The titled complainant brothers have filed the present complaint against the titled opposite party Travel & Immigration Agents aggrieved at their arbitrary acts and omissions causing them much humiliation, harassment, physical as well as mental injury along with financial loss seeking directives to them to pay back their receipted amount of Rs.5.0 Lac to them with interest @ 18% PA from the date of receipt till realization besides Rs.10 Lac as compensation and Rs.4.0 Lac as litigation expenses, all in the interest of justice.

2.       The complainant brothers had paid Rs.5.0 Lac to the OP1&2 Agents to get them migrated along with their families in the month of March' 2017 to the United Kingdom within a period of one month, with permanent jobs over there. However, on 02.07.2017 the OP agents demanded more money and the complainants asked for return of their sum of Rs.5.0 Lac but the OP instead started giving them threats of life/criminal cases etc.

3.       The complainants have also alleged manhandling by the OP agents causing them physical injuries on 02.08.2017 at 10:00 PM at Naushehra Majja Singh Road Crossing, for which complaint UID 1169391 was duly lodged with the police who however did not take any action against the duo accused. The OP Agents have also filed false complaints against the complainants who have thus filed the present complaint seeking the aforesaid reliefs. In support of their complaint, the complainants have filed the two (Ex.CW1/A & Ex.C2/A)  respective affidavits deposing the contents of the complaint along with the statement of bank account (Ex.C1) exhibiting and NEFT Transfer of Rs.1.0 Lac to the OP Rakesh Kumar on 20.03.2017.

4.      The titled opposite parties Travel and Immigration Agents (the OP), in response to the commission’s summons appeared through their learned counsel who filed their written reply stating therein preliminary as well as other (on merits) objections as:

5.        The complaint has been out rightly pre-liminarily objected to as not-maintainable in the present form. On merits, the OP Agents have stated that FIR Nos.09 (11.01.2010), 14 (14.01.2014), 10 (02.02.2016) under the various sections of IPC and 0132 (08.12.2016) under the IT Act have been pending/outstanding against the complainants. All other para of the complaint have been denied for one reason or the other and lastly the OP have stated that the complainant No.2 Mohit Babbar and one Parshant Kumar (Son of the OP2) had started a medicine-shop in partnership at village Chottepur and Rs.1.0 Lac was transferred to him to enter into the partnership. Further, some persons attacked Parshant Kumar at the medicine-shop that had been going in losses and the same had to be closed; And, the complainants have concocted this false story to recover the money lost in the business. The OP have also narrated the other litigation/cases etc faced by both the sides between themselves and also with other parties that have little relation/link/marking with the herein complaint. Lastly, the OP Agents have sought dismissal of the present complaint with costs, in the interest of justice. 

6.        The OP Agents have filed their separate individual affidavits (Ex.OP1 & Ex OP2) duly deposing the contents of the affidavit along with the documents (Ex.OP1/1 to Ex.OP1/10) by the OP1 Agent and  documents (Ex.OP2/1 to Ex.OP2/13) by the OP2 Agent, in evidence + written arguments by OP.No.1

7.        We have examined the available documents/evidence on the records so as to statutorily interpret the meaning and purpose of each document and also the scope of adverse inference on account of some of the documents ignored to be produced by the contesting litigants against the back-drop of the arguments/oral as well as written, as put forth by the learned counsels for their respective litigants.

8.       We find that the present dispute has arisen on account of the impugned inter-se allegations and cross-allegations by the two sides (of civil as well as of criminal nature) that hardly fall under the nature and purview of consumer-relationship. Moreover, the herein dispute involves complex/complicated issues of 'fact' as well as of 'law' that shall warrant examinations/cross-examinations/re-examinations of number of witnesses from both the sides that are neither feasible nor allowed under the summary procedure prescribed under the herein applicable statute; thus we dispose-off the present complaint with however no orders as to its cost etc. but with liberty to the herein both the litigating sides to get their dispute resolved under the remedy of their own choice and/or advice as provided in law/proceeded as per prescribed procedure in law.   

9.        The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

10.      Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record.                                                                             

                                                          (Naveen Puri)

                                                                President.

ANNOUNCED:                                (R.S.Sukhija)

NOV. 18, 2022.                                          Member.

YP.