BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI

                                  Consumer Complaint No.448 of 2015

                                 Date of institution:          04.09.2015

                                                     Date of Decision:            04.12.2015

Taranjit Singh son of Naib Singh resident of House No.101, Dashmesh Nagar, Naya Gaon, District Mohali.

    ……..Complainant

                                        Versus

1.     M/s. Trust Us  Immigration Consultants, Golden Square, Suite No.114, First Floor, Ambala-Chandigarh Highway, Zirakpur, District Mohali through its Proprietor Ms. Manjeet Kaur.

2.     Ms. Manjeet Kaur, Proprietor M/s. Trust Us  Immigration Consultants, Golden Square, Suite No.114, First Floor, Ambala-Chandigarh Highway, Zirakpur, District Mohali.

………. Opposite Parties

Complaint under Section 12 of the

Consumer Protection Act, 1986.

CORAM

Mrs. Madhu. P. Singh, President.

Shri Amrinder Singh Sidhu, Member

Mrs. R.K. Aulakh, Member.

Present:    Shri Vishal Ahuja, counsel for the complainant.

                Opposite Parties exparte.

(Mrs. Madhu P. Singh, President)

ORDER

                The complainant has filed the present complaint seeking following directions to the Opposite Parties (for short ‘the OPs’) to:

(a)    refund to the complainant Rs.30,000/-  with interest @ 15% per annum.

(b)    pay him Rs.50,000/- on account of compensation.

(c)    pay him Rs.15,000/- being litigation expenses.

                The case of the complainant is the OPs are dealing in the business of immigration.  The complainant approached the OPs in September, 2014 for going to Canada and the OPs gave him assurance and asked the complainant to submit his documents i.e. academic certificates, experience certificate and passport and to pay Rs.30,000/-. The OPs assured that they will put the case of the complainant before Canadian Embassy within week and on obtaining the visa, the complainant was to pay Rs.2,50,000/- to the OPs.  The complainant submitted the documents and paid Rs.30,000/- to the OPs on 30.09.2014.  The complainant approached the Ops in November, 2014 to know the status of the file and the OPs told him that his file had already been put before the Canadian Embassy and the OPs are waiting for their decision and the OPs further assured the complainant that they will inform him within 10 days.   Thereafter the complainant had been approaching the OPs but the OPs have not informed him about the status of his case.  Ultimately the complainant informed the OPs that he does not want to go abroad and requested to refund him Rs.30,000/-and return his documents. The OPs returned him the documents but refused to refund him Rs.30,000/- being the registration amount. The complainant even got served legal notice dated 11.05.2015 to the OPs for refund of the amount but the notice received back unserved with the report of refusal.   With these allegations the complainant has filed the present complaint.

2.             Dasti summon taken by the complainant were sent through registered post and the same were returned back with the remarks of refusal. None appeared for the OPs and thus the OPs were proceeded against exparte vide order dated 28.10.2015.  

3.             To succeed in the complaint, the complainant tendered in evidence affidavit Ex.CW-1/1 & copies of the documents Ex.C-1 to C-6.

4              We have heard counsel for the complainant and have also gone through the pleadings and evidence on the file.

5.             The complainant has proved receipt dated 30.09.2014 Ex.C-1 vide which he has paid Rs.30,000/- to the OPs for processing his case for immigration to Canada. As per the complainant alongwith sum of Rs.30,000/- he has also submitted certain documents with the OPs i.e. academic certificates, experience certificates and passport to the OPs.  Perusal of the file shows that there is no reference of such documents on record.   The complainant had been approaching the OPs since November, 2014 to know the status of his case but no satisfactory reply has been given to him by the OPs and finally the complainant learnt that the OPs have not even submitted his case file to the Canadian Embassy for processing. Hence, disbelieving the promise of the OPs for providing immigration service, the complainant orally requested the OPs to return his documents as well as the deposited fee. As per the complainant the OPs have returned the documents of the complainant but retained Rs.30,000/- and not refunded the same till date.  

6.             The payment of Rs.30,000/- to the OPs by the complainant is proved vide receipt dated 30.09.2014 Ex.C-1 issued by the OPs in token  thereof.  The complainant has proved the issuance of legal notice dated 11.05.2015 Ex.C-2 which has been sent by the complainant through counsel via registered AD post and the original postal receipts are shown as Ex.C-3 and C-4. The said legal notice has been returned back to the counsel for the complainant by the postal authorities with the remarks ‘refused’ and the complainant has produced the same in sealed and intact envelope alongwith AD as Ex.C-5 and C-6. So much so the notice issued by the Forum for appearance to the OPs has also been received back with the remarks ‘refused’ by the postal authorities. Thus, it is ample clear from Ex.C-5 and C-6 that the OPs were very well in knowledge of the legal notice and deliberately chosen not to give its response to the complainant and even appeared before this Forum. The perusal of legal notice shows that the complainant has not received back Rs.30,000/- from the OPs and a request therein has been made by the complainant to the OPs to return the same. The complainant has further submitted affidavit Ex.CW-1/1 by way evidence before us wherein he has stated that till date the amount of Rs.30,000/- has not been refunded to him. Thus, the complainant has proved his complaint of illegal retention of Rs.30,000/- by the OPs. In our opinion, the said amount having been illegally retained by the OPs is an act of unfair trade practice on the part of the OPs.

7.             Therefore, due to the acts of commission of unfair trade practice, the complainant has suffered financial loss as well as mental agony and harassment.  Hence, the complaint deserves to be allowed and the complainant deserves to be adequately compensated.

8.             Therefore, the complaint is allowed with the following directions to the OPs to:

(a)    to refund to the complainant Rs.30,000/- (Rs. Thirty thousand only) with interest thereon @ 9% per annum w.e.f. 30.09.2014 till actual realization.

(b)    to pay a lump sum compensation of Rs.10,000/- (Rs. Ten thousand only) towards mental agony, harassment and costs of litigation.

                Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.

Pronounced.                           

December 04, 2015.     

                                 (Mrs. Madhu P. Singh)

                                                                        President

(Amrinder Singh Sidhu)

Member

(Mrs. R.K. Aulakh)

                       Member