IMPORTANT POINT
Dream merchants must be dealt with heavy hands.

Mrs. Rekha Gupta, Member—Revision Petition No. 1397 of 2014 has been filed against theORDER dated 9.12.2013, passed by State Consumer Disputes Redressal Commission, UT, Chandigarh (short, “State Commission”) in First Appeal No.515 of 2013.

2. The brief facts of the case are that the respondents/complainants entered into an Agreement dated 18.10.2012. As per agreement, the processing fee will be 100% refundable if work provided by petitioners/opposite parties is not to the satisfaction of the respondents.

3. The petitioners had given an assurance of salary of MR-1200 to 1500. The total cost for work permit is Rs.1.5 lacs per member which includes the work permit for two years with food, accommodation, insurance and air fare. That in the meantime, respondents inquired from their sources that the petitioners are authorized by the Ministry of Labour to provide permits.

4. On 13th December, petitioners informed the respondents that their visa was confirmed and their flight was book for 26.12.2012 for that they have to deposit the balance amount with Rajan Verma, MD of the firm. When the respondents approached Rajan Verma, he stated that there were some difficulties in getting the work permit so they would have to go on a tourist visa and same would be converted into a work visa within 15 to 30 days by their employee Ms.Shradhya Dass, who will accompany them to Malaysia. On the assurance given by Rajan Verma, they paid a sum of Rs.90,000./- as part payment through cheque no.40887 dated 13.12.2012 drawn on SBI, Sector 41, Branch, Chandigarh and the same was cleared by the petitioners from their Bank and balance amount was to be paid at the time when the work permit was provided by the petitioners.

5. On 26.12.2012, they took a flight to Kuala Lumpur along with Ms. Shradhya and two other male members. The tickets of Malaysia Airlines were provided by petitioners and same were return ticket according to which the departure was from Delhi and the arrival at Mumbai. The respondents had exchanged the money through Paul Merchants. The respondent no.1 exchanged Rs.28,410/- into MR and the respondent no.2 had exchanged Rs.28,281/-.

6. The respondents when they reached Kuala Lumpur were asked by Ms. Shradhya, who accompanied the respondents to pay Rs.50/- MR as room rent whereas the accommodation was to be provided free of cost by petitioners. On 27.12.2012, she introduced them to one Mr. Rahul Negi, who took their passport for getting the work permits. They were roaming around the city with their luggage. In the evening they had to stay in a room on the 5th floor with two other guys in the same room. It was very embarrassing for both of them as they had been promised for separate accommodation. On next day in the evening, they were put on work in a courier company in night shift. The respondent no.1 was given a job of data entry operator and other two guys along with respondent no.2 were forced to do labour work, whereas, it was promised by the petitioners that they would give jobs as per their qualifications and experience. Moreover, all facilities like free accommodation, food, medical insurance and overtime which was promised by the petitioners was given to them. Besides all this, the respondents were forced to do labour work on a very cheap salary.

7. When they asked for separate accommodation the agent told that they would have to pay 700 MR for that. When they refused to work as labourers the agent asked them to vacate the room immediately in the night. They had to stay in a hotel since that night i.e. 27.12.2012 to 9.1.2013 in Jalan Sultan, 25 k.m. away from Shah Alam and they spent 80 MR on taxi to reach that place. In the morning of 28th Dec. when they asked Rajan Verma and Rahul Negi to give back their passports Ms. Shradhya warned them that they can’t go back to India and that they would have to work there whatsoever be the conditions or job. Otherwise they would have to pay US Dollars 500 each. Then they lodged a complaint with