‘Sold’ gold ornaments to secure son’s seaman job, Mother wins Rs 1.80 lakh from employer
The commission found that the hopes of the complainant's son to get a job were crushed after the promised employment was not provided. (AI-generated image)
A Kerala consumer commission has ordered a shipping company to pay Rs 1.80 lakh to a woman and her 19-year-old son after he was promised a job as a seaman in 2023 but allegedly never received the employment. The commission held that the son’s hopes of getting a job were “crushed” after the promised employment was not provided, while also flagging a broader job-fraud pattern involving fake appointment letters, demands for immediate payment and fraudsters disappearing or delaying the joining.
President Krishnan K, along with member Beena K G of the Kasaragod District Consumer Commission, noted that the woman allegedly paid Rs 1.50 lakh and then received an employment contract for her son. Her son travelled to Bhubaneswar for the promised job, but the company representatives allegedly stopped responding to his calls.
“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.
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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.
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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.
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Richa Sahay is a Legal Correspondent for The Indian Express (Digital), where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More
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