Punjab

Faridkot

CC/17/171

Gaurav Goyal - Complainant(s)

Versus

Country Consultant - Opp.Party(s)

Amit Kumar Mittal

13 Feb 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

            Complaint No. :          171 of 2017

Date of Institution:      24.05.2017

Date of Decision :       13.02.2019

 

Gaurav Goyal aged about 30 years, son of Mohan Lal, resident of House No.375, Ward No.14, Himmatpura Basti, Jaitu, Tehsil Jaitu, District Faridkot.

...Complainant

Versus

1. Country Consultants, through its Proprietor/Manager Jyoti, Nimrata Complex, Ground Floor, Near Narinder Cinema, Bus Stand, Jallandhar.
2. Jyoti, Proprietor/Managar, Country Consultant, Nimrata Complex, Ground Floor, Near Narinder Cinema, Bus Stand, Jallandhar.

                                            ....Opposite parties

 

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum:     Sh. Ajit Aggarwal, President,

Smt Param Pal Kaur, Member.

 

Present:      Sh. Amit Mittal, Ld Counsel for complainant,    

                  OPs Exparte.

 

ORDER

(Ajit Aggarwal, President)

                            Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops seeking directions to OPs to refund the amount of Rs.50,000/- alongwith interest and to return the original passport and certificates of complainant and for further directing them to pay

 

Complaint No. - 171 of 2017

Rs.50,000/- as compensation for mental agony and harassment besides litigation expenses of Rs.20,000/-.

2                                      Briefly stated, the case of the complainant is that on assurance of OPs that they would send the complainant to Canada on work visa, complainant handed them over his original passport and other requisite documents demanded by OPs. Complainant also paid Rs.50,000/-to them through NEFT from his account in Canara Bank on 1.10.2016. OPs assured to arrange work visa within 15 days, but despite completion of one year, OPs neither arranged work visa for him for going to Canada nor refunded his amount. Complainant made several requests to OPs to send him to Canada, but every time they kept putting of complainant on one pretext or the other. Legal notice issued by complainant to OPs to send him to Canada also served no purpose as they did not bother to given reply to that notice. all this  amounts to deficiency in service and trade mal practice on the part of OPs and caused harassment and mental agony to him. He has prayed for accepting the present complaint alongwith compensation and litigation expenses besides main relief. Hence, the instant complaint.

3                                                        The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 30.05.2017, complaint was admitted and notice was ordered to be issued to the opposite party.

 4                                                 Notice issued to Ops stands duly served through RC as well as publication but despite service of summons, no body made presence in the Forum either in person or through counsel and therefore, after long waiting till 4.00 pm, when no one appeared in the Forum on date fixed, then, vide order dated 16.10.2017, Ops were proceeded against exparte.                 

Complaint No. - 171 of 2017

5                                             The complainant tendered in evidence his affidavit Ex.C-1 and documents Ex C-2 to C-6 and then, closed the evidence.

6                                                 As there is no rebuttal from Ops side, therefore, ld counsel for complainant advanced exparte arguments. Ld Counsel for complainant vehementally argued that on assurance of OPs that they would send him to Canada on work visa, complainant handed them over his original passport and other requisite documents as demanded by OPs. Complainant also paid Rs.50,000/-to OPs through NEFT from his account in Canara Bank on 1.10.2016 and in turn, OPs assured to arrange work visa within 15 days, but despite completion of one year, OPs neither arranged work visa for him for going to Canada nor sent him to Canada. They also did not refund his huge amount of Rs.50,000/-, which they received through NEFT on 1.10.2016. Complainant made several requests to OPs to send him to Canada, but every time they lingered on the matter on one pretext or the other. Complainant also served legal notice to OPs wherein requested them to either send him to Canada or to refund his amount of Rs.50,000/- alongwith interest and to return the original passport and other certificates given by him to them, but OPs did not do anything needful. All this amounts to deficiency in service for which he has prayed for compensation and litigation expenses besides the main relief.

7                                We have heard the ld Counsel for complainant and have also gone through the pleadings and evidence produced on record by complainant party. The case of the complainant is that he wanted to go abroad and for this purpose on assurance of OPs, he paid them Rs.50,000/- as cost for sending him to Canada. It was agreed between parties that if OPs failed to send him to Canada, they would

Complaint No. - 171 of 2017

refund the entire amount of Rs.50,000/-to complainant. Complainant was not sent to Canada by OPs and therefore, he requested for refund of his amount. Several requests and legal notice issued by complainant to get refund of his amount turned futile, which amounts to deficiency in service and has caused mental agony and harassment to complainant. On the contrary, there is no reply or rebuttal from OPs side. Complainant has relied upon document Ex C-6 that is statement of account of complainant for the period from 1.01.2015 to 14.12.2016,  that fully proves the fact that on 1.10.2016 was deposited in the account of complainant and on same day, this amount of Rs.50,000/-was transferred from the account of complainant to the account of Country Consultants through NEFT. These transactions are clearly visible on document Ex C-6. Ex C-2 is copy of legal notice got served by complainant to Ops wherein he made request to them to return his original passport alongwith documents and also made request for refund of his amount of Rs.50,000/-paid by him to OPs for sending him to Canada.

8                                             It is observed that complainant has placed on record cogent and sufficient record to prove his pleadings. In the light of account statement Ex C-6 there is no doubt that complainant paid Rs.50,000/-to OPs through NEFT from his account to the account of Country Consultants. This document is fully authentic and is beyond any doubt. Complainant has succeeded in proving his case and therefore, complaint in hand is hereby allowed. Ops are directed to refund the amount of Rs.50,000/-taken by them from complainant alongwith interest at the rate of 9% per anum from the date of payment till final realization  and are also directed to return his original passport alongwith other certificates and documents received from him. OPs are further directed to pay to pay Rs.5,000/- as compensation for mental agony and harassment suffered by

Complaint No. - 171 of 2017

complainant  besides litigation expenses of Rs.3,000/-. Ops are directed to comply with the order within one month from the date of receipt of the copy of the order failing which complainant shall be entitled to initiate proceedings under Section 25 and 27 of Consumer Protection Act. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room. 

Announced in Open Forum

Dated: 13.02.2019

                                       (Param Pal Kaur)                   (Ajit Aggarwal)  

                                        Member                               President