Chandigarh

DF-II

CC/618/2016

Ravindra Preet Saini - Complainant(s)

Versus

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

M.S. Saini Adv. & Vandana Adv.

01 May 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	618/2016
Date of Institution	:	19.08.2016
Date of Decision	:	01/05/2017

 

                                       

                                               

Ravindrapreet Saini s/o Gurdip Saini r/o Tycoon Residency Building Delefy Flat No.604, Khadakpara, Kalian West, Mumbai.

                                ...  Complainant.

Versus

1.     M/s Avalon Immigration Pvt. Ltd., through Harpreet Kaur M.D. Office at Address SCO 76-77, 2^nd Floor, Sector 17-C, Chandigarh -160017 through its M.D.s Authorized Signatory.

 

2.     Randeep Saini C/o M/s Avalon Immigration Pvt. Ltd., through Harpreet Kaur M.D. Office at Address SCO 76-77, 2^nd Floor, Sector 17-C, Chandigarh -160017.

 

3.     Harpreet Kaur, M.D. M/s Avalon Immigration Pvt. Ltd., through Harpreet Kaur M.D. Office at Address SCO 76-77, 2^nd Floor, Sector 17-C, Chandigarh -160017.

 

4.     Jugal Kishore, M.D. M/s Avalon Immigration Pvt. Ltd., Office at Address SCO 76-77, 2^nd Floor, Sector 17-C, Chandigarh -160017.

…. Opposite Parties

 

BEFORE:    SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by: Ms.Vandana, Adv. for the complainant

                 OPs exparte.

 

PER RAJAN DEWAN, PRESIDENT

1.         In brief, the case of the complainant that he a student of 28 years of age and allured by the OPs to send him to Canada on the pretext of getting a good job there for him.  An agreement dated 20.08.2012 (Annexure C-1) was also entered between the complainant and the OP-Company.  Thereafter, the complainant paid Rs.6 lacs in two installments through bank transfers (Annexure C-2).  It has further been averred that after taking advance payment of Rs.3,00,000/-, the OPs gave a false assurance to the complainant regarding the recruitment letter from Indian Curry House in his favour and thereby they took another amount of Rs.3,00,000/-  from him.  However, after taking Rs.6 lacs, they have not done anything till now in furtherance of sending the complainant to abroad. He visited number of times to the OPs but they started making one or the other excuse and asked that he should only come as and when he was called.  It has further been averred that as and when he asked the OPs to refund the money they started avoiding him. 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.
2.         OPs did not appear despite publication of the proclamation in the newspaper “Daily Chardikalan” and as such they were ordered to be proceeded against exparte on 21.12.2016.
3.         We have heard the learned counsel for the complainant and have gone through the documents on record.
4.         In his exparte evidence, the complainant has tendered the detailed affidavit reiterating the averments as made in the compliant. The issue involved in the present complaint is that he had paid Rs.6,00,000/- through cheques to the OPs for providing permanent resident visa in Canada. The complainant had been approaching the OPs to know the status time and again but they failed to give any satisfactory reply or in the alternative refund his deposited amount.  The complainant has specifically deposed in his affidavit that he requested the OPs to refund the money but they started avoiding him. The OPs even did not bother to appear before this forum despite service through proclamation. The absence of the OPs, therefore, is nothing but an admission from its side which otherwise the complainant has proved from the documents placed on record.
5.         The complainant has proved his complaint against the OPs by way of documentary evidence as well as by his duly sworn affidavit. We are of the opinion that the complainant has suffered mental agony, harassment and financial loss in the hands of the OPs as they have indulged into unfair trade by not rendering promised services to the complainant.
6.         In view of the above discussion, the present complaint deserves to be allowed and the same is allowed with a direction to the OPs to refund to the complainant Rs.6,00,000/-  with interest thereon @ 9% per annum from the respective dates of deposit till actual realization. The OPs shall also pay a lump sum compensation of Rs.10,000/- towards mental agony, harassment and costs of litigation. This order be complied with by the OPs, within 45 days from the date of receipt of its certified copy.
7.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

01/05/2017

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER