balance amount.  The Opposite Party agreed to arrange visa before October 2018. But he failed to arrange visa as agreed. Then the Opposite Party assured to give back the amount and thereafter on 20.02.2019, he transferred Rs.2,00,000/- to the bank account of the Complainant. But he failed to give back the balance amount. This is a deficiency of service on the part of Opposite Party. The Complainant sent a Reg. notice to Opposite Party demanding the amount. But be never sent any reply. Hence this Complainant to get back Rs.1,00,000/- as the balance amount with 12% interest, Rs.1,50,000/- as compensation and  Rs.20,000/- as the litigation expenses.

 

          3. The Opposite Party is exparty. To prove the complainant’s case, he has given evidence as PW1 and marked as Exts.A1 to A4.  Ext.A1 is the Photocopy of the passport of the Complainant, Ext.A2 and A3 are the bank statements, Ext.A4 series is the copy the Notice, Postal receipts and Acknowledgment card.   The oral evidence of PW1 coupled with Exts.A1 to A4 series would go to show that the Complainant case is genuine. There is no contra evidence also. Hence, this complaint is to be allowed.

 

           In the  result, the  complaint is allowed.  Opposite Party is directed to give Rs.1,00,000/-  (Rupees One Lakh only) with interest at the rate of 12% per annum from the date of the receipt of this order till realisation,  Rs.1,50,000/- (Rupees One Lakh Fifty thousand only) towards compensation and  Rs.20,000/- (Rupees Twenty thousand only)  towards litigation expenses within one month of the receipt of this order.

 

Dictated to the Confidential Assistant, transcribed by him and corrected by

me and pronounced in the Open Commission on this the 20th day of July 2022.

Date of Filing: 21.10.2019.

                                                                   PRESIDENT:  Sd/-

           MEMBER   :  Sd/-                           

            MEMBER   :  Sd/-

APPENDIX.

 

Witness for the complainant:

 

PW1.           E.S. Sainoj.             Complainant.              

                  

Witness for the Opposite Party:

 

Nil.   

 

Exhibits for the complainant:

 

A1.    Copy of  Passport.

A2.    Bank Statement.

A3.    Statement of Account for the period

           from 01.10.2018 to 31.10.2018.               dt:21.08.2019.

 

A4(a)  Copy of Notice.                                         dt:24.08.2019.

A4(b)   Acknowledgement.                           

                  

Exhibits  for the Opposite Party:

 

Nil.   

 
 
[HON'BLE MR. Ananthakrishnan. P.S]
PRESIDENT
 
 
[HON'BLE MRS. Beena M]
MEMBER
 
 
[HON'BLE MR. A.S Subhagan]
MEMBER
 

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