Chandigarh

DF-II

CC/640/2018

Komalpreet Kaur - Complainant(s)

Versus

Jyoti Thakur Managing Director of HCFS Immigration Pvt. Ltd. - Opp.Party(s)

Davinder Singh Adv. & Ranjeet Singh Adv.

08 Jul 2019

ORDER

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

======

Consumer Complaint  No	:	640 of 2018
Date  of  Institution	:	14.11.2018
Date   of   Decision	:	08.07.2019

 

 

 

 

1]  Komalpreet Kaur, 21 years w/o Jobanjit Singh, r/o Village Hassanpur Kalan, Ball, Gurdaspur.

2]  Jobanjit Singh, aged 26 years, s/o Sh.Gurmukh Singh, R/o Village Hassanpur Kalan, Ball, Gurdaspur.

                     ……..Complainants

 

Versus

 

1]  Jyoti Thakur, Managing Director of HCFS Immigration Pvt. Ltd., SCO 146-147-148, Level II, Sector 43-B, Chandigarh.

 

    2^nd Address: House No.144-B, Sector 37-B, Chandigarh.

 

2]  HCFS Immigration Pvt. Ltd., SCO 146-147-148, Level-II, Sector 43-B, Chandigarh.    

 

………. Opposite Parties

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING MEMBER

         SH.RAVINDER SINGH     MEMBER

 

 

For Complainant :     Sh.Davinder Singh, Adv. for complainants.

For OP(s)         :      Opposite Parties exparte.

 

 

PER PRITI MALHOTRA, PRESIDING MEMBER

 

                                The case of the complainants, in brief is that, they visited the OPs for spouse visa, but the OPs recommended them to apply for study visa first.  As such, the complainant availed the service of the Opposite Parties for getting study visa of Canada and paid an amount of Rs.4,25,000/- (Ann.P-1 to P-6).  However, the OPs did nothing in the matter.  It is averred that the Opposite Parties remained unable to get the study visa as agreed.  Therefore, the complainants visited the Opposite Parties a number of times to seek refund of their amount, but they did not pay any heed.  Hence, this complaint has been filed alleging deficiency in service on the part of OPs. 

 

2]       The Opposite Parties did not turn up despite having been duly served through publication and hence they were proceeded exparte vide order dated 25.6.2019.

 

3]       Complainants led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the complainants and have also perused the entire record.

 

5]       The whole evidence place on record by the complainants corroborates the assertions set out in the present complaint.  Ann.P-1 to P-5 is evident of the fact that the complainants had paid an amount of Rs.2,60,000/- to the Opposite Parties on different occasions for Study Visa Application; whereas they have claimed that they paid Rs.4,25,000/- to the Opposite Parties. In the account statement placed on record as Ann.P-6 nowhere it contained any entry of any amount paid in the account of Opposite Parties.  Thus, the only amount which is proved to be paid by the complainants is Rs.2,60,000/- only.  Ann.P-7 (Page 12 to 14) also proves that the complainants have submitted requisite documents to the OPs while applying for Study Visa of Canada. Ann.P-8 & P-9 proves that the matter was also reported to the police.   Ann.P-10 is the legal notice sent of the OPs seeking refund of amount  However, the Opposite Parties did not processed the Study Visa case/application of the complainants nor refunded the amount, so paid to them.

 

6]       Due notices of the complaint were given to the Opposite Parties, who in turn failed to come present to counter the allegations of the complainant despite having been duly served.

 

7]       The complainant No.1 has not only proved the case by way of corroborative evidence, but also filed duly sworn affidavit in support of the allegations set-out in the complaint.  All the pleas of the complainants have gone unrebutted and unchallenged in the absence of the OPs. Averments/allegations supported with duly sworn affidavit establish the deficiency as well as unfair trade practice on the part of the OPs. In this view of the matter, the complaint deserves to be allowed. Accordingly, the present complaint is allowed against the Opposite Parties No.1 & 2 with following directions:-

 

1. To refund the amount of Rs.2,60,000/-(paid against receipts) to the complainants.

 

2. To pay a composite amount of Rs.20,000/- to the complainants towards litigation cost as well as compensation for causing mental & physical harassment to him on account of deficient act coupled with unfair trade practice on the part of OPs;

 

         This order shall be complied with by the Opposite Parties within a period of 30 days from the date of receipt of its certified copy, failing which they shall be liable to pay the above awarded amount along with interest @9% p.a. from the date of this order till payment.

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

Announced

8^th July, 2019                                                                          Sd/-  

                                                                    (PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER