Chandigarh

DF-I

CC/220/2023

DHEERAJ CHAWLA - Complainant(s)

Versus

FREEBIRD ABROAD CONSULTANTS - Opp.Party(s)

RAVI INDER SINGH KANG AND DHEERAJ CHAWALA

03 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

                                     

Consumer Complaint No.	:	CC/220/2023
Date of Institution	:	28/04/2023
Date of Decision	:	03/10/2023

1. Dheeraj Chawla aged about 30 yrs s/o Gulshan Chawla r/o 164, Chawla Colony, Manakpur Thakurdass, Near Railway Crossing Nalagarh Road, Pinjore, Tehsil Kalka, District Panchkula.
2. Ravi Inder Singh Kang aged about 30 yrs s/o Lakhvir Singh Kang r/o HL-184, Phase-1, SAS Nagar, Mohali.

… Complainants

V E R S U S

Freebird Abroad Consultants, Office No.104, First Floor, Sector 34-A, Chandigarh 160034, through its authorised signatory.

… Opposite Party

 

CORAM :	SHRI PAWANJIT SINGH	PRESIDENT
	MRS. SURJEET KAUR	MEMBER

 

                                                                               

ARGUED BY	:	Sh. Dheeraj Chawla, complainant No.1 in person.
	:	OP ex-parte.

 

Per Pawanjit Singh, President

1. The present consumer complaint has been filed by Dheeraj Chawla and another, complainants against the aforesaid opposite parties (hereinafter referred to as the OPs).  The brief facts of the case are as under :-

1. It transpires from the allegations as projected in the consumer complaint that the OP is a visa and immigration company based in Chandigarh and is in the field of said business for the last many years and has been claiming itself to be the best immigration and education consultant in Chandigarh.  In the month of May 2022, complainants approached the OP in connection with tourist visa and the OP assured about the same and the parties entered into agreement (Annexure C-1). The total package for processing the tourist visa for both the complainants was settled for ₹1,42,000/- including biometric fee, which would be paid by the complainants before visa as per clause 2 of the agreement.  It was also agreed upon between the parties that the registration fee i.e. ₹5,000/- for each applicant, will not be refunded, but, the rest of the amount of ₹55,000/- would be refunded in case they fail to provide the visa. Accordingly, in pursuance to the agreement, both the complainants deposited ₹10,000/- each with the OP for getting the sponsorship from Canada.  It was assured by the OP that if the sponsorship would not come within 7-10 days, the amount of ₹10,000/- would be refundable.  However, no such sponsorship was shown by the OP to the complainant.  Copy of the receipt is Annexure C-2.   Thereafter the entire fee was deposited by the complainants with the OP for tourist visa and the OP asked them to deposit 185 Canadian dollars each (approximately ₹22,570/-) for biometrics in the month of July 2022, which was refundable.  However, both the complainants were shocked to hear from the OP that the tourist visa has been refused. Thereafter, the complainants approached the OP for refund of the aforesaid amount as per the terms and conditions of the agreement, but, with no result.  In this manner, the OP have cheated both the complainants by collecting an amount of ₹1,20,000/- for processing of tourist file, ₹20,000/- for sponsorship and ₹22,570/- for biometrics and the OP is liable to refund the same alongwith interest.  The complainants also issued legal notice (Annexure C-4) to the OP, but, with no success. In this manner, the aforesaid act of the OP amounts to deficiency in service and unfair trade practice on its part. OP was requested several times to admit the claim, but, with no result.  Hence, the present consumer complaint.
2. OP did not turn up before this Commission, despite proper service, hence it was proceeded against ex-parte vide order dated 28.6.2023.

2. In order to prove their case, complainants have tendered/proved their evidence by way of affidavit and supporting documents.
3. We have heard the complainant No.1 in person and also gone through the file carefully.
   1. At the very outset, it may be observed that when it is an admitted case of the complainants that both the complainants had approached the OP for sponsoring them for providing tourist visa for Canada for which they had paid an amount of ₹60,000/- each as processing of tourist file, ₹20,000/- as sponsorship fee and ₹22,570/- for biometric and in addition to that they had also paid an amount of ₹10,000/- as registration charges and since the OP has failed to provide the said sponsorship in terms of the agreement (Annexure C-1), the said act amounts to deficiency in service and unfair trade practice and the complainants are entitled to the reliefs prayed for in the consumer complaint.
   2. In order to prove their case, complainants have examined/proved Annexure C-1 which clearly proves that separate agreements (at page 8 & 9) were executed between complainants and the OP and the recitals in the same clearly indicate that the complainants had paid an amount of ₹5,000/- each as registration charges and in addition to that had paid an amount of ₹60,000/- each as processing of tourist files.  Annexure C-2 is the payment receipt which indicates that total amount of ₹10,000/- on account of registration charges was acknowledged by the OP from the complainants. Thus, one thing is clear from the aforesaid documents that, in fact, both the complainants had paid only ₹1,30,000/- i.e. ₹65,000/- each (₹60,000/- as processing of tourist file and ₹5,000/- as registration charges) to the OP and the complainants have failed to prove on record that except the aforesaid amounts, any other amount was paid by them to the OP. 
   3. As it has come on record that that the OP has failed to comply with the terms and conditions of the agreement (Annexure C-1) and has failed to refund the aforesaid amount despite of repeated requests of the complainants, to our mind both the complainants are entitled to the refund of the amount of ₹60,000/- each paid by them to the OP as processing of tourist file whereas they are not entitled for refund of the registration fee of ₹5,000/- as has been agreed through the agreement, and the said act clearly amounts to deficiency in service and unfair trade practice on the part of the OP who has failed to even intimate the complainants about the status of the sponsorship/visa which was to be provided to them, and the entire evidence led by the complainants is unrebutted by the OP.
   4. In view of the aforesaid discussion, it is safe to hold that the complainants have successfully proved the cause of action set up in the consumer complaint and the present consumer complaint deserves to succeed.
4. In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is hereby partly allowed and OP is directed as under :-

1. to pay ₹1,20,000/- to the complainants (i.e. ₹60,000/- each) alongwith interest @ 9% per annum from the date of institution of the present consumer complaint i.e. 28.4.2023 onwards.
2. to pay an amount of ₹10,000/- to the complainants as compensation for causing mental agony and harassment to them;
3. to pay ₹10,000/- to the complainants as costs of litigation.

5. This order be complied with by the OP within thirty days from the date of receipt of its certified copy, failing which, the payable amounts, mentioned at Sr.No.(i) & (ii) above, shall carry interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
6. Pending miscellaneous application(s), if any, also stands disposed of accordingly.
7. Certified copies of this order be sent to the parties free of charge. The file be consigned.

Announced 03/10/2023 hg			Sd/- [Pawanjit Singh] President
			Sd/- [Surjeet Kaur] Member