Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 01
Instituted on : 04.01.2021
Decided on : 18.08.2023
Surender Singh Lather S/o Sh. Kartar Singh Lather, R/o Village & Post Office Bass, Tehsil Bass, District Hisar, Haryana now residing at H.No.249-A, Vasant Vihar, Near Sheela Byepass, Rohtak.
.......................Complainant.
Vs.
Shine.Com Company, Address BPTP Park Centra, 11th, Opp 32nd milestone, Jal Vayu Vihar, Sector-30, Gurugram, Haryana-122001 Toll Free No.08047105555 through its Manager/Representative.
……….Opposite party.
COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT,2019.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
DR. TRIPTI PANNU, MEMBER.
DR. VIJENDER SINGH, MEMBER
Present: Complainant in person.
Sh. Kunal Juneja, Advocate for opposite party.
ORDER
TRIPTI PANNU, MEMBER:
1. Brief facts of the case as per complainant are that on 08.12.2020, he has received call on his number 9467706830 from phone number 01244312510 of opposite party and told that they are engaged in the profession to help the candidates for getting jobs. They also highlight the bio data of candidates in lieu of which they also take their fixed fees. Complainant asked the opposite party to send email on his mail to share all the information related to the company. Thereafter opposite party send an email on the mail of complainant through which some details were sought from the complainant. They charged Rs.3027/- as fee of the alleged form. On that complainant had deposited the said amount on the given link of opposite party vide transaction ID No. IN20201207_408720_110955. Thereafter on 09.12.2020 complainant again received a call from 01244312510 of opposite party and they demanded Rs.5192/- and also said that you have to pay this fee quickly through online process. On that complainant asked regarding the previous fee paid by him then opposite party gave fake assurance and told that he will get job very soon. Then on 09.12.2020 complainant deposited the said amount i.e. Rs.5192/- on the given account through his ATM vide transaction ID No. IN20201209_409937409937_1607507738. It is further submitted that at the same time the opposite party send an another link and demanded Rs.9556/-. Then complainant suspected that the opposite party cheated him and taking arbitrary fees in the name of providing jobs. The complainant refused to pay the said fee. At the same time complainant send an email and make a call regarding refund of the fee paid by him. On that opposite party told him that they could not refund the amount in any way. As such, the act and conduct of the opposite party is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite party may kindly be directed to refund the amount paid by complainant i.e. Rs.8219/- and Rs.50,000/- on account of harassment and to pay Rs.12,000/- as litigation charges alongwith 18% interest to the complainant.
2. After registration of complaint, notice was issued to the opposite party. Opposite party in its reply submitted that they does not guarantee any interview calls or assure any job offers with any of its services. Complainant had opted for the Application highlighter and education verification plus package and the amount of the same was Rs.3027/- and Rs.5192/- respectively. The complainant was advised to be cautious of calls/emails asking for payment from other web sites that claim to offer similar services under the name of Shine.com. The complainant was well aware that the opposite party does not provide any employment to any user but assist the users in getting the interviews from the companies enrolled with the company’s website. Opposite party assisted with the complainant with respect to the services he had opted for and the opposite party had provided to him diligently and in turn he had also availed the same without any objection. It is also submitted that complainant was made aware of the other packages and it was never compelled to avail the same. The complainant had availed the services in full scale, there is no question of refunding any amount. It is further stated that when the complainant registered his particulars in the web page of the opposite party, it was made clear that the company would not refund the amount being paid by him for availing the desired services. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with costs.
3. Learned counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C7 and has closed his evidence on dated 16.07.2021. On the other hand, learned counsel for opposite party suffered a statement that reply filed by him be read as their affidavit in his evidence and he tendered documents Ex. R-1 to Ex. R-3 and closed his evidence on dated 07.04.2023.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. After going through the file and hearing the parties it is observed that in the present case, receipt of Rs.3027/- and Rs.5192/- by the opposite party is not denied. But the respondent has failed to prove that after receiving the amount, how many interviews were managed by the respondent for complainant. No such list is placed on record. In what manner, the complainant was benefitted by company and in how many companies his biodata was sent. Opposite party also failed produce any document which shows that portal is a registered authorized agency to provide jobs or is an authorized agency on behalf of Government as per guidelines of the Govt. provided for the different kinds of portals. How many companies are registered on the alleged portal. The respondent failed to produce any document that on what capacity they makes these promises to provide job to the general public. They failed to answer the queries regarding the matter in question. As far as the present case is concerned, the complainant made the initial payment for registration and the respondent is continuously making the demands for further payments and continuously increasing the amount but not stating any progress regarding the promises they have made for the job. Certainly it seems that these kind of portals are unnecessarily wasting the time of public and misguiding the youth and seems as they are doing a kind of fraud and so falls under the unfair trade practices. Hence the opposite parties are liable to refund the amount deposited by the complainant i.e. Rs.8219/- with the opposite parties.
6. In view of the facts and circumstances of the case, we hereby allow the complaint and direct the opposite parties to refund the amount of Rs 8219/-(Rupees eight thousand two hundred and nineteen only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 04.01.2021 till its realization and shall also pay Rs.7000/-(Rupees seven thousand only) as compensation on account of unfair trade practice as well as litigation expenses to the complainant within one month from the date of decision.
7. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
18.08.2023.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
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Vijender Singh, Member.
