R.F.A. Nos. 194, 196, and 193 of 2017 arise out of O.S. Nos. 512, 542, and 535 of
2009, respectively, which were disposed of by the common judgment and decrees
dated 18.12.2015 passed by the Court of the Sub Judge, Ernakulam. Since the
parties, evidence, issues, and questions arising for consideration are substantially
the same, all the appeals were heard together and are being disposed of by this
common judgment.
2. The plaintiff in O.S. No.512 of 2009 is the respondent in RFA No.194 of
2017. The suit was instituted for recovery of Rs. 3,91,800/- together with interest,
alleging that the plaintiff, a Staff Nurse, had approached the defendants for
overseas employment through GISA International. Pursuant to the preliminary
confirmation of employment issued by Global Employment Consultancy (GEC),
the plaintiff paid Rs. 50,000/- as service charges and thereafter remitted Rs.
2,52,668/- and Rs.63,600/- directly to the account of GEC in accordance with the
directions allegedly issued by the defendants. It was contended that GEC was only
a sham entity and that the defendants had collected the amounts under the guise
CNR : KLHC010405272017
2026:KER:53971
RFA Nos.193/2017,194/2017 and 196/2017 8
of providing overseas employment. On failure to secure the promised visa and
employment, the defendants allegedly agreed to refund the entire amount and
issued Ext.A13 cheque dated 31.03.2009 for Rs.3,91,800/- towards full and final
settlement. The cheque, on presentation, was dishonoured with the endorsement
“Account Blocked”, resulting in the institution of the suit.
