[Resolved]  Bharathi Institute of Marine Services — Fraud

Address:

Hyderabad, Andhra Pradesh

The Managing Director, Bharath Institute of Marine Services, Flat No 108, First Floor, Pavani Anusuya Towers, Tarnaka, Secunderabad, AP 500017
Sir,
LEGAL NOTICE

1. Under instructions from my client Mr. Jithin Jose, CDC No MUM 187326, S/o PC Jose, residing at Pudhusserry House, Mokkannoor, Azhakam PO, Karukutty, Ernakulam, Cochin, Kerala 683577, I am issuing this Legal Notice to you regarding the fraud, cheating & criminal breach of trust committed by you on my client to dupe him of a sum of Rs 3,75,000/ promising him employment onboard a Foreign Going Merchant Vessel over 5000 GRT for 18 months to enable him to get Cadetship Training & Watch Keeping Certificate and demanding the refund of the amount of Rs 3,75,000/ illegally collected by you, monetary compensation of Rs 5 lacs towards loss of training & employment and mental agony & physical hardship suffered by him and other monetary loss suffered by him, as follows:
2. My client states that he had completed his BSc Nautical Science Course from AMET University Chennai and was looking for placement onboard a Foreign Going Merchant Vessel over 5000 GRT to enable him to get Cadetship Training & Watch Keeping Certificate. Smarting yourself as placement agent of mariners, you enticed my client, promising him placement onboard a Foreign Going Merchant Vessel over 5000 GRT for a period of 18 months to enable him to get Cadetship Training & Watch Keeping Certificate and demanded payment of Rs 3,75,000/ which was paid to you (Rs 75000/ by bank transfer and Rs 3,00,000/ by cash, as per your advice). On receipt of the above payment you issued him with letter dated[protected] stating that my client is going for onboard training on MV YONG HUA-2 for a period over 12 months through you.
3. This was followed by a Seaman’s Contract of employment issued by one Mahavir Shipping SDN BHD, situated in No 23, 3rd Floor, Jalan Maju, 96000, Sibu, Sarawak, Malaysia, vide Ref No SMS/AGR/00109 dated[protected] in which the printed name of the vessel MV DANUM 152 was scored out and was replaced by hand written name of MV YONG HOA-2 and the appointment of my client was shown as AB and not as Officer Cadet..
3. My client joined the vessel MV YONG HOA-2 on[protected] which was in Dry Dock in the port of SIBU in Malaysia. Soon it came to light that the ship was a Near Coastal Voyage Vessel of 2300 GRT, plying between the Ports of KOCHING & SIBU only in Malaysia. He was not provided with any food or shelter and he managed to survive for 5 days with the foodstuff carried by him. My client was informed that though he was employed as AB, he will be given the work certificate and endorsement on the CDC as Cadet having sailed on board FG Vessel over 5000 GRT.

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4, Sensing fraud and cheating and fearing the future implications of such fraudulent entries in the CDC, my client asked the Master for clarification who declined to communicate & advised him to contact the Indian Agent. Therefore my client contacted his family members who in turn contacted and confronted you. You gave evasive answers to them and advised them to get my client repatriated at his own cost and contact thereafter. My client managed to return to India on[protected] with the help of the Air Ticket sent by his family members. He was not paid any wages or provided with any account of wages. Nor any endorsement was made on his CDC.
5. Thereafter my client and his family members made several phone calls to you demanding refund of the amount of Rs 3,75,000/ paid to you and the other expenses incurred by them on account of the episode. Initially you agreed to refund the amount of Rs 3,75,000/ received by you but later refused to refund and avoided their phone calls.
6. Please note that you committed a premeditated fraud on my clients and cheated them of Rs 3,75,000/and made them incur further expenses and also caused mental agony and physical suffering. My client also lost valuable time & training. You are liable to pay my client with the following amount as refund, cost & compensation