Punjab

Faridkot

CC/22/139

Amanpreet Kaur Chana - Complainant(s)

Versus

Help Overseas Immigration Pvt ltd - Opp.Party(s)

Pardeep Singh Atwa

26 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT

 

            Complaint No. :          139 of 2022

Date of Institution:       30.08.2022

Date of Decision :        26.04.2023

 

Amanpreet Kaur Chana aged about 29 years, daughter of Jagdev Singh resident of Anand Nagar, Street No. 6, Near Railway Crossing, Faridkot District Faridkot.

......Complainant

Versus

 

Help Overseas Immigration Pvt Ltd., Office No.207, 2^nd Floor, Pride Icon, Kharadi, Pune-411014 through its authorized signatory.

                                        ..........Opposite Party

 

Complaint under Section 35 of the

Consumer Protection Act, 2019.

 

Quorum:    Smt Priti Malhotra, President,

Smt Param Pal Kaur, Member,

Sh Vishav Kant Garg, Member.

 

Present:      Sh. Pardeep Atwal, Ld Counsel for complainant,    

                  OP Exparte.

* * * * * *

ORDER

(Priti Malhotra, President)

                            Complainant has filed the present complaint under Section 35 of the Consumer Protection Act, 2019 against Ops seeking directions to refund the amount of Rs.1,00,000/- alongwith interest and for further

“cc-no.139 of 2022”

directing them to pay Rs.50,000/- as compensation for mental agony and harassment besides litigation expenses of Rs.11,000/-.

2                                      Briefly stated, the case of the complainant is that on assurance of OP that they have good experience in sending people abroad, complainant paid Rs.1,00,000/-to OP through bank transactions for sending her to Canada. Before taking payment, OP did not confirm about 8.7.7.7 bands of IELTS requirement, but thereafter they sent advisory mails in this regard. When OP did not succeed in sending her abroad, complainant asked for refund of her amount of Rs. One lac. When complainant asked for user ID/password, for which they worked, OP denied to provide the same and asked her to give statement, that she would not pursue them in court. Complainant made several requests to OP to return her huge amount of one lac, but all in vain. All this  amounts to deficiency in service and trade mal practice on the part of OP and caused harassment and mental agony to him. Complainant has prayed for accepting the present complaint alongwith compensation and litigation expenses besides main relief. Hence, the instant complaint.

3                                                        The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 06.09.2022,

“cc-no.139 of 2022”

complaint was admitted and notice was ordered to be issued to the opposite party.

 4                                         Notice issued to Ops stands duly served through RC but despite service of summons, no body made presence in the Commission either in person or through counsel and therefore, after long waiting till 4.00 pm, when no one appeared on behalf of complainant on date fixed, then, vide order dated 02.11.2022, OP was proceeded against exparte.                 

5                                    The complainant tendered in evidence his affidavit Ex.C-1 and documents Ex C-2 to C-24 and then, closed the evidence.

6                                              As there is no rebuttal from Ops side, therefore, ld counsel for complainant advanced exparte arguments. Ld Counsel for complainant vehementally argued that on assurance of OPs that they would send her to Canada, she paid Rs.1,00,000/-to OP, but OP neither sent her abroad nor refunded her huge amount of Rs.100,000/-. Complainant made several requests to OP to refund her amount of Rs.1,00,000/- alongwith interest and to provide her user ID/password but OP did not do anything needful. All this amounts to deficiency in service for which he has prayed for compensation and litigation expenses besides the main relief.

“cc-no.139 of 2022”

7                                We have heard the ld Counsel for complainant and have also gone through the pleadings and evidence produced on record by complainant party. The case of the complainant is that she wanted to go abroad and for this purpose on assurance of OP, she paid them Rs.1,00,000/- as cost for sending her to Canada. It was agreed between parties that if OP failed to send her a broad, they would refund the entire amount of Rs.1,00,000/-to complainant. Complainant was not sent abroad by OP and therefore, he requested for refund of amount. Requests made by complainant to get refund of her amount turned futile, which amounts to deficiency in service and has caused mental agony and harassment to her. On the contrary, there is no reply or rebuttal from OP side.

8                                  Complainant has relied upon documents Ex C-3, C-5 and C-7 that are copies of payment receipts issued by OP to complainant in lieu of amount of Rs.1lac taken from complainant. From the correspondence exchanged between complainant and OP, it transpires that OP has neither sent her abroad nor made refund of any amount. The OP had sent an e-mail dated 10.03.2023 to the complainant that for the sake of convenience, is reproduced as below:

 

“cc-no.139 of 2022”

                “{I, Amanpreet Kaur Chana, hereby acknowledge that, I would like to close my case from Helpoverseas and my services from Company will be discontinued with effect from 16^th February, 2023. I agree that  Help Overseas will not be responsible for any further anything relating to my case. Also, no dues from Helpoverseas after this. I will be going with good terms and promise not to malign the reputation of the company Verbally or in writing. I will take consumer complaint back and will remove google review as well and for complaint, I will provide you with a certified copy of withdrawal}.

                   “Kindly note that once you acknowledge this mail, we will start your refund formalities from Helpoverseas and your case will be closed with immediate effect with no further dues and if you are unable to withdraw a consumer complaint (case no.: cc/22/139), then Helpoverseas is liable to stop all cheques on immediate basis and the company will proceed with legal action”.

  9                            Since from the above narrated portion of e-mail, it is revealed that Opposite Party is are ready to make payment of amount obtained from complainant, but it has unreasonably imposed restriction for withdrawing the present complaint, which in our considered opinion is not legal and justifiable and it amounts to unfair trade practice.

10                              Complainant has succeeded in proving her case and therefore, complaint in hand is hereby allowed. OP is hereby directed to refund the amount of Rs.1,00,000/-paid by complainant alongwith interest at the rate of 9% per anum from the date of payment till final realization and are also directed to provide her the password and user ID in question. Opposite Party is further directed to pay to pay Rs.5,000/- as compensation for mental agony and harassment suffered by complainant besides litigation expenses of Rs.3,000/-.

“cc-no.139 of 2022”

Compliance of this order be made within one month of receipt of the copy of the order failing which Opposite Party shall be burdened with additional cost of Rs.10,000/-to complainant. Copy of the order be supplied to parties free of cost. File be consigned to the record room. 

Announced in Commission

Dated : 26.04.2023

 

(Vishav Kantt Garg)       (Param Pal Kaur)          (Priti Malhotra)

Member                         Member                 President