DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No.460 of 20.11.2019

                                      Decided on:   22.10.2020

Gurbaj Singh aged about 28 years, son of Sh.Baldev Singh, R/o Village Buremajra, Post Office, Devigarh,Tehsil and District Patiala.

                                                                   …………...Complainant

                                      Versus

1. Amandeep Singh Managing Director, Europe Study Centre, SCO-109, 2^nd Floor, Leela Bhawan, Patiala-147001.
2. Europe Study Centre, SCO-109, 2^nd Floor, Leela Bhawan, Patiala-147001, through  its M.D. Sh.Amandeep Singh/Branch head Sh.Navdeep Singh

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Sh.Vinod Kumar Gulati, Member    

ARGUED BY

                                       Sh.Sudhir Bharti,Advocate, counsel for complainant.

                                      OPs ex-parte.                                             

 ORDER

                                      JASJIT SINGH BHINDER,PRESIDENT

1. This is the complaint filed by Sh.Gurbaj Singh  (hereinafter referred to as the complainant) against Amandeep Singh and another(hereinafter referred to as the OP/s).
2. The brief facts of the case  are that the complainant alongwith his father visited the office of the OPs in the month of July,2018 for the purpose of getting study Visa for Portugal for P(Porto) Polytechnic Institute of Portugal College in Porto (Portugal) and met Ms.Ginni, visa consultant. The complainant disclosed his qualification on the basis of which the OPs assured that he will get study visa  as desired by him within 30-45 days from the deposit of processing fee. It was also assured that all fess deposited by him including processing fee shall be refunded in case of refusal of visa by college of Portugal. Accordingly the complainant deposited first fee of Rs.15000/- on 18.7.2018 and Rs.5000/- on 7.8.2018 vide receipts No.456 and 551 respectively. Further he deposited Rs.2,30,000/- on 29.9.2018 through RTGS in OPs’ account as was demanded by them. The complainant also deposited an amount of Rs.1600/- on 29.10.2018 as Apostle fee at Punjab School Education Board , Mohali, as per direction of the OPs.
3.           It is averred that inspite of making payments, the OPs  neither procured study visa nor refunded the amount deposited by him.They also refused to refund the amount deposited by the complainant through a telephonical call made by the OPs on 11.11.2019 on the mobile No.8427654352.The complainant also got served legal notice dated 2.11.2019 through his counsel Sh.Sudhir Bharti but even despite the service of the legal notice, as the same was not received back, the OPs did not pay any heed to the request of the complainant. There is thus deficiency in service and unfair trade practice on the part of the OPs which caused financial loss  as well as mental agony and harassment to the complainant.
4. Hence this complaint with the prayer to accept the same by giving direction to the OPs to pay an amount of Rs.3,01,600/- alongwith interest @18% per annum from the date of making of payment till its actual payment; Rs.50,000/- as damages and Rs.21000/-towards litigation expenses.
5. Notice issued by the office was duly served upon the OPs but they did not bother to appear and to contest the complaint. Accordingly the OPs were proceeded against exparte vide order dated 10.1.2020.
6. In exparte evidence, the complainant tendered his affidavit, Ex.CA, copy of legal notice dated 2.11.2019,Ex.C1, postal receipts, Exs.C2&C3, copy of courier receipt,Ex.C4,copy of counseling sheet, Ex.C5,copy of receipt of Rs.20,000/-, Ex.C6copy of receipt dated 31.10.2019 amounting to Rs.2,30,000/-,Ex.C7, copy of receipt dated 29.10.2018 of Rs.1600/- and closed the evidence.
7. The complainant filed the written arguments. We have gone through the same, heard the ld. counsel for the complainant and have also gone through the record of the case, carefully.  
8. In evidence the complainant has tendered his affidavit, Ex.CA and has deposed as per the averments made in the complaint, Ex.C1 is the legal notice and Exs.C2 and C3 are the postal receipts.Ex.C6 is the final invoice  of Rs.20,000/-.Ex.C7 is the e-mail with regard to the payment of Rs.2,30,000/- towards RTGS, in favour of the OPs.Ex.C8 is the receipt of Punjab School Education Board for Rs.1600/-.So it is clear that total amount of Rs.2,51,600/-has been spent by the complainant but despite the fact that no visa was ever got by the OPs to the complainant. Moreover the office of OPs No.1 &2 were duly served but none has appeared on behalf of the OPs. So the averments made by the complainant are unrebutted and contontroverted and it is clear that the OPs are deficient in service and deliberately did not get visa for the complainant and have not refunded the amount  to the  complainant. It also shows unfair trade practice on the part of the OPs.
9. In view of our  aforesaid discussion, the complaint stands allowed and the OPs are directed to refund the amount of Rs.2,51,600/- to the complainant alongwith interest @6% per annum from the date of filing of the complaint i.e.20.11.2019 till final payment. They are also directed to pay Rs.20,000/- as compensation for causing mental agony and harassment to the complainant alongwith Rs.20,000/- as litigation expenses.         

Compliance of the order be made by the OPs within a period of 45 days from the date of the receipt of the certified copy of this order.

ANNOUNCED

DATED:22.10.2020     

                             Vinod Kumar Gulati             Jasjit Singh Bhinder

                                    Member                                       President