S RAPHIA Vs. KATHOON BI

JUDGEMENT

(1.) Facts as culled out from the materials placed on record may in brevity be related in order to understand the crux of the issue arising for consideration in this action.

(2.) One Kathoon Bi, 1st complainant and one Khaja Moideen, 2nd complainant are respectively mother and son. The 2nd complainant, it appears, was in search of a job of a driver at Saudi Arabia. One S. Raphia, opposite party, promised to secure the 2nd complainant the job of a driver at Saudi Arabia and for securing a job she demanded a sum of Rs.48,000/- to be paid to her as service charges. That apart, a sum of Rs.38,000/- was also paid towards travel and other incidental expenses. Believing the same, the sum as demanded by the opposite party was paid by the complainants to her.

(3.) The 2nd complainant of course was sent to Tehran and there he was given a job of a watchman-cum-gardener on a very low salary of 400 Riyals. He was also not quite acquainted with such a job. Within a month however he was not required by his employer and he was terminated from service. Consequently, he was sent back to India on 8.8.1995. On his return to India, the opposite party was contacted and she, it is said, admitted that she had failed in her promise of securing him a job of a driver and agreed to return the sum of Rs.48,000/- received by her. In spite of repeated demands, the amount was not at all paid by the opposite party to the complainants.