B JAINNUL ABDEAN Vs. TWAIK EAST INTERNATIONAL

JUDGEMENT

(1.) FIRST Appeal No. 380/95 by the two complainants - B. Jainulabdeen and C. Saleem is directed against the order dated 31st May, 1995 of the State Commission, Tamil Nadu at Madras. First Appeal No. 608/96 is by M/s. M.S. Travels, second opposite party and Twaik East. International, first opposite party before the State Commission.

(2.) SINCE we are not inclined to go into the merits, we will notice facts in brief. It was alleged in the complaint that the complainants approached Opposite Party No. 2 for employment abroad, that Opposite Party No. 2 promised to get employment for the complainants at Jeddah in Saudi Arabia as Airport cleaners at a monthly salary of 450 Saudi Riyals, that opposite party collected a sum of Rs. 49,800/- from each of the complainants, that the complainants were, however, sent to Riyadh and were made to work as cleaner of Municipal Roads at a monthly salary of 320 S.R. by the principal of Opposite Party No. 1 and that the complainants objected to their employment in adverse conditions and meagre salary and were sent back. The complainants filed the complaint praying the refund and compensation of Rs. 5 lakhs.

(3.) BEFORE the State Commission documents Exhibit A1 to A11 were admitted by consent and proof of affidavit was filed. The State Commission found that no payment had been made by the complainants to the opposite party No. 1 and no allegations of deficiency in service or negligence can be attributed to the opposite party No. 1. The State Commission noticed that the complainants had not filed any document to show the payment of the aforesaid sums to the apposite party No. 2 but accepted the affidavit of the complainants as against the Opposite Party No. 2. On the basis of the averments made in the affidavits of the complainants, the Opposite Party No. 2 was directed to refund to the complainants Rs. 99,600/- with interest at 18% from the date of the last payment i.e. 7.7.1994 till repayment besides granting costs.