Advocate Neeta Bhavar for the complainant
Opponents exparte.
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Per Hon’ble Shri. V. P. Utpat, President
:- JUDGMENT :-
Date -19th October 2013
This complaint is filed by consumer against service provider for deficiency in service as well as for unfair trade practice u/s 12 of the Consumer Protection Act, 1986. Brief facts are as follows-
[1] Complainant is resident of Margao, Goa. Opponent No.1 is service provider and Opponent No.2 is Branch of the Opponent No.1 situated at Pune. Opponent No.3 is Branch situated at Mumbai. Complainant has read an advertisement which is published by the Opponents as regards the provision of Canadian Immigration Visa. He made inquiry and on making inquiry he came to know that he has to pay Rs.50,000/- as service charges, Rs.20,600/- as visa fee, USD 1200 as fee to GSBC and landing services. Accordingly he had paid those amounts during the period of 19/05/2007 to 24/05/2007. He had visited the office of the Opponent in the month of July 2008 and July 2009. In the year 2010 Opponent has told that there is delay in process due to changes in immigration rules and recession. Then he was directed to visit the Opponent No.2 i.e. Pune office for refund of money but they did not pay entire amount which was deposited by him. Opponent have not supplied the visa documents and caused deficiency in service. Hence complainant has filed this complaint for refund of money and compensation.
[2] Opponents though appeared through Advocate failed to file written statement. Hence complaint is proceeded exparte against them. Complainant has produced voluminous documents such as receipts of payment, agreement between the parties, copies of correspondence etc. Complainant has also filed affidavit in support of his complaint. The averments made in the complaint remained unchallenged. Allegations made by the complainant are supported by documentary evidence as well as affidavit. It reveals from the receipts which are produced on record that complainant had paid Rs.70,600/- and USD 1200 to the Opponents. It is crystal clear from the record that the Opponents have not provided services at all and caused deficiency in service. Hence, complainant is entitled for compensation in the form of refund of money as well as physical and mental sufferings and cost of the litigation. Hence, I pass the following order-
:- ORDER :-
1. Complaint is partly allowed.
2. It is hereby declared that Opponents have caused deficiency in service by not providing visa documents to the complainant and by not refunding the amount which was paid by the complainant.
3. Opponent Nos. 1 to 3 are jointly and severally directed to pay Rs.70,600/- as well as USD 1200 in Indian currency to the complainant within six weeks from the date of receipt of copy of order.
4. Opponent Nos. 1 to 3 are jointly and severally directed to pay compensation of Rs.25,000/- for causing deficiency in service, mental and physical sufferings and cost of the litigation to the complainant within six weeks from the date of receipt of copy of order.
5. Parties are directed to collect the sets which are provided for the Hon’ble Members within one month from the date of order. Else those will be destroyed.
Copy of order be supplied to both the parties free of cost.
Place-Pune
Date-19/Oct/2013
