IMPORTANT POINT
Illegal recruitment agents must be penalized.

This revision petition has been filed by K.B.Mohammed & Anr. against the order dated 12.4.2011 of the Kerala State Consumer Disputes Redressal Commission, (in short ‘the State Commission).

2. The facts of the case are that complainant No.2 had worked in Kingdom of Saudi Arabia (KSA) earlier for 14 years as plumber. This time, Badariya Travels, whose proprietors are the petitioners arranged him a Visa for KSA for the job of a plumber. All formalities were got completed for emigration for complainant No.2 by the petitioners and petitioner No.1 also arranged the ticket to KSA. It has been alleged that after reaching KSA, the complainant No.2 was not accepted as plumber, but he was asked to do the job of tree climber and as shepherd. As promised job was not provided to him, he wanted to return to India urgently and his employer paid one side ticket and complainant No.2 returned back to India. After his rerun, he along with his brother filed a consumer complaint before the District Consumer Disputes Redressal Forum, Thrissur, (in short ‘the District Forum’), which vide its order dated 24.09.2010 decided the complaint as under

“In the result, the complaint is allowed and the respondents are directed to return Rs.1,00,000/- (Rupees one lakh only) with interest at the rate of 12% per annum from the date of payment till realization with costs Rs.1000/- (Rupees one thousand only) to the complainants within one month from the date of receipt of copy of this order.”

3. Aggrieved by the above order of the District Forum, the opposite parties/petitioners preferred an appeal before the State Commission, which modified the order of the District Forum, vide its order dated 12.4.2011, as follows:-

“In the circumstances, we find that the preponderance of evidence is in favour of the case set up by the complainants and hence we find that no interference of the order is called for. The appellants are directed to pay Rs.1 lakh to the complainants. The interest at 12% ordered to be paid is modified to 8% from the date of complaint. The order to pay cost of Rs.1000/- is sustained. Amounts are to be paid within 3 months from the date of receipt of this order, failing which the complainants will be entitled for interest at 12% from 6.4.11 the date of this order. The appeal is disposed of accordingly.”

4. Not satisfied with the order of the State Commission, the present revision has been filed by the petitioners/opposite parties.

5. We heard the learned counsel for both the parties and perused the records carefully.

6. Learned counsel for the petitioner stated that the petitioners are not the recruiting agents under the Emigration Act, 1983 and cannot provide any job Visa to any Indian to go to any Emigration- required country. They are only running a travel agency, which has no power to send anybody outside India under the Emigration Act, 1983. Learned counsel also informed that the complainant No.2 wanted a Visa of a plumber that was available with M/s. Syed Enterprises, Bombay and the petitioners only informed the complainants about this availability and later arranged the ticket and completed other formalities of emigration. He charged only Rs.32,000/- for the air ticket and he also charged fees for emigration clearance for which proper receipt was also given. The State Commission has wrongly treated the petitioners as the Visa provider and compensation of Rs.1,00,000/- has been awarded against the petitioners. Legally, petitioners cannot provide any job Visa for KSA to anybody and therefore, they cannot be held liable for any deficiency in service in providing Visa.

7. Learned counsel also submitted that the foreign employer, Mr. Salah Abdul Kaliq Yousuf has executed a power of attorney in favour of M/s. Syed Enterprises, to recruit two Muslim employees to work as plumber. The foreign employer has issued a certificate that “though he came to my establishment by a visa of plumber by profession, he refused to do the job saying that he was not willin