Chandigarh

DF-I

CC/420/2018

Gurpreet Singh - Complainant(s)

Versus

Law Chamber Immigration - Opp.Party(s)

Manpreet Singh Longia

06 Sep 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

========

[1]

                               

Consumer Complaint No.	:	CC/420/2018
Date of Institution	:	27/08/2018
Date of Decision	:	06/09/2019

 

Gurpreet Singh S/o Sh. Paramjit Singh, R/o Village Bhurare, Tehsil Chankaur Sahib, District Ropar, Punjab.

…..Complainant

 

V E R S U S

 

1.     Law Chamber Immigration, SCO 126-127, Sector 8-C, Chandigarh, through its Director/Partner Vinayak Maheshwari @ Vinayak Chitlangi S/o Bhagirath Mal.

2.     Vinayak Maheshwari @ Vinayak Chitlangi S/o Bhagirath Mal (Director/Partner of Opposite Party No.1), R/o H.No.3540, Sector 38-D, Chandigarh, (through Superintendent, Jail as present O.P. is confined in Model Jail, Chandigarh (Central Jail), Sarovar Path, Sector 51, Chandigarh – 160051.

3.     Aashika Nath wife of Vinayak Maheshwari @ Vinayak Chitlangi, R/o H.No.3540, Sector 38-D, Chandigarh.

…… Opposite Parties

[2]

                               

Consumer Complaint No.	:	CC/421/2018
Date of Institution	:	27/08/2018
Date of Decision	:	06/09/2019

 

Rajwinder Singh S/o Sh. Mehar Singh, R/o Village & Post Office Kotla Nihang, Tehsil & District Ropar, Punjab.

…..Complainant

 

V E R S U S

 

1.     Law Chamber Immigration, SCO 126-127, Sector 8-C, Chandigarh, through its Director/Partner Vinayak Maheshwari @ Vinayak Chitlangi S/o Bhagirath Mal.

2.     Vinayak Maheshwari @ Vinayak Chitlangi S/o Bhagirath Mal (Director/Partner of Opposite Party No.1), R/o H.No.3540, Sector 38-D, Chandigarh, (through Superintendent, Jail as present O.P. is confined in Model Jail, Chandigarh (Central Jail), Sarovar Path, Sector 51, Chandigarh – 160051.

3.     Aashika Nath wife of Vinayak Maheshwari @ Vinayak Chitlangi, R/o H.No.3540, Sector 38-D, Chandigarh.

 

…… Opposite Parties

[3]

                               

Consumer Complaint No.	:	CC/422/2018
Date of Institution	:	27/08/2018
Date of Decision	:	06/09/2019

 

Rajbir Singh S/o Sh. Gurmeet Singh, R/o Ward No.7, Village Mane Majra, Tehsil Chankaur Sahib, District Ropar, Punjab.

…..Complainant

 

V E R S U S

 

1.     Law Chamber Immigration, SCO 126-127, Sector 8-C, Chandigarh, through its Director/Partner Vinayak Maheshwari @ Vinayak Chitlangi S/o Bhagirath Mal.

2.     Vinayak Maheshwari @ Vinayak Chitlangi S/o Bhagirath Mal (Director/Partner of Opposite Party No.1), R/o H.No.3540, Sector 38-D, Chandigarh, (through Superintendent, Jail as present O.P. is confined in Model Jail, Chandigarh (Central Jail), Sarovar Path, Sector 51, Chandigarh – 160051.

3.     Aashika Nath wife of Vinayak Maheshwari @ Vinayak Chitlangi, R/o H.No.3540, Sector 38-D, Chandigarh.

 

…… Opposite Parties

QUORUM:	RATTAN SINGH THAKUR	PRESIDENT
	MRS.SURJEET KAUR	MEMBER
	DR. S.K. SARDANA	MEMBER

                               

ARGUED BY	:	Sh. Manjinder Kumar, Vice Counsel for Sh.Manpreet Singh Longia, Counsel for Complainant.
	:	Opposite Parties No.1 & 2 ex-parte.
	:	Opposite Party No.3 struck off.

 

PER SURJEET KAUR, MEMBER

1.         All the above referred Consumer Complaints are being decided by this common order, as common questions of law and facts, except some minor variations, here and there, are involved in these complaints. The facts are taken from Consumer Complaint No.420 of 2018 – Gurpreet Singh Vs. Law Chamber Immigration and Others.
2.         The facts, in brief, are that allured through the various advertisements given by the Opposite Parties about their immigration consultancy services, the Complainant hired their services and deposited Rs.4,50,000/- (details Annexure C-2) in all against the total consideration of Rs.15,00,000/- for arranging work permit and permanent residency of Canada in business category. The rest of the amount was to be paid on the grant of work permit and permanent residency. The Opposite Parties also got the visa forms, authority letter and few other documents signed from the Complainant for processing his visa application. Later, during July 2018, the Complainant learnt that the Opposite Parties were running the immigration scam and have duped many innocent persons like him and that Opposite Party No.2 has been arrested for pasting fake visas on the passports and has been lodged in Burail Jail, the Complainant along with his friends Gurpreet Singh and Rajbir Singh also lodged a Complaint with the Policy (Annexure C-4). Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint, praying for refund of the deposited amount alongwith interest, compensation and litigation expenses.
3.         Notice of the complaint was sent to Opposite Parties seeking their version of the case.
4.         Initially, Sh. Vikram Singh Vohra, Advocate appeared on behalf of Opposite Parties No.1 & 2 and filed his Power of Attorney and the case was adjourned for filing their reply and evidence.  However, subsequently, neither the reply and evidence were filed nor anybody appeared on behalf of Opposite Parties No.1 & 2 and they were proceeded ex-parte vide order dated 23.07.2019. However, the name of Opposite Party No.3 was ordered to be struck off from the array of Opposite Parties vide order dated 08.04.2019.
5.         Complainant led evidence.      
6.         We have gone through the entire record and heard the arguments addressed by the Ld. Counsel for the Complainant.
7.         The sole grouse of the Complainant is that the Opposite Parties allured him to get permanent residency at Canada along with work permit and for this purpose, he paid an amount of Rs.4,50,000/- to the Opposite Parties as a part payment out of demanded amount of Rs.15,00,000/-. However, during the process, he came to know about Annexure C-5 an FIR lodged against the Opposite Parties as they were arrested at Delhi Airport for pasting fake visas on the passports and presently, Opposite Party No.2 is lodged in Burail Jail, Chandigarh. 
8.         Significantly, the Opposite Parties did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Parties draws an adverse inference against them. The non-appearance of the Opposite Parties shows that they have nothing to say in their defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted.
9.         In the ex-parte evidence, the Complainant has placed on record Bank Statement as Annexure C-2 which  shows that the Complainant paid an amount of Rs.2,00,000/- to the Opposite Parties and one more entry of 05.07.2018 has been shown for Rs.1,50,000/-. Annexure C-3 is the job offer of the Complainant to support his work permit and permanent residency at British Columbia, Canada. Annexure C-4 is receipt dated 05.07.2018 of Rs.5,00,000/-. Thus, in the present circumstances, it is established beyond all reasonable doubts that the complaint of the Complainant is genuine and the harassment suffered by the Complainant is also writ large. The action of the Opposite Parties for alluring the Complainant for procuring work permit and permanent residency by illegal means and charging consideration of Rs.4,50,000/- on false assurance not only amounts to deficiency in service, but is a grave malpractice under the Consumer Protection Act.
10.         In view of the above discussion, all the consumer complaints deserve to succeed and the same are accordingly partly allowed. The opposite parties in all the consumer complaints are directed as under:-

 

CC/420/2018: Gurpreet Singh Vs. Law Chamber Immigration & Others

1. To immediately refund the amount of Rs.4,50,000/- to the Complainant alongwith interest @ 9% per annum from the dates of respective deposits.
2. To pay Rs.25,000/- to the Complainant as compensation for mental agony and harassment caused to them;
3. To pay to the Complainant Rs.10,000/- as costs of litigation.

 

CC/421/2018: Rajwinder Singh Vs. Law Chamber Immigration & Others

 

i.      To immediately refund the amount of Rs.5,00,000/- to the Complainant alongwith interest @ 9% per annum from the dates of respective deposits.

ii.     To pay Rs.25,000/- to the Complainant as compensation for mental agony and harassment caused to them;

iii.    To pay to the complainant Rs.10,000/- as costs of litigation.

CC/422/2018: Rajbir Singh Vs. Law Chamber Immigration & Others

 

i.      To immediately refund the amount of Rs.4,50,000/- to the Complainant alongwith interest @ 9% per annum from the dates of respective deposits.

ii.     To pay Rs.25,000/- to the Complainant as compensation for mental agony and harassment caused to them;

iii.    To pay to the complainant Rs.10,000/- as costs of litigation.

                The above said order shall be complied within 30 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the amounts mentioned in sub-para [i] above from the date of receipt, till realization. The compensation amounts as per sub-para [ii] above, shall carry interest @12% per annum from the date of institution of this complaint, till realization, apart from compliance of the directions as per sub-para [iii] above.  

11.        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

 

	Sd/-	Sd/-	Sd/-
06/09/2019	[Dr.S.K.Sardana]	[Surjeet Kaur]	[Rattan Singh Thakur]
	Member	Member	President
“Dutt”