Chandigarh

DF-II

CC/423/2022

Krishan Kumar - Complainant(s)

Versus

M/s Fly Boss Immigration - Opp.Party(s)

Vivek Mohan Sharma

03 Jun 2024

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	423 of 2022
Date  of  Institution	:	12.05.2022
Date   of   Decision	:	03.06.2024

 

 

 

 

 

1]  Krishan Kumar son of Sh.Mukesh,

2]  Seema wife of Sh.Krishan Kumar,

Both are residents of VPO, Chak Bilgan, SBS Nagar, Punjab 144504

.... Complainants

VERSUS

1]  M/s Fly Boss Immigration through its Directors namely Ms.Shagun Jaswal and Harish Singh Rawat, SCO No.156-157, Fourth Floor, Sector 34-A, Chandigarh 160022

2]  Ms.Shagun Jaswal, Director, M/s Fly Boss Immigration, SCO No.156-157, Fourth Floor, Sector 34-A, Chandigarh 160022

3]  Harish Singh Rawat, Director, M/s Fly Boss Immigration, SCO No.156-157, Fourth Floor, Sector 34-A, Chandigarh 160022

4]  M/s Fly Boss Immigration, SCO No.156-157, Fourth Floor, Sector 34-A, Chandigarh 160022 through its Branch Manager Maninder Singh

.....Opposite Parties

 

BEFORE:      MR.AMRINDER SINGH SIDHU,  PRESIDENT

                            MR.B.M.SHARMA             MEMBER

 

 

Present:-       Sh.Anshul Jindal, Adv. proxy for Sh.Vivek Mohan Sharma, Counsel for the complainant (Through V.C.)

OPs Exparte.

 

 

PER B. M. SHARMA, MEMBER

1]      The complainant has filed the present complaint pleading that he hired the professional services of the OPs for getting Tourist Visa of United Kingdom.  It is stated that the OPs assured him that their company has tie-ups with influential people in United Kingdom and they will arrange sponsorship letter from a reputed firm situated in United Kingdom.  Accordingly, the complainant supplied the necessary documents to the OPs and initially paid Rs.11,800/- on 09.11.2021 (Ann.C-1).  Thereafter the OPs informed the complainant that they had arranged Sponsorship letter for the complainant which includes invitation for complainants to visit United Kingdom, flight tickets and required accommodation for fifteen days at London, United Kingdom by sponsor namely Wilson Holloway (Ann.C-2 and thereafter demanded Rs.1,80,000/-.  The complainant paid the said amount to the OPs through bank transactions Ann.C-3 & C-4. The complainants further deposited an amount of Rs.30,000/- with the OPs for submission of Visa File (Ann.C-5).  It is submitted that the complainant further deposited an amount of Rs.20,000/- with the OPs as demanded for arranging the appointment for bio-metrics and file submission (Anns.C-6 & C-7).  It is pleaded that after making the payments and submission of visa file, the complainants waited the decision on their application for considerable time and then approached the OPs to know the status of their Visa file and shocked to know from OP No.4 on 6.4.2022 that their visa application has been rejected (Ann.C-8).  It is also pleaded that after going through the rejection letter, the complainants being dissatisfied with the services of the OPs demanded refund of amount but the OPs did not pay any heed.  It is stated that the complainant sent a mail to the Sponsor as mentioned in the sponsorship letter regarding authentication of the sponsorship letter and the complainants were astonished to get reply from the sponsor who sent message that “This is a non authentic letter, hasn’t been released by our company”. (Ann.C-9).  It is stated that the OPs not only misled the complainants on the pretext of bogus sponsor letter but indulged into unfair trade practice by doing so thereby caused harassment, mental agony and financial loss to the complainants.  Hence, this complaint has been preferred.

 

2]      The Opposite Parties did not appear despite service of notices, hence they were proceeded against exparte vide order dated 15.11.2022.

 

3]      Complainants led evidence in support of their contentions.

4]      We have heard the ld.Counsel for the complainant and have gone through the documents on record.

5]      From the submissions and documentary evidence placed on record by the complainants especially Ann.C-1, c-3 to C-7, it is observed that OPs have received an amount of Rs.2,40,000/- from the complainants for providing them UK Tourist Visa services (Annexure C-1).  Ann.C-2 is the alleged sponsorship Letter for UK Visa provided by the OPs in favour of the complainants but the complainants have proved vide Ann.C-9 i.e. an email communication received from the said Sponsor Company that “This is a non-authentic letter, hasn’t been released by our company.”, Thus, it is proved that the OPs not only failed to render proper services but also indulged into unfair trade practice and befooled the complainants.

6]      Moreover, the OPs did not appear to contest the case and preferred to proceed against ex-parte, which shows that the OPs have nothing to say in their defence against the allegations made by the complainants. Therefore, the assertions of the complainants qua OPs have gone unrebutted & un-controverted.

7]      In the light of above observations & findings, the present complaint deserves to succeed against the OPs.  Accordingly, the present complaint is Partly allowed against OPs.  The OPs are directed to refund an amount of Rs.1,90,000/- to the complainants (i.e. minus Rs.50,000/- being Visa fee, bio-metrics fee etc.) along with interest @10% p.a. from the respective date of deposit till its actual realization as well as to pay lumpsum amount of Rs.20,000/- towards compensation for the harassment, mental agony and litigation expenses.

        The above said order shall be complied with by the OPs within a period of 60 days from the date of receipt of copy of this order.

 

8]      The pending application(s) if any, stands disposed of accordingly.

        The Office is directed to send certified copy of this order to the parties, free of cost, as per rules & law under The Consumer Protection Rules & Act accordingly. After compliance file be consigned to record room.   

Announced

03.06.2024                                                                    

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

Sd/-

 (B.M.SHARMA)

MEMBER