Chandigarh

DF-II

CC/114/2020

Jagjot Singh - Complainant(s)

Versus

ABroad Education & Immigration Services Pvt.Ltd. - Opp.Party(s)

Sumeetpal Singh Khaira

09 Dec 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	114/2020
Date of Institution	:	19.02.2020
Date of Decision	:	09.12.2021

 

                                       

                       

 

Jagjot Singh aged about 20 years son of Sh.Balwinder Singh resident of Village Tangori, District SAS Nagar, Mohali, Punjab.

                                ...  Complainant.

Versus

I Abroad Education and Immigration Services Pvt. Ltd., SCO 44, 2^nd Floor, Sector 42-C, Chandigarh -160036 through its Owner/Manager/Authorized Signatory.

…. Opposite Party.

 

BEFORE:
		SHRI RAJAN DEWAN,	PRESIDENT
		SMT.PRITI MALHOTRA,	MEMBER
Argued by:-
	Sh.Sumeetpal Singh Khair, Adv. for the complainant.
	Defence of the OP struck off

 

      

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the facts of case as alleged by the complainant are that  he entered into an agreement with the OP for providing services with regard to applying for Canada Quebec Study Visa (Annexure C-1) and paid Rs.3,36,500/- towards the expenses as mentioned in the agreement  vide different receipts i.e. No.702 dated 05.02.2019 for Rs.13,500/-, No.873 dated 29.07.2019 for Rs.20,800/- and No.886 dated 03.05.2019 for  Rs.3,02,224/-.  It has further been alleged that out of the total expenses a sum of Rs.34,300/- was non-refundable in both situations i.e. if the visa was granted or refused.  Since the complainant was refused visa and as such he was entitled to refund of Rs.3,02,224/- deposited as tuition fee of the College in Canada, which he got deposited vide receipt dated 886 dated 03.05.2019. However, after making several visits to the OP, an amount of Rs.2,60,899/- was refunded after retaining Rs.41,325/-and the said amount has not been refunded despite his repeated requests  and even service of the legal notice dated 02.12.2019. Alleging that the aforesaid acts of omission and commission on the part of the OP amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.       
2.         OP put in appearance through Sh.Anil Sharma, Advocate on 27.07.2020 who filed vakalatnama through e-mail and subsequently sought various adjournments for filing the reply and evidence on behalf of the OP but the same has not been filed. Ultimately, the defence of the OP was ordered to be struck off vide order dated 10.09.2021
3.         We have heard the Counsel for the complainant and have gone through the documents on record.
4.         In his evidence, the complainant has tendered into evidence his detailed affidavit in support of the averments made in the complaint along with the documents mentioned in the complaint.    He has also placed on record the copies of the Agreement as Annexure C-1 and the receipts regarding the deposit of Rs.3,36,500/- on various dates as Annexure C-2 to C-4. He has also placed on record the copy of the legal notice dated 02.12.2019 as Annexure C-5 vide which he requested the OP to refund the remaining amount of Rs.41,325/-. Although, the OP has put in appearance through its advocate but they failed to file the reply and evidence to rebut the averments made in the complaint despite availing numerous opportunity meaning thereby that either they admit the claim of the complainant or they have nothing to say in their defence.  It is, thus, established beyond all reasonable doubt that the complaint of the Complainant is genuine.  The OP had failed to refund remaining amount of Rs.41,325/- to the complainant despite his repeated requests and receipt of the legal notice dated 02.12.2019, Annexure C-5, resulting into immense, mental and physical harassment to him.   Thus, finding a definite deficiency in service on the part of the OP, we have no other alternative, but to allow the present complaint.
5.         In view of the above discussion, the present complaint deserves to be allowed against the OP and the same is accordingly allowed. The OP is directed as under:-

[i]            To refund the balance amount of Rs.41,325/- to the complainant.

[ii]          To pay Rs.5,000/- as compensation for mental agony & physical harassment to the complainant.

 [iii]        To pay Rs.7,000/- as costs of litigation.

6.         This order be complied with by the OP within 30 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(i) and (ii) above shall also carry interest @ 9% per annum from the date of this order till its actual payment besides litigation costs.
7.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room
8.  

Announced 09/12/2021
	Sd/- (RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER