BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH ======== Consumer Complaint No | : | 656 of 2010 | Date of Institution | : | 25.10.2010 | Date of Decision | : | 19.04.2011 |
Pardeep Dabur s/o Sh.Jasmer Singh r/o Village Amargarh, PO-Sandhir, District Karnal ….…Complainant V E R S U S Canadian 4 U R Immigration Services (Grand Ocean of Opportunities), SCO 16-17, Sector 9-D, Chandigarh through its Director/Manager /Authorized Signatory Sh.Tarlochan Singh Sekhon. ..…Opposite Party CORAM: SH.P.D.GOEL, PRESIDENT SH.RAJINDER SINGH GILL, MEMBER DR.(MRS) MADANJIT KAUR SAHOTA MEMBER Argued by:Sh.Balwinder Singh Adv. for complainant. OP exparte. PER P.D.GOEL, PRESIDENT The complainant namely Pardeep Dabur has filed the present complaint under section 12 of the Consumer Protection Act (as amended upto date) “hereinafter referred to as the Act”. In short, the facts of the case are that in the year 2006, the complainant was desirous to go to Canada and as such he approached OP in the month of July, 2006 at their Chandigarh Office. The director of OP after taking interview of the complainant told that he can be permanently immigrated to Canada. It is further the case of the complainant that in the year 2008, OP told him that they have authorization and membership No.M-042031 so can provide AEO Services (Arrangement Employment Offer) on which he shall get visa and employment in Canada. The complainant was told that the total expenditure would be Rs.6,50,000/-. It is further the case of the complainant that on the assurance given by the OP, he paid Rs.50000/- on 15.09.08. The signatures of the complainant were also taken on AEO as well as on the contract letter and on various other documents including the blank papers. As per the AEO and contract dated 15.09.2008, the complainant handed over all the documents including his passport to OP. It is further the case of the complainant that OP promised to arrange the work permit, visa etc at the earliest. The complainant paid Rs.3 lacs vide receipt dated 16.10.08. That OP informed the complainant that arranged employment opinion confirmation letter had been received from the employer from Canada and as such the job is final. The complainant was also told to make arrangement for the balance payment. It is further the case of the complainant that the case was forwarded to Canadian Embassy, New Delhi for further necessary action by OP. However, the Senior Immigration Officer vide letter dated 20.10.2009 stated that he is not satisfied that the employment offer is genuine. It is the grouse of the complainant that the membership of the OP by CSIC had been cancelled but the said fact had been concealed so the amount of Rs.3.50 lacs has been received without any authority as the Canadian Embassy has not accepted his application. Under the given situation, the complainant made request to OP to refund the amount as per the contract dated 15.09.2008 as the OP had failed to obtain the visa for him. It is the case of the complainant that he approached OP at Chandigarh with the request either to arrange visa for him to Canada or to refund the amount but all in vain, hence, this complaint. 2. OP refused to accept the notice, hence proceeded against exparte vide order dated 8.3.2011. 3. The complainant led evidence in support of his contentions. 4. We have heard the learned counsel for the complainant and have also perused the record. 5. The averments contained in the complaint are supported with the affidavit of the complainant. Annexure C-1 is the letter dated 15.9.2008 qua which the complainant was asked to pay fee of Rs.6.50 lacs. Annexures C-2 and C-3 are receipts dated 15.09.08 and 16.10.2008 for Rs.50000/- and Rs.3 lacs respectively. Annexure C-4 is the confirmation letter dated 9.10.08. Annexure C-5 is the reply dated 20.10.09. 6. The perusal of the reply Annexure C-5 referred to above makes it clear that Senior Immigration Officer of Govt. of Canada was not satisfied that the complainant meets the requirements of the Act and regulations for the reasons explained above and as such the application has been refused. Vide Annexure C-6, the membership of the complainant has been revoked on 11.10.06. 7. Now it is proved on record that the complainant made the payment of Rs.3.50 lacs qua Annexures C-2 and C-3. The complainant has submitted in para No.7 of the complaint that in the month of June,2010, OP agreed to refund the amount of Rs.1 lac and in order to discharge its liability , the four cheques dated 22.07.10 and 22.08.10 were issued. However during the course of arguments, the learned counsel for the complainant stated that OP has paid the amount of Rs.1 lac. 8. Now only point which calls determination from this Court is that whether the complainant is entitled for amount ofRs.2.50 lacs along with interest. The answer to this is in the affirmative. 9. It has been stated in para No.11 of the compliant that the complainant has made payment of Rs.3.50 lacs to the OP but out of this amount, he has received only Rs.1 lac. It is also proved from Annexure C-6 that membership of the complainant has been revoked w.e.f. 11.10.06. Therefore, it can legitimately be concluded that OP is under legal obligation to refund the amount of Rs.2.50 lacs to the complainant. Admittedly, OP despite service did not care to contest the case and as such it can be concluded without any hesitation that either the OP admits the claim of the complainant or has nothing to say in the matter. Moreover, the evidence led by the complainant has also gone un-rebutted and uncontroverted. Non-refund of Rs.2.50 lacs despite the repeated requests of the complainant amounts to deficiency in service and unfair trade practice on the part of OPs. 10. As a result of the above discussion, this complaint is accepted exparte and OP is directed to refund the remaining amount of Rs.2.50 lacs to the complainant along with interest @ 9% p.a. from the date of filing of the complaint till its realization along with Rs.7500/- as compensation and costs of litigation within one month from the date of receipt of the certified copy. 11. The certified copies of this order be sent to the parties free of charge. The file be consigned. | Sd/- | | Sd/- | Sd/- | 19.04.2011 | [ Madanjit Kaur Sahota] | | [Rajinder Singh Gill] | (P.D.Goel) | cm | Member | | Member | President |
| | MR. RAJINDER SINGH GILL, MEMBER | HONABLE MR. P. D. Goel, PRESIDENT | DR. MRS MADANJIT KAUR SAHOTA, MEMBER | | 
