‘Duped’ by couple over UK job promise, Kerala nursing student wins over Rs 6 lakh

“The emotional and practical hardship inflicted upon the complainant is catastrophic, as the enormous sums of money handed over to the opposite parties were not personal savings, but huge amounts borrowed from others at substantial financial burden and obligation. Instead of processing the promised visas, the opposite parties executed a calculated deception-evading all phone calls, abruptly switching off their contact numbers, and locking down their establishment,” the commission said on July 29. 

The consumer body further said that the “illegal withholding of the complainant’s hard-earned and borrowed money” for the opposite parties’ unlawful enrichment has “shattered her career aspirations, plunged her into severe debt, and inflicted continuous mental harassment, anxiety, and insurmountable hardship, necessitating immediate and comprehensive legal redress”.

False UK job promise

According to the complainant, a diploma holder in Geriatric Nursing, wanted a housekeeping job in the UK after her friend saw an advertisement by S. J. International, a recruitment agency run by a married couple. She visited its office with his friend on March 10, 2023. The agency promised to arrange jobs in the UK and process visas.  

She stated that the agency offered her a job as a senior carer/housekeeping staff and asked her to pay Rs 8 lakh towards visa processing, with Rs 1 lakh as an advance. After receiving an employment contract by email, the complainant transferred Rs 3.5 lakh on March 27, 2023, and another Rs 2.5 lakh on May 22, 2023, for a total of Rs 6 lakh. Her friend had also paid the money to the agency.

The woman said that despite receiving the money, the agency did not provide any visa updates. It later stopped responding to calls, switched off its phones, and closed its office. The complainant filed an FIR with Kollam West Police Station on July 6, 2023, following which a criminal case was registered. The complainant also mentioned that she had to borrow money at a heavy interest rate; she contended that the agency had promised her to secure a job in the UK and process a visa but failed to provide the promised services after collecting Rs 6 lakh.

The woman argued that the agency’s action amounted to deficiency in service and unfair trade practice, as it did not fulfil its contractual obligations and withheld his money.  

The couple who owned the agency did not appear before the commission despite repeated notices and newspaper publication. Proceeding ex parte, it noted that the complainant’s evidence, including the advertisement, employment contract, FIR, and bank transfer records, remained unrebutted and supported his claim that the opposite parties had committed deficiency in service and unfair trade practice.

‘Reward granted’

The commission observed that the failure of the agency to obtain and issue the promised Visa completely frustrated the complainant’s ambition, resulting in the loss of a valuable employment opportunity, which caused the complainant considerable mental agony, anxiety and distress. 

The commission said that it was a clear and deliberate act of withholding funds by the agency run by the couple, which amounted illegally enrichment and demonstrated a breach of their obligations, which indicated a deficiency in service and unfair trade practice. 

The commission ordered the couple to refund Rs 6 lakh to the complainant with 12 per cent per annum interest from May 22, 2023 till the payment, along with Rs 35,000 as compensation and litigation costs. It also directed them to comply with the order within 45 days, failing which 12 per cent per annum would be imposed.

Consumer takeaway

The ruling highlights that unlawful enrichment of a consumer’s money is a deficiency in service and unfair trade practices, and insurmountable hardship, necessitating immediate and comprehensive legal redress. 

For consumer-related grievances, individuals may 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.  

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