BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JALANDHAR.

Complaint No.21 of 2017 Date of Instt.11.01.2017 Date of Decision: 20.04.2021

1. Shakti Kumar son of Sh.AmarNath

2. Rajveer Kaur wife of Sh.Shakti Kumar son of Sh.AmarNath: both residents of Village Rampur Balron, District Hoshiarur; through their attorney Sh.AmarNath son of Sh.Rattan Chand Resident of Village Rampur Bilron District Hoshiarpur.

….. Complainant

Versus

1. M/s Avalon Immigration Private Ltd. SCO 76-77, 2^nd Floor, Sector 17-C, Chandigarh, through its Managing Director Randeep Singh Saini.

2. Raneep Singh Saini, Managing Director, M/s Avalon Immigration Private Ltd son of S. Darshan Singh Saini, Village JandiarVia Bhogpur District Jalandhar.

3. Sh.Darshan Singh Saini, Director, M/s Avalon Immigration Private Ltd, Ambica Tower, 14 Police Line, Jalandhar City.

Also at

Son of Sh.Sadhu Singh Resident of Village Jandiar Via Bhogpur District Jalandhar

4. Smt.Harpreet Kaur Saini, Director, M/s Avalon Immigration Private Ltd, SCO 76-77, 2^nd Floor, Sector 17-C, Chandigarh

Also at

Wife of S. Randeep Singh Saini, Village Jandiar via Bhogpur District Jalandhar.

..…Opposite parties

Complaint under the Provisions of Consumer Protection Act.

QUORUM:

SH.KULJIT SINGH, PRESIDENT

MRS.JYOTSNA, MEMBER

ARGUED BY:

For Complainant : Sh.K.L. Dua, Advocate

For OP No.1,2&4 : Ex parte.

For OP No.3 : Sh.N.S. Minhas,Advocate

ORDER:-

KULJIT SINGH, PRESIDENT

1. The present complainthasbeen filed by complainants through their attorneyagainst the OPs on the averments thatOP No.2 to 4 are Managing Directors as well as director of OP-1 company. OP No.3&4 approached the complainants who were interested to go abroad at their resident and prevailed upon the complainants; and told them that they are running the business of immigration at Chandigarh and Jalandhar and Ops have relations in the Canadian Embassy and Ops can manage t obtain visa, sponsor ship and PR for Canada for the complainants. OPs told that OPs would be charging amount from complainant in four installments of Rs.4,80,000/- each. OPs told the complainants that first installments should be paid at Chandigarh office of OP-1 at the time of signing of agreement and second installments would paid at the time of arrival of settlement and third installment would be paid on the arrival of the Nomination and fourth installment would be paid at time of medical by High Commission of Canada. Complainants were allured by plans submitted by OP-2 to 4 being Managing Director and directors of OP-1. Complainants visited OP-1 as agreed on 02.09.2013 and paid a sum of Rs.4,80,000/- by way of Demand draft No.000129 dated 02.09.2013 of HDFC Bank. The alleged agreement was also arrive at between the complainants and OP-1 through OP-2. Said agreement was signed by Op No.2 on behalf of OP-1. OP No.2 and 3 summoned the complainant at OP-1 at Jalandhar on 13.01.2014 and also demanded second installments. OP assured the complainants that visa paper are ready in Canadian Embassy and same shall be sent after the payment of second installment. Under said allurement, complainants paid another sum of Rs.4,23,800/- by way of DD No.000318 dated 13.01.2014. Said amount was received by OP No.2&3 i.e. Director of OP-1 who assured that complainants would be getting visa within one month. The Ops have done nothing for complainant as such, Ops have no right to retain the amounts of complainant. Ops have played fraud with one Rachpal Singh son of Dheru Ram to tune of Rs.6,90,000/- and a criminal case has been registered against them under Section 406/420 at PS Navibaradari Jalandhar vide FIR No.0021 dated 08.02.2016. Lastly, prayer has been made that Ops be directed to pay Rs.9,03,800/- illegally received by them for providing services alongwith interest @18% from date of receipt of amount till final realization. They also claimed Rs.2,00,000/- as compensation and Rs.5,00,000/- as litigation costs.

2. Notice of the complaint was given to the OPs, but Op No.2 failed appeared and ultimately was proceeded against ex partevide order dated 09.03.2017 and OP No.1&2 were proceeded ex parte vide order dated vide order dated 17.04.2018. OP-3 who filed reply and contested the complaint of the complainant by raising preliminary objections thatthe complaint is not maintainable; complainant cannot the advantage of his own wrong acts and conducts; OP-3 is having no concern or connection with M/s Avalon Immigration; the power of attorney filed by Amarnath is not as per law and he has not authority to file the present suit; story of complainant is highly suspicious and indigestible as till date he has not filed any police complaint against answering OP or other OPs.On merits, it is denied that OP No.2 to 4 are Managing Directors as well as director of OP-1. No money was ever handed over to him. It is denied that Ops told that Ops would be charging the amounts from complainants in four installments. It is denied that any agreement signed. The complainant should put to strict proof. It is denied that complainants visited office of OP-1 at Chandigarh on 02.09.2013 and paid a sum of Rs.4,80,000/- by way of demand draft No.000219 dated 02.09.2013. It is a matter of record that a false FIR has been registered by police but the trial is pending before the Illaqa Magistrate. Other averments of complaint are denied and prayed for dismissal of complaint with costs.

3. Rejoinder not filed.

4. In order to prove their respective versions, both the parties produced on the file their respective evidence.

5. We have heard the learned counsel for the respective partiesand have also gone through the written arguments submitted by counsel for the complainant as well ascase file very carefully.

6. After going through contents of affidavit Ex.CA of complainant’s attorney along with documents Ex.C11 to Ex.C-17, it is made out that complainant paid the amount to OPs through demand drafts etc. Assurance through writing Ex.C11was given to the complainants by Ops for arranging of Canada Visa. Acknowledgement of agreement is proved on record.Being so, deficiency in service on the part of Ops to this extent is not there and as such, complainant not entitled for refund of his paid amount. So, it is obvious that virtually complainant reported about the offence of cheating committed by Ops with them at earliest. That caused mental harassment and agony to the complainants and that is why they had not to get the FIR registered. That offer was arranged for the complainants due to efforts of Ops and as such present is not a case, in which, complainants were made to visit Chandigarh from Jalandhar unnecessarily. If the Visa not got arranged by Ops for complainants. However, Ops committed default in arranging of Visa for the complainants and as such, virtually complainant stood mentally harassed, due to which, they are entitled for compensation for mental agony and harassment. Besides, Ops retained amount of Rs.9,03,800/- paid by complainants to Ops and as such complainant deprived of interest of this amount tentatively. On account of this financial loss, complainants deserves to be compensated by Ops. So, an amount of Rs.10,000/- deserves to be allowed as compensation for mental agony and harassment and also for financial loss. Complainant stood dragged in this litigation, due to fault of Ops qua rendering of promised services and as such, in view of the fact that complainant filed this complaint in January 2017, but despite that Ops have not appeared, despite issue of notice, it is fit and appropriate to allow litigation expenses of Rs.10,000/-. Complainant not entitled to amount under any other claimed heads as discussed above.

7. Therefore, as a sequel of the above discussion, complaint allowed and the Ops are directed to refund Rs.9,03,800/- to complainants alongwith interest @ 5% P.A. from the date of filing of this complaint till realization. Further, OPs are directed to pay Rs.10,000/- as compensation for mental agony and harassment and for financial loss including cost of litigation and further OPs are directed to deposit Rs.5000/- in the Legal Aid Fund of this Commission.

8. Entire complaint of this order be made by OPs within period of 45 days from the date of receipt of copy of this order. Copies of the order be sent to the parties, as permissible, under the rules. This complaint could not be decided within stipulated time frame due to rush of work and spread of Covid-19.

9. File be indexed and consigned to the record room after due compliance.

Announced in open Commission

20^th of April 2021

Kuljit Singh

(President)

Jyotsna

(Member)