DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.209 of 2017

                                             Date of institution:  17.03.2017                                             Date of decision   :  29.11.2018

Rajinder Kumar son of Dal Chand, resident of House No.1807, Second Floor, Phase V, SAS Nagar (Mohali) Punjab.

…….Complainant

Versus

1.     Mohammad Faiyazuddin, Excelanz Group, Secundera Bad, Hightech City, Road No.12, Banjara Hill, Telangana, Hyderabad, Andhra Pradesh 500061.

2.     Excelanz Group, Head Office at Opposite Jagan Nath Temple, Road No.12-11-1342/1, Beside Wesley, Church Wesley, Secundera Bad, Hightech City, Road No.12, Banjara Hill, Telangana, Hyderabad, Andhra Pradesh 500061.

3.     Australian High commission 1/50-G, Shanti Path, Chanakayapuri, New Delhi, India.

……..Opposite Parties

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Shri Samandeep Singh, counsel for complainant.

                OPs ex-parte.

Order by :-  Shri G.K. Dhir, President.

Order

                 Complainant was willing to apply for Australia visa and he applied for the same on 13.12.2016 through OP No.1, authorised agent of OP No.2. Correspondence was held by complainant with OP No.1 through e-mail. OP No.1 demanded Rs.5,000/- for starting process of assessment. Fee of Rs.80,000/- was demanded and complainant sent Rs.85,000/- to OP No.1 on 15.12.2016, despite the fact that he has already paid Rs.5,000/- on 14.12.2016 for starting process of assessment. On 16.12.2016 complainant sent notice to OPs for claiming that he is not satisfied with the services rendered by OPs under the agreement and as such OP No.1 agreed for refund of Rs.80,000/- on 17.12.2016. Rs.10,000/- were to be deducted as consultation fee. Despite reminders sent on 18.12.2016, 20.12.2016, 21.12.2016 and 22.12.2016, no amount has been returned by OPs to complainant and that is why this complaint for seeking refund of amount of Rs.80,000/- with interest @ 18% per annum from the date of payment namely 16.12.2016 till realisation. Compensation for mental harassment and agony of Rs.30,000/- and litigation expenses of Rs.30,000/- more claimed.

2.             OPs are ex-parte in this case.

3.             Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-14 and thereafter closed evidence.  

4.             Written arguments not submitted. Oral arguments heard and records gone through.

5.             After going through affidavit Ex.CW-1/1 of complainant alongwith publication material Ex.C-1 and e-mail Ex.C-2, it is made out that complainant agreed to pay Rs.80,000/- as fee for availing services of OP No.2 and that is why advance fee of Rs.5,000/- was agreed to be paid. Entire e-mail correspondence placed on record as Ex.C-2 to Ex.C-5 and SMSs Ex.C-6 to C-8 as well as receipt Ex.C-9 establishes that complainant paid Rs.85,000/- for preparation of his case for Australia PR visa and OP No.1 acknowledged having received this amount. However, desired services have not been rendered and that is why complainant opted for refund by way of termination of agreement as revealed by Ex.C-11 and Ex.C-12 and also as disclosed by SMS Ex.C-13 and email Ex.C-14. Despite assurance of refund of Rs.80,000/- through this correspondence by OP No.1, same amount has not been refunded, albeit complainant himself applied immediately after two days of sending amount to OP No.1, for cancellation of agreement. Thus despite assurance, amount has not been returned and as such certainly OP No.1 rendered deficient services by not fulfilling its promise. Assurance for refund was given on 18.12.2016 and as such entitlement of complainant for refund of Rs.80,000/- with interest @ 9% per annum remains w.e.f. 18.12.2016 till payment. As payment was received by OP No.1 and the entire correspondence entered into between complainant and OP No.1 and as such complaint against OP No.2 and 3 not maintainable, more so when they are not beneficiary or promisor and assured for rendering services to complainant. As complainant stood dragged in this litigation and had to suffer mental agony and harassment because of non fulfillment of promise by OP No.1 to refund assured amount of Rs.80,000/- after deducting charges of Rs.10,000/- out of the paid amount of Rs.90,000/- and as such complainant entitled for compensation for mental agony and harassment and of litigation expenses from OP No.1 only.

6.             As a sequel of above discussion, the complaint allowed against OP No.1 only with direction to him to refund amount of Rs.80,000/- (Rs. Eighty Thousand only) with interest @ 9% per annum w.e.f. 18.12.2016 till payment. Compensation for mental agony and harassment of Rs.10,000/- (Rs. Ten Thousand only) and litigation expenses of Rs.5,000/- (Rs. Five Thousand only) more allowed in favour of complainant and against  OP No.1. Complaint against OP No.2 and 3, however, is dismissed.  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 free of cost and thereafter the file be indexed and consigned to the record room.           

Announced

November 29, 2018.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member