DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Satwinder Singh s/o Nirmal Singh, # 19, Village Khashi, Tehsil Baba Bakala, District Amritsar, Punjab.

                                      ---Complainant.

Versus

Altus Education & Immigration Consultants Pvt. Ltd. (Earlier at SCO 113 Level-1, Sector 47-C, Chandigarh) now at SCF No.37, 2^nd Floor, Phase-11, Mohali through its Managing Director.

---Opposite Party

BEFORE:  SHRI LAKSHMAN SHARMA                 PRESIDENT

                   SMT. MADHU MUTNEJA                       MEMBER

                   SHRI JASWINDER SINGH SIDHU       MEMBER

Argued by:  Sh. Gaurav Bhardwaj, Counsel for the complainant

                        OP exparte.

PER LAKSHMAN SHARMA, PRESIDENT

1.                           Sh. Satwinder Singh has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act only) praying for the following reliefs :-

i)       To refund the amount of Rs.97,000/- alongwith interest.

ii)      To pay compensation of Rs.50,000/-.

iii)     To pay Rs.11,000/- as litigation expenses.

2.                           In brief, the case of the complainant is that he was interested in going to Canada on employment visa.  The complainant accordingly hired the services of the opposite party and deposited Rs.22,000/- with it vide receipts (C-1 & C-2).  The complainant also submitted photocopies of some documents.  The opposite party got signed some documents from the complainant and asked him to wait for some days.  After some days the opposite party called the complainant and asked him to deposit Rs.75,000/- as processing fee which was deposited by him vide demand draft (C-4). The complainant was also made to sign an agreement dated 24.1.2011 (C-5). 

                   According to the complainant, as per the agreement the normal time taken by the opposite party was 4-8 months.  However, the opposite parties dilly dallied the matter and failed to do anything.  Ultimately, vide letters 1.11.2012, 15.12.2012 and 24.12.2012 the complainant requested the opposite party to refund his money but it failed to do so. 

                   In these circumstances the present complaint has been filed seeking the reliefs mentioned above.

3.                           Notice was sent for the service of the opposite party through registered AD letter on 30.1.2013.  However, neither the same was received back undelivered nor any acknowledgement was received.  As the period of more than 30 days had passed, therefore, it was presumed that the opposite party had been duly served.  None appeared on behalf of the opposite party on the date fixed. Hence it was proceeded against exparte vide order dated 6.3.2013.

4.                           We have heard the learned counsel for the complainant and have gone through the documents on record.

5.                           It has been contended by the ld. Counsel that the
complainant was desirous of going to Canada on employment visa.  He therefore, availed the services of the opposite party.  Annexure C-1 and
C-2 are the copies of receipts dated 11.1.2011 through which the complainant deposited Rs.12,000/- and Rs.10,000/- respectively with
the opposite party.  Subsequently the complainant deposited another amount of Rs.75,000/- with the opposite party vide demand draft copy of which is Annexure C-4.  As the opposite party failed to provide the services for which it was hired, the complainant vide letter dated 1.11.2012 (C-7) sought refund of the amount paid by him.  He reiterated his request for refund of the amount vide letters dated 15.12.2012 and 24.12.2012 (C-9 & C-11) but the opposite party failed to do so.  The complainant also filed his duly sworn affidavit in support of his averments in the complaint. 

6.                           The opposite party did not appear to controvert the averments of the complainant. Therefore, the stand of the complainant goes unrebutted.  Non refund of the amount deposited by the complainant, therefore, amounts to deficiency in service on the part of the opposite party.

7.                           In view of the above discussion, the present complaint is allowed and the opposite party is directed as under :-

                                           i.                        to refund the amount of Rs.97,000/- paid by the complainant

                                         ii.                        to pay Rs.20,000/- as compensation for mental agony and harassment caused to the complainant

                                      iii.                        to pay Rs.7,000/- as litigation costs.

8.                           This order be complied with by the opposite parties, within 45 days from the date of receipt of its certified copy, failing which the amounts at Sr.No.(i)&(ii) above shall carry interest @18% per annum from the date of filing of this complaint till actual payment, besides payment of litigation costs.

9.                           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

20.3.2013.

Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

Sd/-

 (MADHU MUTNEJA)

MEMBER

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER