DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)

                                    Consumer Complaint No.609 of 2019

                                     Date of institution:   30.04.2019                                        Date of decision   :   24.09.2020

Paramjeet Singh S/o Sh. Prem Singh R/o House No. 523, V&PO Threeke, Tehsil Ludhiana (West) District Ludhiana 142021.

…….Complainant

Versus

Rudraksh Group Overseas Solutions, SCO No. 15-16, Top Floor, Phase-1 Mohali (Punjab) through its partner/proprietor.

        ……..Opposite Party

           Complaint under Consumer Protection Act.

Quorum:   Shri Sanjiv Dutt Sharma, President.

                Mrs. Natasha Chopra, Member,

Present:    None for the complainant.

                OP ex-parte

Order dictated by :-  Shri Sanjiv Dutt Sharma, President.

Order

               Complainant (hereinafter referred as ‘CC’ for short) has  filed the present complaint against the Opposite Party (hereinafter referred as ‘OP’ for short) on the ground  that the CC is working  as skilled worker having expertise in repair of refrigerator and air conditioners etc. The CC was aspiring to go abroad to earn his livelihood and came across an advertisement of the OP published in Daily Dainik Bhaskar dated 18.02.2017 regarding offer for work permit in Canada. The CC immediately contacted the OP in the month of April, 2017 and after detailed discussion and verification of documents by the OP, the CC was given full assurance that he is entitled for immigration to Canada under 2+2 year work permit plus permanent residency. It was told by the OP to the CC that the entire process will take about seven months and the CC will get 2+2 year work permit plus permanent residency in Canada. It is alleged that after 3-4 days of visit to the office of the OP, the CC was told that there  is a job offer from Canadian Company and  in case it suits to the CC, he can give his consent. The details of the job are as under:-

                Country                    Canada

                Place of Job              Toronto (Ontario)

                Name of job              Food Packer

                Wages                       Canadian $ 3200 per month

                The OP also offered to deliver the copy of the job offer letter  but later on  adopted  dilly-dallying tactics in delivering the copy to the CC. It is alleged that the CC was asked to pay Rs. 30,560/- as application fee which was immediately paid by the CC vide cheque No. 368778 dated 04.05.2017 at Mohali. However,  it was written on the receipt of the OP that the fee was refundable. The OP further asked the CC to deposit an amount of Rs. 7,90,000/-  as  refundable security and asked   the CC to visit  its office  on 11.05.2017 for submission of documents and execution of contract of agreement. The CC accordingly signed contract of agreement on 11.05.2017 in favour of the OP on non judicial stamp paper of Rs. 50/- having contract  of agreement no. 1361 dated 11.05.2017. A copy of contract  of agreement is Ex C-4. It is alleged that the amount of Rs. 7,90,000/- was duly credited in the account of the OP. Thus a total sum of Rs.8,20,560/- was paid by the CC to the OP against contract of agreement dated 11.05.2017 along with refundable security etc. It is further alleged that as per requirement of the OP, CC time to time had been submitting the documents with the OP. The detail of documents is given in the complaint. It is further alleged that the OP has received a total sum of Rs.8,20,560/- from the CC and despite receiving the amount till today, the OP could do nothing even though 23 months have passed. It is alleged  that the CC has visited the office of the OP more than 20 times, besides telephonic conversations with the OP.

                It is alleged that after putting pressure on the OP, the OP could arrange an interview call from Canada which was fixed for 18.08.2018. On 18.08.2018 the matter was deferred to 05.09.2018. On 05.09.2018 when the CC requested the OP to do the needful and wanted to submit his passport with the Canadian Embassy, he found that phone call was a fake one. Moreover the OP failed to get the medical examination of the CC done, as promised earlier by the OP. The CC had to get himself medically examined by paying Rs. 1500/- in Civil Hospital, Ludhiana.  It is alleged that the OP had promised to provide even LMIA certificate i.e. Labour Market Impact Assessment Certificate but it failed to do so. It is alleged that the CC, on finding the intention of the OP malafide, requested the OP to refund the amount of Rs. 8,20,560/- but instead of refunding the same, the OP played another trick through solicitor Mr. Lawrence Pesah to manage some other event. The  CC received an email on 09.04.2019  for bio-metric test but the CC was again cheated. The date was again extended for further 21 days. It is alleged that file of the CC could not be processed as promised by the OP within 5-7 months and as such the OP has committed unfair trade practice

                Thus alleging deficiency of service and unfair trade practice on the part of the OP, the CC has sought  refund of Rs.8,20,560/-  along with interest @ 12% P.A from the date of deposit i.e. 04.05.2017 and 11.05.2017. The CC has further sought Rs. 2 lakhs  as compensation for mental tension, torture, agony and harassment  and Rs. 30,000/- as litigation expenses.

2.          Complaint of the CC is properly signed, verified and also supported by an affidavit.

3.              The OP has chosen to remain ex-parte. The OP was  proceeded against ex-parte vide order dated 09.10.2019 and as such no reply is filed by the OP.

4.          The CC in support of his complaint tendered in evidence his affidavit along with various documents Ex C-1 to Ex C-35.

5.             Since the  entire evidence of the CC is on the file and the OP is already ex-parte, we feel that no prejudice is going to be caused to any of the parties if the present complaint is decided on merits. Otherwise also, the present Consumer Protection Act is a Special Act which is enacted to provide speedy justice to the parties.

6.             Since the OP has chosen to remain ex-parte and has not come in the Commission to contest the allegations of the CC, in such a situation this Commission has no other alternative except to believe the contents of the complaint which are duly proved by the documentary evidence submitted by the CC. The entire evidence collected by the CC from various banks etc. appears to be cogent, reliable and trust worthy. It is proved on file that in total the OP  has received an amount to the tune of Rs.7,90,000/- plus Rs. 30,560/- from the CC in order to send the CC to Canada. It is also proved on the file that the OP, in lieu of such a huge amount, was to provide immigration, work permit visa and permanent residency in Canada to the CC. The CC has again claimed deficiency in service on the part of the OP by stating in his complaint that the OP failed to do the needful despite having received all the requisite documents including passport, medical certificate etc. from the CC. It is specifically alleged by the CC that the OP miserably failed in processing the file of the CC for seeking permanent residency in Canada and work permit etc. despite having received such a huge amount from the CC. Ex C-2 is a receipt through which it is proved that CC had paid an amount of Rs. 30,560/- to the OP. Further there are various receipts and copies of cheques and other bank certificates submitted by the CC to prove that he has also paid an amount of Rs. 7,90,000/- to the OP and the same was credited in the account of the OP. It is also proved on the file that even after 23 months of payment of Rs. 8,20,560/-, the OP failed to provide immigration, work permit visa and permanent residency to the CC. It is also proved on the file that the CC visited the office of the OP more than 20 times. We have also perused the document Ex C-4 which is duly signed by the CC and the OP on 11.05.2017 wherein it is mentioned that Rs. 7,90,000/- is a security fee in Indian Rupees for the visa application for Canada and it is specifically mentioned that 75% of the total security amount is refundable after three months of successful completion of visa process and the remaining 25% will be non refundable.

7.           Consumer Protection Act is supposed to provide speedy and simple redressal of the grievance of the consumers by keeping the principle of natural justice in mind. It is the duty of every Consumer Commission to protect the rights of the consumers since it is a beneficial legislation.

8.             We feel that inspite of receiving such a huge amount from the CC, the OP has failed to provide immigration, work permit visa and permanent residency in Canada to the CC. Since there is no rebuttal from the OP, so in these peculiar circumstances, we have no alternative except to believe the contents of the allegations of the CC in the complaint. We also feel that CC is also entitled to compensation for mental agony and harassment since for the last 23 months before filing of this complaint and even till date, nothing has been done by the OPs despite receiving such a huge amount.

9.             Accordingly, we allow the present complaint and it is ordered:-

i)      That the OP will refund the amount of Rs. 8,20,560/-     (Rs. Eight Lakhs Twenty Thousand Five Hundred Sixty only)  to the CC along with interest @ 12% P.A from the date of the order till its realization.

ii)     The OP is further directed to pay consolidated amount of compensation to the tune of 50,000/-(Rs. Fifty thousand only) to the CC.

             Free certified copies of the orders be supplied to the parties as per rules.  File be consigned to record in accordance with rules.

Announced

September 24, 2020

(Sanjiv Dutt Sharma)

                                                                President

(Mrs. Natasha Chopra)

Member