DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

                                  Consumer Complaint No.185 of 2016

                                                Date of institution:  05.04.2016                                         Date of decision   :  16.08.2016

Amanjit Kaur d/o Balbir Singh, resident of House No.68, Ward No.11, Sector 12, New Garden Colony, Kharar, District Mohali.

……..Complainant

Versus

M/s. Tycoonz Consultants, SCF No.23-24, Phase 3B-II, SAS Nagar (Mohali).

…..Opposite Party

Complaint under Sections 12 to 14

of the Consumer Protection Act

Quorum

Sh. Ajit Pal Singh Rajput, President                           Mrs. R.K. Aulakh, Member.

Present:   Ms. Paramjit Kaur, authorised representative of the complainant.

                Opposite Party ex-parte.

ORDER

By Ajit Pal Singh Rajput, President

                Complainant, Amanjit Kaur d/o Balbir Singh, resident of House No.68, Ward No.11, Sector 12, New Garden Colony, Kharar, District Mohali, has filed this complaint against the Opposite Party (hereinafter referred to as the OPs) under Sections 12 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.             The complainant had paid Rs.32,000/- to the OP on 12.01.2016 for processing her case of study visa to Australia. The OP had assured to get the visa for the complainant within three months. Thereafter the complainant had been enquiring from the OP by visiting personally as well as on mobile Nos. 87250 97798, 90410 03395 and 81463 72283.  Though the period of three months has since lapsed but the visa has not been got issued to the complainant. The complainant requested the OP to refund the amount paid by her but the OP flatly refused  on the ground that the amount once paid is non refundable. The act and conduct of the OP shows clear cut unfair trade practice and deficiency in service on its part. Hence this complaint for giving directions to the OP to refund the deposited amount alongwith other relief like interest, damage, loss, inconvenience caused and mental agony etc.

3.             Notice to the OP was received back with the report of refusal.  Thus, presuming due service as per Section 28-A (3) of the Consumer Protection Act and none having appeared for it, the OP was proceeded against exparte vide order dated 18.05.2016.

4.             In order to prove the case, the complainant tendered in evidence her affidavit Ex. CW-1/1; affidavit of Prem Singh Ex.CW-1/2 and copy of receipt dated 12.01.2016 Ex.C-1.

5.             The complainant has pleaded that after receiving the amount of Rs.32,000/- for student visa for Australia, the OP never intimated the status and whereabouts of her case. She stated that several requests and phone calls were made to OP to know about the status of her student visa case but the OP paid no heeds to her requests. The complainant also pleaded that she has the right to know her case status, whether the student visa had been granted or rejected on what ground. She submitted that it is also not known, if the OP had even processed her student visa form before the Australian Embassy.      

6.             After hearing the authorized representative of the complainant and going through the pleadings, evidence produced by the complainant and the oral arguments, it is established from the material placed on record that the complainant had deposited a sum of Rs.32,000/- (receipt Ex.C-1, affidavit of Prem Singh Ex.CW1/2) for student visa at Australia Embassy through the OP. It is also proved on record by the affidavit of complainant i.e. Ex-CW1/1, that the OP had promised to get her the student visa for Australia .It is also proved from the material placed on record that the OP had failed to intimate the statue of the student visa case to the complainant. We are of the view that it is the right of the complainant to know about her status of the Visa and the OP acted negligently by not providing the requisite status and information.

7.             Accordingly, in view of our aforesaid discussion and the evidence tendered on record by the complainant, we find that the OP had acted negligently by not providing the requisite information and in case it was unable to process the application of the student visa, then the OP was bound to refund the amount received. The OP in the present case had been duly served by the Peon of this Forum but the OP did not prefer to assist this Forum. Hence we direct the OP to refund a sum of Rs.32,000/-  (Rs. Thirty two thousand only) alongwith 8% interest from the date of deposit of the payment i.e. receipt dated 12/01/2016 (Ex.C-1). We also find that the complainant is entitled to compensation on account of mental agony alongwith litigation cost amounting to Rs.10,000/-  (Rs. Ten thousand only) .

                The OP is further directed to comply with the order of this Forum within 45 days from the date of receipt of this order, otherwise the OP shall be liable to pay 8% interest per annum on the total cost awarded. The present complaint is hereby accepted. 

                The arguments on the complaint were heard on 09.08.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 16.08.2016    

                                         (A.P.S.Rajput)           

President

  (Mrs. R.K. Aulakh)

                  Member