CONSUMER DISPUTES REDRESSAL COMMISSION – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110016
Case No.35/17
- SARFARAZ HUSSAIN
S/O AHMED HUSSAIN
R/O G-4, BATLA HOUSE,
JAMIA NAGAR OKHLA,
NEW DELHI-110025
…………. COMPLAINANT
Vs.
- SH. KAPIL SURI & ANR.
DIRECTOR ALFA BETA
EDUCATION &IMMIGRATION PVT. LTD.
605, 6th FLOOR, BUILDING NO-57
MANJUSHA TOWER, NEHRU PLACE
NEAR AL BAKE NEW DELHI-11001 ………….RESPONDENT
Date of Order: 02.12.2021
O R D E R
A.K. KUHAR– President
The complainant wanted to send hisson Mr. Arshad Hussain for higher education to Berlin, Germany. He obtained the services of OP running a company under name and style of Alfa Beta Education and Immigration Private Limited. The complainant was informed by the OP that M/s Alfa Beta is a partner in University services in Germany through MIRA German Education Private Institute (MGEI) / International Education Services Berlin, Germany to provide the necessary services. OP had charged Rs. 20,000/- as consultancy fees and asked the complainant to deposit 1000 Euro which will be refundable in case visa is not granted by the Embassy of Germany at New Delhi.
As the luck would have it the son of the complainant was not awarded Visa by the Consulate General, Embassy of Germany at New Delhi. Although, the complainant has not mentioned any reason for denial of visa and it is also not the case of complainant that denial of Visa was on account of lack of services by the OP. However, it is specifically mentioned that amount of 1000 Euro was refundable in case Visa is declined. The complainant made contact with the OP for refund of 1000 Euro. Ms. Jasbir Kaur Manager of OP on 16.06.2015 informed the complainant that the amount will be refunded but the assurance was not honoured. The complainant sent notice on 03.03.2016 asking for refund of the amount with interest which was followed by another notice dated 04.01.2017. The notice (EX. CW-1/C and EX. CW-1/4) were duly served but neither any response was received nor the payment was made by the OP. Hence, the present complaint was filed.
Notice of the complaint was issued but there was no appearance on behalf of the OP, hence, vide order dated 20.09.2017, OP was proceeded Ex-parte.
Complainant has filed his affidavit and the documents on record, we have perused the affidavit (EX. CW-1/A) documents i.e. payment receipts EX. CW-1/1 (Colly) and the copy of the e-mails EX. CW-1/2(Colly). We have also heard the arguments of the complainant as well and perused the written submissions filed by him.
The complainant has placed on record the proof of deposit of Rs. 5000/- on 14.06.2014 and Rs. 10,000/- on 31.07.2014. He has also placed on record the copy of the Challan whereby 1000 Euro (which comes to Rs. 82,150/- in Indian rupees on the relevant date) were sent on 01.08.2014. The e-mail received from Ms. Jasbir Kaur dated 16.06.2015 and response thereto from International Education Services Berlin, Germany dated 16.06.2015 itself and further a correspondence addressed to Mr. Arshad Hussain from MGEI dated 14.07.2015, established the fact that this amount of 1000 Euro was refundable.
The affidavit submitted by the complainant and the averments made therein go unrebutted. The fact that the complainant had obtained services of OP for sending his son Mr. Arshad Hussain abroad for higher education, that payment of Rs. 20,000/- as consultancy fees was made by the complainant and the fact that 1000 Euro was transferred to MGEI stand established and proved. The OP despite obtaining the professional charges for providing the service did not assist the complainant in refund of the amount of 1000 Euro. This categorically amounts to deficiency in services.
The complainant has sought refund of the money equalent to 1000 Euro and the consultancy fees paid by him. So far as, the consultancy fees is concerned the complainant was not able to show that Visa was denied by the German, Embassy on account of any deficient service by the OP but it is established the fact that amount of 1000 Euro was refundable in case the Visa was declined. Therefore, OP had to ensure the refund of this amount to the complainant since, the OP has not done this part of service, in this regard, it is clear cut case of deficiency of service.
In view of the above discussion and on the basis of documents enclosed on record this Commission directs as Under :-
- OP shall refund the amount of Rs. 82,150/- (which was equalent to 1000 Euro at the relevant time) along with interest at the rate of 6% from the date of deposit, within 45 days. In case the amount is not refunded during this period the interest would be 9% on the amount till its realization.
- The complainant is also awarded litigation expenses of Rs. 10,000/-.
- The complainant is also awarded damage to the extent of Rs. 15,000/-.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(Dr. RAJENDER DHAR) (RASHMI BANSAL) (A.K. KUHAR)
MEMBER MEMBER PRESIDENT
