Before the District Consumer Disputes Redressal Commission, Room No. 208 2nd Floor, District Administrative Complex, Tarn Taran
Consumer Complaint No : 77 of 2019
Date of Institution : 17.09.2019
Date of Decision : 15.09.2021
Nishan Singh son of Gurshinder Singh resident of Ward No 11, Baba Jiwan Singh Nagar, Patti, Tehsil Patti, District Tarn Taran
…..Complainant
Versus
- Europe Study Centre at office 431-L, Rasia Complex Model Town, Ludhiana through its Manager/ authorized officer (withdrawn by counsel for the complainant on 20.1.2020)
- Europe Study Centre Office at SCO 28, Taneja Tower, 5th Floor, Ranjit Avenue, Block-B Amritsar, through is authorized officer
- Baljit Kaur manager Europe Study Centre Office at SCO 28, Taneja Tower, 5th Floor, Ranjit Avenue, Block-B Amritsar,
- Ramanpreet Kaur consultant Europe Study Centre Office at SCO 28, Taneja Tower, 5th Floor, Ranjit Avenue, Block-B Amritsar.
…Opposite Parties
Complaint Under Section 11, 12 and 13 of the Consumer Protection Act.
Quorum: Sh. Charanjit Singh, President
Sh. Jatinder Singh Pannu Member
For Complainant Sh. M.P. Arora Advocate
For Opposite Party No. 1 withdrawn vide order dated 20.1.2020
For Opposite Parties No. 2 to 4 Exparte.
ORDERS:
Charanjit Singh, President
1 The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 11, 12 and 13 against the opposite parties on the allegations that the Europe study centre i.e. opposite parties No. 1 and 2 are doing the business of sending the customers to Europe Countries on study visa. The opposite parties No. 3 and 4 are manager and consultant of the Europe study centre having office at Amritsar. The opposite party i.e. Europe Study Centre is carrying on business within the approximately all the districts of the Punjab and for this purpose, they have spread number of agents for running their business within the every district of the State of Punjab. The Europe Study Centre is having customers/ candidate from all the districts of the Punjab. The Europe Study Centre hereinafter to be referred as ‘the ESC’. The complainant is an Indian passport holder and is aspirant for going to Europe for study purpose as such he has contacted to ESC on mobile phone and enquired about the process for going to Europe for study purpose. The officials of the ESC have told that the ESC is doing business within all the districts of Punjab and the officials have obtained the address of the complainant. Thereafter the agents alongwith Opposite party No. 4 i.e. consultant of the ESC has approached the complainant at his residence at Patti and offered him various courses for sending him to Europe on the basis of study visa. The complainant has inquired about the process and expenses for going to Europe country i.e. Latvia for study purpose. The opposite party No. 4 had told the complainant that total fee of Rs. 11,500/- is required to be paid to the ESC for sending the complainant to abroad, which is non-refundable. The consultant had further told that other total expenses i.e. fee of the educational institute/ university of Latvia, the expenses of apostle services i.e. medical insurance etc. for sending the complainant to Europe will be of Rs. 3,60,000/- and the complainant has to deposit the above said amounts with the ESC and except the above said amount the complainant has to pay nothing. The consultant has further assured the complainant that the complainant will definitely be sent to abroad and in this regard complete procedure and all other formalities will be done by the ESC. The complainant was attracted to the offers made by the consultant of the ESC and he got agreed to go to Europe country i.e. Latvia through ESC. On 2.9.2017, the complainant has deposited fee of Rs. 11,500/- to ESC at the instruction of the opposite parties No. 3 and 4 and the opposite parties started the process of completing all the formalities for sending the complainant to Europe. In the month of December, 2017 the opposite parties No. 3 and 4 told the complainant that all the formalities have been completed and all the paper work is ready to send the complainant to Europe country i.e. Latvia and the ESC has to deposit the fee at educational institute/ university at Latvia for the complainant’s study course as such the complainant has to deposit the other expenses of Rs. 3,60,000/- with the ESC so that the ESC could complete all other formalities and the opposite parties had further told that they have applied for admission of the complainant at university i.e. Transporta Unsakaru Institute at Latvia hereinafter to be referred as “the USI” and the opposite parties had handed over a conditional admission letter dated 8.12.2017 to the complainant. As such at the instructions of the opposite party Nos. 3 and 4, the complainant has deposited Rs. 3,60,000/- i.e. fee of university, the expenses of apostle services i.e. medical insurance etc. with the bank account ESC in the name of AY Travels. Thereafter the complainant has waited for some days and inquired from the opposite parties No. 3 and 4 that when all the formalities are completed then why he could not go to Europe country i.e. Latvia and the opposite parties had told the complainant that the ESC got confirmed the admission of complainant at the TSI by paying all the entire fee, expenses etc. and had further assured the complainant that he will soon receive final/ invitation letter from TSI and thereafter he will be sent to Latvia. After waiting for some months, the complainant has again enquired from opposite parties with regard to time for sending him to Europe for study purpose and the opposite parties had told that they have not received final/ invitation letter of the complainant from the concerned educational institute i.e. TSI and the opposite parties have again assured the complainant that they will manage to get the final/invitation letter very soon and thereafter they will sent to Latvia very soon. At this time also the ESC has again handed over another conditional admission letter to the complainant. Thereafter, after waiting for some months, on 12.9.2018, the complainant had sent an e-mail to TSI for enquiring about the status of his final/ invitation letter and the complainant got astonished to receive a reply from TSI, whereby TSI has stated that “You have paid only registration fee. We have left a comment in admission system to your agent-we asked will you applied or not” the complainant had immediately contacted the ESC and asked them about the deficiency in services committed on their part and further enquired that why the ESC has not deposited the full fee with the TSI. The opposite parties No. 3 and 4 had started to make lame excuses and had further told the complainant that they are doing their work properly and he had to enquire again from TSI with regard to fee etc. As such on 14.9.2018, the complainant had again sent an e-mail to TSI and asked about the status of his final/invitation letter and the TSI had replied that “kindly contact your agent immediately. You have only paid the registration fee of Euro 200/- and received the AIC approval in January 2018. You were to pay tuition fee and move further for the unconditional letter and invitation. You have not paid or sent the signed agreements”. The complainant felt embarrassment due to the fact that ESC had not deposited the full fee with the TSI even after passing of some months from the date of receiving the money from the complainant. The complainant has approached and asked the opposite parties No. 3 and 4 about the un-businesslike conduct of the ESC and has further told that ESC had wasted his approximately one year of life by lingering on the matter at its fault for sending him to Europe and further told the opposite parties No. 3 and 4 that it is a very unfair services on their part as they have not deposited the fee to TSI on time due to which the TSI has not sent the final invitation letter to the complainant and the complainant could not go to Latvia for study. The complainant has asked about the proof of depositing the total fee at TSI and the opposite parties No. 3 and 4 have handed over a statement to the complainant and the complainant was surprised to see that his paper are being prepared to send him to Latvia and on the other hand, the amount was deposited in the account of someone at Germany. When the complainant asked about the same, the opposite parties have told to deposit the fee to concerned educational institute. At this time, the complainant felt very bad and he had warned them that he will file a case against the ESC if his grievance is not redressed. Thereafter the ECS had again given an admission letter dated 11.10.2018 to complainant and state forward send him to the embassy for interview purpose without preparing all the required documents and further without obtaining final invitation letter from the TSI. However, at the instructions of O.P No. 3 & 4, the complainant had attended the interview but his file was got rejected by the embassy due incomplete formalities and further due to reason that he does not have final invitation letter from the TSI i.e. concerned educational institute. The complainant had lodged a complaint with the ESC that his file was got rejected due to fault on the part of the ESC as they have sent him to embassy in very hurry without adopting the due process and further requested to them kindly to return all the money deposited by him with the ESC and further requested to compensate him as the ESC had physically and mentally harassed the complainant and further the ESC had spoiled one and half year of the life of the complainant which was very important for his study and occupation etc. Later on ESC had returned Rs. 2,85,000/- to the complainant. the complainant further requested the ESC to return his remaining money and also compensate him for above losses but the opposite parties No. 1 to 4 have not listen to the genuine request of the complainant. ESC has used the money of the complainant in an unfair manner and further had not deposited the money with the TSI in time and further physically and mentally harassed the complainant on various occasions and further had not obtained the final invitation letter from the educational institute i.e. TSI and further had not prepared all the required document while sending the complainant to embassy as such all the above said conduct of the ESC is a higher degree of deficiency in services and further is un-businesslike conduct. In the month of August 2018, the opposite parties No. 3 and 4 had told the complainant that he has to open an bank account with the with the Axis Bank at Ludhiana which is required for his admission to university and the complainant has opened the account at Ludhiana but the said account had never been used by the ESC for any purpose which is also physically and mental harassment to the complainant. The opposite parties No. 3 and 4 on behalf of ESC have taken some money from the complainant on the pretext that they have to prepare some documents of the complainant which is a necessary document for sending him to Europe and thereafter they had prepared a fabricated experience certificate dated 3 July 2018 and thereby again harassed the complainant. The complainant has prayed that the opposite party may please be directed to pass an order directing the opposite parties to return back the amount of Rs. 75,000/- to the complainant. The complainant as also prayed Rs. 1,00,000/- as compensation and Rs. 20,000/- as litigation expenses. The complainant has placed on record his affidavit Ex. C-1, self attested copy of payment receipt Ex. C-2, Self attested copy of conditional admission letter dated 1.12.2017 Ex. C-3, self attested copy of estimate expenses Ex. C-4, self attested copy of Bank transfer Ex. C-5, Self attested copy of Bank Passbook Ex. C-6, Self attested copy of conditional admission letter dated 28.5.2018 Ex. C-7, Self attested copies of email and reply Ex. C-8 to Ex. C-11, Self attested copy of admission letter dated 11.10.2018 Ex. C-12, self attested copies of invoice Ex. C-13 to Ex. C-15, Self attested copy of application Ex. C-16, Self attested copy of undertaking Ex. C-17, Self attested copy of refusal of Embassy Ex. C-18, Self attested copy of refund form Ex. C-19, Self attested copy of estimate Ex. C20, Self attested copy of certificate Ex. C-21, Self attested copies of statements Ex. C-22, 23, self attested copy of document of Axis Bank Ex. C-24.
2 Notice of this complaint was sent to the opposite parties but no one appeared on behalf of opposite parties No. 2 to 4 and consequently, the opposite parties No. 2 to 4 were proceeded against exparte vide order dated 22.10.2019.
3 The complaint has been withdrawn against the opposite party No. 1 vide order dated 20.1.2020.
4 We have heard the Ld. counsel for complainant and have also carefully gone through the documents on the file.
5 The complainant has produced on record his affidavit and declared that opposite parties No. 1 and 2 are doing the business of sending the customers to Europe Countries on study visa. The opposite party i.e. Europe Study Centre is carrying on business within the approximately all the districts of the Punjab. The Europe Study Centre hereinafter to be referred as ‘the ESC’. The complainant further declared that the complainant is an Indian passport holder and is aspirant for going to Europe for study purpose as such he has contacted to ESC on mobile phone and enquired about the process for going to Europe for study purpose. The officials of the ESC have told that the ESC is doing business within all the districts of Punjab and the officials have obtained the address of the complainant. Thereafter, the agents alongwith Opposite party No. 4 has approached the complainant at his residence at Patti and offered him various courses for sending him to Europe on the basis of study visa. The complainant has inquired about the process and expenses for going to European Country i.e. Latvia for study purpose. The opposite party No. 4 had told the complainant that total fee of Rs. 11,500/- is required to be paid to the ESC for sending the complainant to abroad, which is non-refundable. The consultant had further told that other total expenses i.e. fee of the educational institute/ university of Latvia, the expenses of apostle services i.e. medical insurance etc. for sending the complainant to Europe will be of Rs. 3,60,000/- and the complainant has to deposit the above said amounts with the ESC and except the above said amounts the complainant has to pay nothing. The consultant has further assured the complainant that the complainant will definitely be sent to abroad and in this regard complete procedure and all other formalities will be done by the ESC. The complainant was attracted to the offers made by the consultant of the ESC and the complainant agreed to go to European country i.e. Latvia through ESC. On 2.9.2017, vide receipt Ex. C-2 the complainant has deposited fee of Rs. 11,500/- to ESC at the instruction of the opposite parties No. 3 and 4 and the opposite parties have started the process of completing all the formalities for sending the complainant to Europe.. In the month of December, 2017 the opposite parties No. 3 and 4 told the complainant that all the formalities have been completed and all the paper work is ready to send the complainant at Latvia and the ESC has to deposit the fee at educational institute/ university at Latvia for the complainant’s study course as such the complainant has to deposit the other expenses of Rs. 3,60,000/- with the ESC so that the ESC could complete all other formalities and the opposite parties had further told that they have applied for admission of the complainant at university i.e. Transporta Unsakaru Institute at Latvia hereinafter to be referred as “the USI” and the opposite parties had handed over a conditional admission letter dated 8.12.2017 to the complainant. The conditional admission letter dated 8.12.2017 is Ex. C-3. Estimate expenses given by the opposite party is Ex. C-4. As such, at the instructions of the opposite party Nos. 3 and 4, the complainant has deposited Rs. 3,60,000/- i.e. fee of university, the expenses of apostle services i.e. medical insurance etc. with the bank account ESC in the name of AY Travels. Copy of bank transfer is Ex. C5 and copy of Bank passbook is Ex. C-6. Self attested copy of conditional admission letter dated 28.5.2018 is Ex. C-7. Thereafter the complainant has waited for some days and inquired from the opposite parties No. 3 and 4 that when all the formalities are completed and then why he could not go to Latvia and then the opposite parties had told the complainant that the ESC got confirmed the admission of complainant at the TSI by paying all the entire fee, expenses etc. and had further assured the complainant that he will soon receive final/ invitation letter from TSI and thereafter he will be sent to Latvia. After waiting for some months, the complainant again enquired from opposite parties with regard to time for sending him to Europe for study purpose and the opposite parties had told that they have not received final/ invitation letter of the complainant from the concerned educational institute i.e. TSI and the opposite parties have again assured the complainant that they will manage to get the final/invitation letter very soon and thereafter they will sent to abroad very soon. At this time also the ESC has again handed over another conditional admission letter to the complainant. Thereafter, after waiting for few some months, on 12.9.2018, the complainant had sent an e-mail to TSI for enquiring about the status of his final/ invitation letter and the complainant got astonished to receive a reply from TSI, whereby TSI has stated that “You have paid only registration fee. We have left a comment in admission system to your agent-we asked will you applied or not” the complainant had immediately contacted the ESC and asked them about the deficiency in services committed on their part and further enquired that why the ESC has not deposited the full fee with the TSI. The email and reply are Ex. C-7 to Ex. C-11. The opposite parties No. 3 and 4 had started to make lame excuses and had further told the complainant that they are doing their work properly thereafter he again enquired from TSI with regard to fee etc. As such on 14.9.2018, the complainant had again sent an e-mail to TSI and asked about the status of his final/invitation letter and the TSI had replied that “kindly contact your agent immediately. You have only paid the registration fee of Euro 200/- and received the AIC approval in January 2018. You to pay tuition fee and to move further for the unconditional letter and invitation. You have not paid or sent the signed agreements”. The complainant felt embarrassment due to the fact that ESC had not deposited the full fee with the TSI even after passing of some months from the date of receiving the money from the complainant. The complainant has approached and asked the opposite parties No. 3 and 4 about the un-businesslike conduct of the ESC and has further told that ESC had wasted his approximately one year of life by lingering on the matter at its fault for sending him to Europe and further told the opposite parties No. 3 and 4 that it is a very unfair services on their part as they have not deposited the fee to TSI on time due to which the TSI has not sent the final invitation letter to the complainant and the complainant could not go to Latvia for study purpose. The complainant has asked about the proof of depositing the total fee at TSI and the opposite parties No. 3 and 4 have handed over a statement to the complainant and the complainant again got surprised to see that his paper are being prepared to send him to Latvia and on the other hand, the amount was deposited in the account of someone else at Germany. When the complainant asked about the same, the opposite parties have told to deposit the fee to concerned educational institute. At this time, the complainant felt very bad and he had warned them that he will file a case against the ESC if his grievance is not redressed. Thereafter the ECS had again given an admission letter dated 11.10.2018 Ex. C-12 to complainant and state forward send him to the embassy for interview purpose without preparing all the required documents and further without obtaining final invitation letter from the TSI. However, at the instructions of O.P No. 3 & 4, the complainant had attended the interview but his file was got rejected by the embassy due to non full filling of the other formalities vide Ex. C-18 and further due to reason that he does not have final invitation letter from the TSI i.e. concerned educational institute. The complainant had lodged a complaint with the ESC that his file was got rejected due to fault on the part of the ESC as they have sent him to embassy in very hurry without adopting the due process and further requested to them kindly to return all the money deposited by him with the ESC and further requested to compensate him as the ESC had physically and mentally harassed the complainant and further the ESC had spoiled one and half year of the life of the complainant which was very important for his study and occupation etc. Later on ESC had returned Rs. 2,85,000/- to the complainant. The complainant further requested the ESC to return his remaining money and also compensate him for above losses but the opposite parties No. 1 to 4 have not listen to the genuine request of the complainant. ESC has used the money of the complainant in an unfair manner and further had not deposited the money with the TSI in time and further physically and mentally harassed the complainant on various occasions and further had not obtained the final invitation letter from the educational institute i.e. TSI and further had not got prepared all the required document while sending the complainant to embassy as such all the above said conduct of the ESC is a higher degree of deficiency in services and further is un-businesslike conduct. In the month of August 2018, the opposite parties No. 3 and 4 had told the complainant that he has to open an bank account with the Axis Bank at Ludhiana which is required for his admission to university and the complainant has opened the account by going to Ludhiana but the said account had never been used by the ESC for any purpose which is also physically and mental harassment to the complainant. The opposite parties No. 3 and 4 on behalf of ESC have taken some money from the complainant on the pretext that they have to prepare some documents of the complainant which is a necessary document for sending him to Europe and thereafter they had prepared a fabricated experience certificate dated 3 July 2018 and thereby again harassed the complainant.
6 The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Parties No. 2 to 4 are proceeded against exparte in the present complaint and complaint against the opposite party No. 1 has been withdrawn by the complainant and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Parties No. 2 to 4 and opposite parties No. 2 to 4 did not appear in the Commission in order to contest the complaint which shows that they have nothing to say upon the allegations leveled against them by the complainant. As such, the complainant is entitled to the relief claimed in the complaint and it stands established on record that the complainant is approaching the opposite parties several times but he opposite parties did not care to resolve the matter, not only committed deficiency in service, but also indulged in an unfair trade practice.
7 In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite Parties No. 2 to 4. The present complaint has been withdrawn against opposite party No. 1, hence the present complaint is dismissed against the opposite party No.1. The opposite parties No. 2 to 4 are directed to return back Rs. 75,000/- (Seventy Five thousand only) to the complainant. The complainant is also entitled to Rs.7,500/- ( Rs. Seven Thousand five hundred only) as compensation on account of harassment and mental agony and Rs 5,000/- ( Rs. Five Thousand only) as litigation expenses. Opposite Parties Nos. 2 to 4 are directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation. Copy of order be supplied to the parties free of costs as per rules. File be consigned to record room.
Announced in Open Commission.
15.09.2021
(Charanjit Singh)
President
(J.S. Pannu)
Member
