DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.464 of 2018
Date of institution: 19.04.2018 Date of decision : 13.12.2018
1. Prabhjot Saini son of Late Shri H.S. Saini through his special power of attorney and wife Navdeep Saini, resident of VPO Sataur, Tehsil and District Hoshiarpur.
2. Navdeep Saini wife of Prabhjot Saini, resident of VPO Sataur, Tehsil and District Hoshiarpur.
…….Complainants
Versus
Cambridge Career Ahead, SCF No.114, First Floor, Phase-X, Sector 64, SAS Nagar, Mohali through its Manager/Authorised signatory.
……..Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum: Shri G.K. Dhir, President,
Shri Amrinder Singh Sidhu, Member
Mrs. Natasha Chopra, Member.
Present: Shri Divjyot Singh Sandhu, counsel for complainants.
OP ex-parte.
Order by :- Shri G.K. Dhir, President.
Order
Complainants, after reading advertisement contacted OP for admission of their daughter Aalya Saini, aged 6 years for her education in Canada. OP asked complainants to visit its office at Mohali alongwith all certificates/passport etc. After checking documents, OP disclosed that it can arrange schooling visa of daughter of complainants in school Beacon House Mississauga, Canada. Copies of testimonials alongwith birth certificate and coloured copies of passport of daughter of complainant were submitted with OP. Complainant No.2 paid a sum of Rs.20,000/- in cash on 30.10.2017 to OP and thereafter on demand another sum of Rs.10,000/- was paid on 23.11.2017 and further Rs.2,86,000/- in cash on 07.12.2017. Agreement was executed between complainant No.1 and OP for acknowledging amount of Rs.2,86,000/-. Another amount of Rs.29,700/- was transferred through NEFT transaction by complainants from their account with Indian Overseas Bank on 12.12.2017. OP assured that in case schooling visa not granted, then paid money will be refunded back. Complainants kept on pursuing the matter with OP, who continued to assure for getting visa provided, but lateron, on contacting OP, it was found that it had been putting off the matter on one pretext or the other. After great persuasion, cheque No.000062 dated 01.04.2018 drawn on HDFC Bank for sum of Rs.2,66,000/- was issued by OP in favour of complainants, despite the fact that much higher amount received by OP from complainants. On presentation of cheque referred above, same returned with remarks of insufficient funds through memo dated 04.04.2018. OP has adopted unfair trade practice and that is why complaint filed for seeking refund of paid amount of Rs.3,45,700/- with interest @ 18% per annum from the dates of payments till realisation. Compensation for mental harassment and agony of Rs.1.00 lakh and litigation expenses of Rs.35,000/- more claimed.
2. Earlier one Mr. Shabbir, Assistant in office of OP appeared by placing on record authority letter, but subsequently none appeared for OP and as such OP was proceeded against ex-parte.
3. Counsel for complainants tendered in evidence affidavit Ex.CW-1/1 of complainant No.2 alongwith documents Ex.C-1 to Ex.C-7 and thereafter closed evidence.
4. Written arguments not submitted. Oral arguments heard and records gone through.
5. Perusal of receipts Ex.C-1 and Ex.C-3 alongwith letter Ex.C-2 establishes that Rs.10,000/- on three occasions each were received by OP from complainants. Agreement Ex.C-4 produced to establish as if Rs.2,86,000/- in cash received by OP from complainants as college/university fee. Besides an amount of Rs.29,700/- was transferred through NEFT transaction to OP on 12.12.2017 through joint bank account of complainants and as such certainly complainants able to establish as if they have paid sum of Rs.3,45,700/- in all to OP for availing its services for arranging schooling visa for their daughter in Canada. Specific reference in that respect also made in agreement Ex.C-4. That visa has not been got arranged and as such certainly complainants entitled for refund of paid amount to OP minus an amount equivalent of 250 CAD as may be deducted by OP as per Clause 1 (d) of agreement Ex.C-4 at page 2 of agreement. Canadian dollar now a days has worth of Rs.50/- INR and as such after deducting amount of Rs.12,500/- from the paid amount of Rs.3,45,700/-, complainants entitled for refund of balance amount of Rs.3,33,200/- as per terms of agreement Ex.C-4 itself. OP issued cheque for refund of Rs.2,66,000/- in favour of complainants, but said cheque Ex.C-7 dishonoured due to insufficiency of funds as per endorsement on memo Ex.C-7 itself. Only that person will agree for refund of received amount, who has rendered deficient services. Deficiency in service in this case on part of OP is two fold namely one of not arranging for schooling visa and second of issuing the cheque for refund of Rs.2,66,000/-, but without obligation of getting the said cheque honoured. So certainly complainants suffered lot of mental tension and harassment and as such they are entitled to compensation of Rs.30,000/- alongwith litigation expenses of Rs.10,000/- in addition to the amount to which they are entitled for refund, as referred above. Even complainants entitled to interest @ 9% per annum w.e.f. 12.12.2017 the last date of payment by them to OP through NEFT transaction as evidenced through Ex.C-5.
6. As a sequel of above discussion, complaint allowed with direction to OP to refund amount of Rs.3,33,200/- (Rs. Three Lakhs Thirty Three Thousand Two Hundred only) alongwith interest @ 9% per annum w.e.f. 12.12.2017 till payment. Compensation for mental agony and harassment of Rs.30,000/- (Rs. Thirty thousand only) and litigation expenses of Rs.10,000/- (Rs. Ten thousand only) more allowed in favour of complainants and against OP. Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies of the order be supplied to the parties as per rules. File be indexed and consigned to record room.
Announced
December 13, 2018.
(G.K. Dhir)
President
(Amrinder Singh Sidhu)
Member
(Mrs. Natasha Chopra)
Member
