BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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Abroad Possibilities, its office is situated at 1^st Floor, Adjoining JTPL City, Opposite Shiwalik City, Sector 115, Mohali, Kharar-Landaran Road, Pin Code 140301 through its authorized signatory Sh.Parveen Kumar.

…..Complainant

                                      V E R S U S

1]      Healthyway Immigration Consultants Private Limited, its Registered Office at SCO No.49-51, Sector 42-C, Chandigarh, through its Director Amit Kakkar.

2]      Amit Kakkar, Director of Healthyway Immigration Consultants Private Limited, its Registered Office at SCO No.49-51, Sector 42-C, Chandigarh, 

……Opposite Parties

CORAM:     SH.P.D.GOEL                                             PRESIDENT

                   DR.(MRS) MADANJIT KAUR SAHOTA      MEMBER

Argued by: Sh.Baldev K.Behl, Counsel for complainant.

                        OPs already exparte.       

PER P.D. GOEL, PRESIDENT

1.                 Briefly stated, the facts of the case are that the complainant took the Franchisee from OPs for self employment to earn his livelihood and agreement dated 18.11.2010 was executed between the parties. The complainant paid sum of Rs.1 lac being one time payment as franchisee fee through cheque No.658886 dated 18.11.2010 to the OPs.

                    It is case of the complainant that as per the terms and conditions of the Franchise Agreement, Franchisor - OPs was to provide the services to Franchisee-complainant such as Trade Mark, symbol or logo of the Franchisor on any stationary, letterhead, document, name plate, furniture representation, authorized anyone to make use of the ‘Proprietary Marks’, provide stationery, display material of any kind, sales literature, brochures and all other items of similar nature but till date, the OPs neither provided any aforesaid services nor appointed any person to make use of the ‘Proprietary Marks’. The complainant regularly reminded to the OPs to provide the services and supply all the material as per the agreement, but all in vain. Hence, this complaint.

2.                OPs did not appear despite due service as such they were proceeded against exparte vide order dated 1.3.2012.

3.                The complainant led evidence in support of his contentions.

4.                We have heard the learned Counsel for the complainant and have also perused the record.

5.                The averments made in the complaint, as reproduced above in para No.1 of the order, stands corroborated from the affidavit of Sh.Parveen Kumar, authorized signatory of the Abroad Possibilities - complainant, as well as the Exhibits C-1 to C-2.  Exhibit C-1 is the copy of Franchise Agreement, which was executed between the parties on 18.11.2010.  Exhibit C-2 is the copy of receipt dated 18.11.2010. From this document, it is proved that the complainant paid a sum of Rs.1 lac vide cheque No.658886 to the OPs for consultation charges for franchisee.

6.                Otherwise also, the allegations made in the complaint have gone un-rebutted and un-controverted as nobody appeared on behalf of the OPs to contest the case. Non-providing the services as per the agreement, despite repeated requests of the complainant amounts to deficiency in service on the part of the OPs. 

7.                As a result of the above discussion, the complaint is exparte allowed and the OPs are directed to refund the amount of Rs.1 lac deposited by the complainant along with interest @ 12% p.a. from the date of deposit, till its realization, besides Rs.5,000/- as costs of litigation, within one month from the date of receipt of certified copy of the order.

8.                Certified copies of this order be sent to the parties free of charge. The file be consigned.