Present         (1)      Nisha Nath Ojha,   

                              District & Sessions Judge (Retd.)                                                                     President

                    (2)      Smt. Karishma Mandal,

                              Member

Date of Order :- 25.02.2017

                    Smt. Karishma Mandal

1. In the instant case the Complainant has sought for following reliefs against the Opposite parties:-

1. To refund amount of Rs. 75, 000.00 (Seventy five thousand only) with 18% interest per annum from 29.11.11 till full and final payment.
2. To pay Rs. 50,000.00 (Fifty thousand) as Compensation for inconvenience, loss, harassment mental tension.
3. To pay Rs. 5,000/- (Five thousand) as litigation cost.

2. Brief facts of the case which to the filing of complaint are as follows:-

1. The complainant is a young student and successfully completed one year training in trade of PG Diploma in Industrial Safety Management and his academic report is excellent.
2. The authorized agent of the opposite party no. 1 contacted the complainant and explained him the feature, objective and aims of the Opposite party no.1 and advised the complainant to contact the Opposite party no.2 for bright future of the complainant. In pursuance of such advice, the complainant approached the office of the Opposite party no.1 and met the Opposite party no.2. The Opposite party no.2 told the complainant that Al-saad consultancy services Pvt. Ltd is professional recruit agency in India and in pursuance of such advice, the complainant submitted duly filled all relevant document including those of his educational qualification and paid a sum of Rs. 75,000/-(Seventy five thousand) only to the Opposite party no.1.
3. The complainant followed all the instruction given to him by the Opposite parties and discharged all the obligation imposed upon him.
4. After the said amount was paid, the complainant waited for progress in the matter but no progress took place. The complainant visited the office of the Opposite party no.1 and there he was informed that his application for Visa was rejected. Then the he requested the Opposite party no. 2 to refund the amount of Rs. 75,000/-(Seventy five thousand) only which was paid as a fee. The Opposite party no.2 assured the complainant that aforesaid amount shall be refunded within short period and further requested to the complainant to come back on 1^st Oct. 2012 to receive a cheque for Rs. 75,000/-(Seventy thousand) only.
5. The complainant approached the office of the Opposite party no.2 on 01.10.12. Then cheque bearing cheque no. 034306 dated 01.10.12 for Rs.50,000/-(Fifty thousand) only provided to the complainant and assured him that the remaining amount shall be refunded within one month. The cheque No. 034306 dated 01.10.12 was presented for encashment but it was bounced then the complainant  contacted the opposite party no. 2 several times and requested him to refund the aforesaid amount so that his grievance is to be redressed without further delay but except giving assurance  no steps has been taken by him to redress the genuine grievance of the complainant.
6. It is relevant to mention that it is well settled that when the Visa of the complainant stands rejected and progress could not be made, then he is entitled to get his amount. The principal of refund is well recognized in every life i.e. in case of travel by railway planes or other modes.
7. The complainant  because of the delay and in action on the part of the opposite parties are in great predicament.

Perused the entire documents available on the record and heard the complainant only as the Opposite party has not appeared at the hearing stage.

From the aforementioned fact it is crystal clear that despite depositing Rs. 75,000/- (Seventy five thousand only) with opposite parties, the complainant could not get Visa and as such he is entitle to realise the aforesaid amount from opposite parties.

It is needless to say that when the registered notice issued to opposite parties did not return then vide order dated 04.01.2016 the valid tamila on opposite parties were declared. Thereafter when despite allowing several opportunity opposite parties did not file written statement then this case has been heard ex parte.

It goes without saying that as the complainant has asserted the above mentioned facts on oath and there is no counter version of the facts asserted by the complainant, we have no option but to rely on the facts asserted by the complainant which disclose serious deficiency.

We accordingly direct the Opposite parties jointly and severally to refund the fee of Rs. 75,000/- (Seventy five thousand only) within a period of two months from date of receipt of certified copy of this order failing which the Opposite parties will have to pay the with interest @ 9% per annum on the aforesaid amount from the date of order till its final payment. 

The Opposite parties is further directed to pay of Rs. 10,000/-(Ten thousand only) by way of compensation as well as litigation cost to the complainant within the aforesaid period.

Thus the instant complaint petition stands allowed to the extent indicated above.

                              Member                                                                   President