Chandigarh

DF-II

CC/172/2015

Mrs. Kirandeep kaur Bains - Complainant(s)

Versus

Avalon Immigration Private Limited - Opp.Party(s)

Sh. Sandeep Bhardwaj Adv.

07 Oct 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Consumer Complaint No.	:	172/2015
Date of Institution	:	30.03.2015
Date of Decision	:	07/10/2015

                       

                            

 

Mrs.Kiran Deep Kaur Bains w/o Mr.Amritpal Singh Bains r/o H.No.242, Ram Basti Hareri Road, Gali No.1, Sangrur-148001, Punjab.

     ...  Complainant.

Versus

1.   Avalon Immigration Pvt. Ltd., SCO No.76-77, Second Floor, Sector 17-C, Chandigarh -160017 through its Managing Director/Director/Chief Operating Officer/Authorized Signatory.

 

2.   Avalon Immigration Pvt. Ltd., Ambika Tower, 14 Police Line road, Below Passport Office, Lower Ground Floor, Jalandhar, Punjab through its Managing Director/Chief Operating Officer/Authorized Signatory.

…. Opposite Parties.

 

BEFORE:   SHRI RAJAN DEWAN, PRESIDENT

SHRI JASWINDER SINGH SIDHU, MEMBER

SMT.PRITI MALHOTRA, MEMBER

 

Argued by: Sh.Sandeep Bhardwaj, Advocate for the complainant

          OPs exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.      In brief, the case of the complainant is that she completed her Bachelor of Science with First Division from Punjab Technical University and joined Best Milk Products Pvt. Ltd.  as Administration Manager in H.R. Section.  She intended to settle in Canada and as such she met Sh.Randeep Singh Saini, Chief Operating Officer of the OPs who after inspecting her academic documents told that he would arrange her work permit visa from the Service Canada under Arranged Employment Opinion (AEO).  It has further been averred that on the assurances given by the OPs, she submitted her application alongwith the requisite documents for work permit for Canada  under AEO and deposited Rs.80,000/- vide receipt dated 05.07.2013 (Annexure C-1).  A contract of engagement (Annexure C-2) was prepared on 05.07.2013. She was assured by the OPs that the agreement in respect of the AEO  will be executed between the parties on receiving the substantial amount.   The complainant further deposited a sum of Rs.2,59,000/- with the OPs vide receipt dated 31.07.2013, Annexure C-3.  Thereafter she made a number of requests through e-mail dated 25.11.2013, Annexure C-4 (Colly.)  to the OPs to apprise about the status but to no avail.  In response to her e-mails, she received e-mail dated 26.11.2013 from Sh.Randeep Singh Saini, aforesaid informing her that he is still in Toronto and she was assured that she would get her settlement plan very soon.  It has been averred that she also deposited another sum of Rs.3,42,000/- with the OPs vide receipt dated 16.01.2014 (Annexure C-7).  However to her utter surprise, the receipt was issued on account of Manitoba Provincial Nominee Program (MPNP) instead of AEO.  According to the complainant, the Manitoba Provincial Nominee Program was a govt. immigration program that selects applicants who demonstrate that they have the potential and desire to immigrate and settle themselves and their families in Canadian Province of Manitoba only where she applied with the OPs for arranging the work visa in Canada under AEO.  It has been averred that Manitoba Provincial Nominee Program has been closed by the Govt. of Canada. Thereafter, she visited the office of the OPs  to lodge her protest regarding the issuance of the receipt in respect of Manitoba Provincial Nominee Program instead of AEO and requested them to show her documents to prove that her case is being processed but to no effect. She alleged that the OPs are not making any efforts for arranging the work permit for Canada under AEO despite receiving the huge amount of Rs.6.81 lacs. Alleging that the aforesaid acts amounted to deficiency in service and unfair trade practice on the part of the opposite parties, the complainant has filed the instant complaint.
2.      OPs put in appearance through their Counsel Sh.Sukhwinder Singh, Advocate. Many opportunities were granted to the OPs to file the reply and evidence in support of their defence and even subject to payment of costs but they did not bother to file the same. On 03.09.2015, none appeared on behalf of the OPs and as such they were ordered to be proceeded against exparte.
3.      We have heard the learned counsel for the complainant and have gone through the documents on record.
4.      In her exparte evidence, the complainant has placed on record her detailed affidavit reiterating the averments as made in the complaint. She has also placed on record the copies of the receipts as Annexures C-1, C-3 and C-7 for Rs.80,000/- dated 05.07.2013, Rs.2,59,000/- dated 31.07.2013 and Rs.3,42,000/- dated 16.01.2014 respectively.  It is evident from the said receipts that the complainant had deposited in all a sum of Rs.6,81,000/- with the OPs for obtaining the work permit visa in Canada.  The complainant has specifically deposed in her affidavit that she submitted her application alongwith the requisite documents and deposited the amount as demanded by the OPs from time to time but despite this they failed to provide the professional services and arrange the work permit visa in Canada under Arranged Employment Opinion (AEO). The evidence led by the complainant has gone uncontroverted. Moreover, the OPs preferred to proceed against exparte without filing reply  and evidence to rebut the averments made in the complaint and,  as such, it can be concluded without any hesitation that either it admits the claim of the complainant or has nothing to say in the matter. In our considered view, the Opposite Parties were failed to render the promised services to the complainant despite receiving the huge amount of Rs.6,81,000/- which itself amounts to deficiency in service and indulgence into unfair trade practice on the part of the OPs.
5.      In view of the above discussion, the present complaint deserves to be partly allowed and the same is accordingly allowed. The opposite parties are directed as under ;-
   1.      To refund Rs.6,81,000/- to the complainant with interest @ 9% p.a. from the respective dates of deposit till its actual realization.
   2.      To pay Rs.25,000/- as compensation for mental agony and harassment caused to the complainant
   3. To pay Rs.7,000/- as costs of litigation.
6.      This order shall be complied with by the Opposite Parties within 45 days from the date of receipt of its certified copy, failing which, it shall be liable to refund the amount of Rs.6,81,000/- to the complainant along with interest @12% p.a. from the respective dates of its deposit till actual payment and compensation amount of Rs.25,000/- alongwith interest @ 12% p.a. from the date of this order, till its realization, besides costs of litigation.
7.      Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

07/10/2015

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER

 

Sd/-

(PRITI MALHOTRA)

MEMBER