‘Sold’ gold ornaments to secure son’s seaman job, Mother wins Rs 1.80 lakh from employer

“The complainant (son) has approached the opposite party (shipping company) with great expectations for getting employment, but his dream of getting a job is crushed by the cheating of the employers by not providing the proposed job; thereby, the complainant has not only suffered deficiency in service, mental tension, agony and financial loss,” the August 20 order read. 

Reached Bhubaneswar but got no job

The 38-year-old woman claimed that her son applied for the post of seaman after coming across a job advertisement, and the company demanded Rs 1.50 lakh for the job. She added that she sold her gold ornaments and paid Rs 1 lakh into a bank account provided in the name of the shipping concern. She later paid another Rs 50,000 to the company. 

It was added that after making the payment, her son received an employment contract signed by the company’s managing director. Believing the assurance, her son went to Bhubaneswar on December 26, 2023, and stayed in a guest house.

However, the woman said the shipping company stopped responding to her son’s calls, and he ultimately received no response from them.

She moved the commission, alleging that she and her family suffered financial and mental stress due to the fraud. She sought a refund of Rs 1.50 lakh, Rs 14,300 towards travel expenses, Rs 30,000 towards her son’s stay in Bhubaneswar, and compensation for mental agony and litigation costs. The woman and her son were represented by advocate Chaithra M before the commission. 

The company’s counsel, advocate Mubashir Kundoor, claimed that an unknown person had misused the company’s name and created forged documents without genuine signatures or authorisation. It was added that the company did not receive Rs 1.50 lakh and had filed a police complaint with the commissioner of police. The company also said it had published a caution notice stating that there was no transaction or contract with the complainant and that it had not received any payment.

‘Son received company’s official documents’

The commission noted that the document placed on record showed that the shipping company had confirmed the son for an assignment as an ordinary seaman with basic wages of 850 US dollars per hour. It found that the assignment letter was an official document bearing the company’s seal and signature and containing details of wages and allowances.

It held that fake appointment letters or offer emails, WhatsApp or Telegram groups claiming job selections, followed by demands for immediate payment and then disappearing or delaying the joining, are signs of fraudulent inducement. “Such acts attract cheating (fraudulent inducement). This is pressure to pay immediately. No proper office or verifiable address and information,” it added.

Accordingly, the commission directed the company to pay Rs 1.50 lakh, with Rs 25,000 as compensation for deficiency in service and unfair trade practice. It also asked them to pay Rs 5000 as the cost of litigation to the complainant within 30 days. 

Takeaway

This ruling highlights that a company offering jobs cannot take money from job seekers, issue employment documents and then fail to provide the promised job.

For consumer-related grievances, individuals can contact the consumer helpline in their respective states and Union territories (Kerala: 1800-425-1550) or call the National Consumer Helpline at 1915 for assistance.

Don’t miss out on these stories:

Rs 1,500 Anarkali dress bought on Instagram never came: Kerala woman wins Rs 16,000

Ordered diapers for 1.5-year-old daughter, ‘never’ delivered: Father wins Rs 22,500

Policy terms ‘not given upfront’: Kerala man wins Rs 2.8 lakh payout from insurance firm