Chandigarh

DF-II

CC/178/2016

Kuldeep Saini - Complainant(s)

Versus

M/s Avalon Immigration Private Limited - Opp.Party(s)

M.S. Saini Adv. & Vandana Adv.

22 Jun 2016

ORDER

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

======

Consumer Complaint  No	:	178 of 2016
Date  of  Institution	:	11.03.2016
Date   of   Decision	:	22.06.2016

 

 

 

 

 

Kuldeep Saini s/o Naresh Chander Saini, R/o 106, Sunny Enclave, Kharar, Mohali.

 

             …..Complainant

Versus

 

1]  M/s Avalon Immigration Private Limited, through Harpreet Kaur, MD Office at Address- SCO 76-77, Second Floor, Sector 17-C, Chandigarh 160017 through its MDs.

 

2]  Randeep Saini, COO of M/s Avalon Immigration Private Limited, through Harpreet Kaur, M.D. Office at address - SCO 76-77, Second Floor, Sector 17-C, Chandigarh 160017.

 

3]  Harpreet Kaur, MD,  M/s Avalon Immigration Private Limited, through Harpreet Kaur, M.D. Office at address - SCO 76-77, Second Floor, Sector 17-C, Chandigarh 160017.

 

4]  Jugal Kishore, MD, M/s Avalon Immigration Private Limited, Office at address - SCO 76-77, Second Floor, Sector 17-C, Chandigarh 160017.  

 

….. Opposite Parties

 

BEFORE:  SH.JASWINDER SINGH SIDHU 

                               PRESIDING MEMBER

 

        MRS.PRITI MALHOTRA, MEMBER

 

 

Argued by:-

            Complainant in person.

            Opposite Parties exparte.

 

 

PER JASWINDER SINGH SIDHU, PRESIDING MEMBER

 

 

          As per the case, the complainant, a student, was allured by the OPs for sending him to Canada and to get good job there, as such, the complainant and OPs signed an agreement dated 14.2.2012 (Ann.C-1).  After signing of the agreement, the OPs received an amount of Rs.6.00 lacs from the complainant in two different installments through bank transfers (Ann.C-2).  It is averred that after taking advance payment of Rs.3.00 lacs, the OPs gave a false recruitment letter from Indian Curry House and took next amount of Rs.3.00 lacs and after that they did nothing, neither initiated his case for sending him abroad, as agreed, nor intimated him about anything.   It is further averred that on enquiry made by the complainant from the owner of said cuisine about issuance of job letter, he told that he never sent any such job offer letter to the complainant.  It is pleaded that the complainant had made several rounds of the Opposite Parties but they did nothing nor refunded the money.  Hence, this complaint has been filed alleging the above act of the OPs as gross deficiency in service and unfair trade practice.

2]       OPs did not turn up despite service through publication, hence they were proceeded exparte vide order dated 15.6.2016.

3]       Complainant led evidence in support of his contentions.

 

4]       We have heard the complainant in person and have perused the record.

 

5]       The complainant engaged the services of the OPs to process his case for Canadian Immigration along with a secure job offer in that country.  As per the promised terms & conditions, the complainant made a payment of Rs.6.00 lacs in total, in two installments of Rs.3.00 lacs each, in the year 2012.  An agreement was also signed between the parties on 14.3.2012, which is annexed as Ann.C-1.  However, the complainant kept on writing to enquire about the status of his case, but nothing concrete was being done by the OPs to fulfill the conditions of the agreement, as promised to the complainant.  The complainant while raising his grouse with the OPs demanded the refund of his money paid to them by writing e-mails and also giving them a final caution vide e-mail dated 11.6.2015.  Aggrieved of no response from the side of the OPs, has preferred the present complaint seeking refund of the entire amount of Rs.6.00 lacs, as Opposite Parties failed to convince that anything material was being done by them. The complainant has even raised the objection that the OPs even issued a fake job letter from “Indian Curry House”, so as to extract second installment of Rs.3.00 lacs on the pretext that they had secured a job for the complainant from the aforementioned entity i.e. Indian Curry House.  But when the complainant enquired the same directly, it was denied by the firm that no such job letter has been issued by it.  The complainant has also alleged that the OPs were using unethical practices in order to misguide its clients.  Having lost faith in the OPs, the complainant demanded the refund, which was not paid, thus sought compensation on account of deficiency in service as prayed in the complaint.

 

6]       The OPs having failed to put in appearance on being duly served, were proceeded against exparte and in the absence of any reply/version of the OPs, the entire averments of the complaint go unrebutted against them. 

 

7]       In the light of above observations, we are of the concerted view that the Opposite Parties are found deficient in rendering proper service to the complainant. Hence, the present complaint of the Complainant is allowed qua OPs jointly & severally. The Opposite parties are jointly & severally directed as under:-

 

[a]      To refund an amount of Rs.6.00 lacs to the complainant;

 

[b]      To pay Rs.35,000/- to the complainant as consolidated amount of compensation for causing mental agony and harassment on account of deficiency in service.

 

         The above said order shall be complied within 45 days of its receipt by the Opposite Parties jointly & severally; thereafter, they shall be liable to pay an interest @18% per annum on the awarded amount, as at sub-para [a] & [b] above, from the date of filing of the complaint till it is paid.

 

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

 

Announced

22^nd June, 2016                                                           

                                                        Sd/-         

(JASWINDER SINGH SIDHU)

PRESIDING MEMBER

 

 

Sd/-

(PRITI MALHOTRA)

MEMBER