DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.770 of 2016
Date of institution: 18.11.2016 Date of decision : 20.07.2017
Manmohan Singh son of Jagdish Ram resident of H.No.1/52, Railway Road, Nangal, District Ropar, Punjab 140124 presently residing at H.No.521, Type-2, Sector-2, Near Nangal, Tehsil Anandpur Sahib, District Ropar 140124 being the natural and legal guardian of his son namely Nikhil Chandel son of Manmohan Chandel.
….Complainant
Versus
Gaurav Talwar, Manager, Settling Abroad Services Pvt. Ltd., Study Visa, Tourist Visa, Business Visa & PR, SCF 35-36, Sital Shopping Complex, Level 2-3 Phase 3B2, Mohali 160059.
…..Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum
Shri Ajit Pal Singh Rajput, President
Mrs. Natasha Chopra, Member
Present: Shri Shubham Aggarwal, cl. for the complainant.
OP ex-parte.
ORDER
By Ajit Pal Singh Rajput, President.
Complainant Manmohan Singh has filed the present complaint against the Opposite Party (hereinafter referred to as the OP) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. The complainant approached the OP for sending his son Nikhil Chandel to Australia on study visa. The OP allured the complainant that it is best in sending persons abroad. The complainant visited the OP on 16.03.2016 who told that he is Manager of the OP Company and looks after the day to day affair of the company. The OP told the complainant that he has multiple schooling options in Australia and that he has recently sent number of students to Australia. He asked the complainant to pay Rs.23,000/- as application fee for Australia for enrolment with the OP Company. The complainant paid Rs.10,000/- in cash to the OP on 16.03.2016 and deposited the remaining amount of Rs.13,000/- in the bank account of the OP on 28.03.2016. On 16.03.2016 the OP demanded from the complainant original passport of his son, recommendation letter, 2 report cards etc. which the complainant submitted. The complainant was informed that he would get a confirmation call in a day or two with offer of admission from a school in Australia. On 21.05.2016 the complainant received a call from the OP that the OP has received a letter of offer and further informed that the son of the complainant got a place at Rose Hill Secondary College with course dates from 11.07.2016 to 18.12.2020 and the complainant was asked to collect the same from the office of the OP. The complainant came to the OP on 23.05.2016 for collecting the offer letter, but was shocked to see that the due date for depositing fee of AUD $ 10299 i.e. a sum of Rs.5,00,000/- approximately was 25.05.2016. The offer letter was received by the OP on 11.05.2016 and informed the complainant about it on 23.05.2016. However, the complainant arranged a sum of Rs.5,00,000/- from his brother in law and deposited the same with the OP on 25.05.2016 through bank transfer. After making payment, the complainant asked for Confirmation of Enrolment which was expected to be received within a week of making payment as promised by the OP. However, the OP started delaying the same by giving lame excuses. The complainant visited the OP and the representative of the OP informed the complainant that due to some technical fault, the son of the complainant could not be admitted in the present session and he will have to wait for the admission in next session. The complainant asked the OP to refund the amount paid by him but the OP requested the complainant to give them one more chance and promised to get his child admitted in a good school in Queensland but again the OP told the complainant that its agents have run away from Queensland and it would not be possible for them to perform any admission activity in Queensland. Due to negligence and deficiency in service on the part of the OP, one precious year of son of the complainant has been wasted which cannot be compensated or calculated in terms of money. The OP has admitted its flaws during the telephonic communication which has been recorded by the complainant. The complainant sent a legal notice on 26.10.2016 which was served thrice on the OP, however, the AD was returned as unclaimed. Hence this complaint for giving directions to the OP to refund to the complainant Rs.5,23,000/ alongwith interest @ 18% per annum from the date of receipt; to pay him Rs.2,00,000/- as compensation for mental harassment, loss of studies and agony and Rs.50,000/- as legal expenses.
3. The OP has refused to receive the notice sent by this Forum and in view of Section 28 A(3) of the Consumer Protection, the notice was presumed to be duly served. None having appeared for it, the OP was proceeded against ex-parte vide order dated 02.03.2017.
4. In order to prove the case, the counsel tendered in evidence affidavit of the complainant Ex.CW-1/1; copies of receipts Ex.C-1 to C-3; letter Ex.C-4; payment receipt Ex.C-5; offer letter Ex.C-6; legal notice Ex.C-7 and returned envelope Ex.C-8.
5. Learned counsel for the complainant has argued that on the assurance given by the OP, the complainant has paid Rs.5,23,000/- for sending his son to Australia on study visa. However, initially the OP informed that due to some technical fault, the son of the complainant could not be admitted in one session and promised to get the son of the complainant admitted in Queensland. However, there also his son could not be admitted as the OP informed that its agent have run away from the Queensland. Learned counsel for the complainant has argued that due to negligence of the OP, one precious year of study of son of the complainant has been lost. The learned counsel thus prayed for allowing the complaint.
6. We have gone through the pleadings, evidence and heard oral arguments of the counsel for the complainant. The complainant has proved on record documents Ex.C-2, C-3 and C-5 to show that he has made payment of Rs.5,23,000/- to the OP for the study visa his son to Australia. However, firstly the visa could not be got provided due to technical fault on the part of the OP and second the OP could not get provided the visa on the ground that its agents from Queensland have run away. The complainant had paid Rs.5,23,000/- to the OP for helping in getting the study visa for his son. However, the OP has failed to get the study visa for the son of the complainant. When the OP failed to get the study visa for the son of the complainant, then ultimately the complainant requested to the OP for refund of the amount. The OP has chosen not to appear and to contest the complaint as the OP has refused to receive the notice sent by this Forum. Non appearance of the OP despite knowledge amounts to admission of the averments of the complaint on its part which shows that the OP has nothing to say in this regard.
7. Accordingly, in view of our aforesaid discussions, the present complaint is allowed against the OP with the direction to refund to the complainant Rs.5,23,000/- (Rs. Five lakhs twenty three thousands) from the respective dates of payment of different amounts till actual payment. The OP should also pay to the complainant a lump sum compensation of Rs.25,000/- (Rs. Twenty five thousand only) for mental agony, harassment and costs of litigation.
The arguments on the complaint were heard and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 20.07.2017
(A.P.S.Rajput) President
(Mrs. Natasha Chopra)
Member
