DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Ramanjit Kaur d/o S.Tarlochan Singh, R/o Village Sill, Tehsil Kharar, District Ajitgarh (Mohali).

              ---Complainant

Vs.

Healthyway Immigration Consultant Pvt. Ltd., SCO No. 46, Sector 42-C, Chandigarh.

---- Opposite Party

BEFORE:   MRS.MADHU MUTNEJA            PRESIDING MEMBER

SH. JASWINDER SINGH SIDHU    MEMBER

Argued By:    Ms. Jaspreet Kaur Somal, Counsel for Complainant.

              Opposite Party ex-parte.

PER MADHU MUTNEJA, PRESIDING MEMBER

1.          Pursuant to an advertisement published on behalf of the Opposite Party in the leading local newspaper, the Complainant approached the Opposite Party for arrangement of a student visa to Australia. The Opposite Party had demanded original certificates of educational qualifications to confirm the eligibility conditions. All documents were produced before the Opposite Party. After scrutinizing the documents the Opposite Party had entered into an agreement of arrangement of student visa to Australia with the Complainant on 15.03.2010 against the consideration amount of Rs.25,000/- as retainer fee and University registration fee. The remaining payment of Rs.23,000/- was to be paid after getting the visa or visa approval (Receipt Annexure C-1). The Complainant also paid Rs.5,000/- each as visa charges and medical charges. She also handed over her passport to the Opposite Party. Thereafter, the Complainant started visiting the office of Opposite Party regularly after every 15 days as they had assured that visa will be stamped within one month or two either in the present semester or next semester. The Complainant has alleged that two academic years were wasted in the process of her unlimited visits to the office of the Opposite Party. The Complainant called upon the Opposite Party vide registered notice (Annexure C-3) for amicable settlement, but in vain. The Complainant has thus filed the present complaint, with a prayer for refund of Rs.25,000/- including visa fee of Rs.5,000/-, medical charges of Rs.5,000/-, along with interest, compensation, besides traveling expenses.   

2.          Notice of the complaint was sent to Opposite Party seeking its version of the case.

3.          Despite service, nobody has appeared on behalf of Opposite Party, therefore, it was proceeded against exparte on 01.05.2013.

4.          Complainant led evidence in support of her contentions.

5.          We have heard the learned counsel for the Complainant and have perused the record, along with the written arguments filed on behalf of the Complainant.

6.          The allegations of the Complainant are that the Opposite Party has failed to arrange a student visa for Australia for her despite entering into an agreement on 15.03.2010. The Complainant has paid a sum of Rs.25,000/- as retainer fee, Rs.5,000/- as visa charges and Rs.5,000/- as medical charges. As the Opposite Party has been unable to provide the services agreed to be provided to the Complainant, the Complainant has preferred the present complaint. Also as the Opposite Party has not appeared before this Forum, the version of the Complainant has gone unrebutted.

7.          Keeping in view the foregoings, we allow the present complaint and direct the Opposite Party to refund the amount of Rs.35,000/- received by it from the Complainant towards retainer fee, university registration fee, visa charges and medical charges, as the Opposite Party has failed to provide the services for which the amount has been received. Opposite Party shall also pay Rs.10,000/- to the Complainant towards compensation for mental agony and harassment. No costs.

8.          This order be complied with by the Opposite Party within 45 days from the date of receipt of its certified copy, failing which, Opposite Party shall be liable to refund the amount of Rs.35,000/- to the complainant along with interest @ 9% p.a. from the date of filing of the present complaint, till its realization, besides the compensation of Rs.10,000/-.

9.          The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

31^st May, 2013                            

Sd/-

(MADHU MUTNEJA)

PRESIDING MEMBER

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER