Punjab

Rupnagar

CC/21/42

Gurchain Singh - Complainant(s)

Versus

Jasmeet Singh Bhatia - Opp.Party(s)

Sh. Manish Kumar Dhingra

18 Jan 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION ROPAR

                                                Consumer Complaint No.42 of 2021

                                                Date of institution: 27.05.2021

                                                Date of Decision: 18.01.2022

 

Gurchain Singh, aged about 50years son of Jeet Singh, resident of Village Dadhi PO Gardley Tehsil Sri Anandpur Sahib, District Rupnagar  

…….Complainant

Versus

Jasmeet Singh Bhatia c/o Landmark Immigration Consultants Private Limited, office at Sector 41-D, Chandigarh (UT)  

                                                      ……..Opposite Parties

 

Complaint under Consumer Protection Act.

 

Quorum:   Shri Ranjit Singh, President.

                        Smt. Ranvir Kaur, Member

 

Present:     Sh. Manish Kumar Dhingra, Adv. counsel for complainant

O.Ps. ex-parte.

               
 

Order dictated by :-  Shri Ranjit Singh, President  

 

Order

The present order of ours will dispose of the above complaint filed under Consumer Protection Act, by the complainant against the Opposite Parties on the ground that OP running the business of Immigration consultancy service under the name and style of landmark immigration consultants private limited office at Sector 41-D, Chandigarh. The complainant was willing to send his son Harshdeep Singh to Canada for higher studies and complainant approached to OP for that purpose. OP advised him that they done all the necessary formalities for sending his son Harshdeep Singh to Canada for higher studies. On 04.12.2019, the OP handed over Visa to Harshdeep Singh to the complainant and asked him to give an amount of Rs.80,500/- for purchase of air ticket for Canada and complainant given Rs.10,500/- in cash on the same day and on 5.12.2019, the complainant had transferred Rs.70,000/- through NEFT from his account to account No.50200031609080 provided by the OP.  Thereafter, the OP have provided the air ticket to him but lateron it got cancelled by the complainant due to some reason. After that the OP asked to him to pay another of Rs.27,000/- for purchase of new air ticket and complainant had paid the said amount to the OP. It is further stated that OP had provided new ticket for Canada and departure date of flight is Saturday 18.04.2020 but due to the pandemic COVID 19 the lockdown was imposed for the period of three months starts from 22.3.2020 and all the flights are stopped. In the month of September 2020, the complainant approached to OP and requested him either to provide air ticket for Canada or refund the amount of Rs.80,500/- and OP assured him that an amount of air ticket of Rs.80,500/- will be refunded to him shortly. But after repeated request of the complainant, the OP has failed to refund the said amount. Thus, alleging deficiency in service on the part of OP. for the said act and conduct, the complainant has sought the following relief:-

1. Refund Rs.80,500/- along with interest @ 18% per annum 
2. To pay Rs.50,000/- as compensation and litigation charges on account of physical and harassment.

2.            On being put to the notice, none appeared on behalf of O.P.  Accordingly, the OOP was proceeded against ex-parte vide order dated 22.10.2021

3.          We have heard the learned counsel for the complainant and have gone through the record file, carefully and minutely.

4.          Since, all the allegations of the complainant are un-rebutted, un-challenged and no one has come forward to contest the claim of the complainant. We have no alternative except to appreciate the complaint as well as the evidence of the complainant, which appears to be cogent, reliable and trustworthy. It is on the file that the complainant had paid Rs.70,000/- through NEFT to the OP for purchase of Air Ticket for Canada but due to COVID-19, lockdown was imposed and the complainant got cancelled his flight.  The complainant has claimed that he is entitled to refund the amount paid by him to the OP at the time of purchasing the air ticket for Canada. It is writ-large on the file that the OP has failed to refund the amount paid by the complainant for air ticket, which we feel is definitely a deficiency in services on the part of the O.P.

5.               It is important to mention here that the complainant is being aggrieved by the non processing of the refund for the cancellation of the confirmed flight booking for the flight to Canada due to Covid-19 Pandemic, so the OP is liable to refund the amount paid by the complainant at the time of purchasing the air ticket. Since the OP has chosen to remain ex-parte and otherwise the evidence of the complainant appears to be cogent, reliable and trustworthy. It is, proved on the file that the after cancellation of the flight, the OP failed to refund the amount to the complainant. 

6.        It is pertinent to mention here that the Consumer Protection Act, 2019, is benevolent legislation enacted to help the consumers, which are being regularly harassed by the unscrupulous traders. We feel that the very purpose of the Consumer Protection Act, 2019, will fail if such types of traders are not brought to book and asked to pay compensation.

7.               No doubt, the complainant felt harassed with this act of the OP. So we are of the opinion that complainant is entitled to refund of the price of the ticket. The complainant is also entitled to compensation for the harassment suffered in the hands of the OP. We feel, that the O.P. had no cogent, reliable or any trustworthy reason to delay the refund of the air ticket amount to the complainant

8.               The present Act envisages provisions for product liability action on account of harm caused to consumers due to a defective product or policy or by deficiency in service.

9.               In view of the discussion made above, the present complaint is allowed. Accordingly, it is ordered that the all the O.P will refund of Rs.70,000/- along with interest @ 7.5% per annum from the date of receiving the amount. Further, the O.P is burdened to pay an amount of compensation to the tune of Rs.10,000/- to the CC. Further, the OP is also directed to pay Rs.5000/- as litigation expenses. The OP is further directed to comply with the above said order within a period of 30 days from the date of receiving of certified copy of this order. Free certified copies of this order be sent to the parties, as per rules. The files be consigned to record room.

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January 18 2022

(Ranjit Singh)

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(Ranvir Kaur)

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