DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)
Consumer Complaint No.697 of 2014
Date of institution: 15.12.2014 Date of decision : 05.10.2020
Chamkaur Singh son of Shri Karnail Singh, resident of Village Manoair Khurd, P.O. Languwal, District Sangrur.
…….Complainant
Versus
M/s. World Class Enterprises (Regn.No.3968), SCO-43, IInd Floor, Phase-IX, Mohali through Mrs. Shalini Kapoor.
2nd Address:
Shalini Kapoor d/o Atma Ram, r/o 16 CD YAL Subvilla, Tehsil Dharmshala, District Kangra (H.P.)
……..Opposite Party
Complaint under Consumer Protection Act.
Quorum: Shri Sanjiv Dutt Sharma, President.
Mrs. Natasha Chopra, Member
Shri Inderjit, Member.
Present: None for the complainant.
OP Ex-parte.
Order dictated by :- Shri Sanjiv Dutt Sharma, President.
Order
The present order of ours will dispose of a complaint under Consumer Protection Act, filed by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Party (hereinafter referred as ‘OP’ for short), on the ground that CC is a consumer of the OP and in the month of May, 2011 CC approached the office of OP in order to apply for visa alongwith work permit for going abroad. However, the name of the country is not mentioned. It is alleged that OP had received an amount to the tune of Rs.1,10,000/- “in cash” from the CC and assured the CC that in case of rejection of visa, the said amount will be refunded to the CC and in this regard an undertaking was given by the OP in writing to the CC. It is alleged that neither the OP could arrange the visa nor refunded the amount to the CC. It is alleged that the OP had been giving false promises to refund the amount to the tune of Rs.1,10,000/- to the CC but of no use.
Thus, alleging deficiency in service on the part of the OP, the CC has sought the following relief:
(a) refund of Rs.1,10,000/- from the OP alongwith interest @ 18% per annum.
(b) the CC has sought Rs.50,000/- as compensation and Rs.11,000/- as litigation expenses.
Complaint of the CC is duly signed and verified. Further the same is also supported by an affidavit of the CC.
2. The OP has chosen to remain ex-parte and was proceeded against ex-parte vide order dated 24.01.2018 of this Commission.
3. The CC in support of his complaint tendered in evidence various documents Ex.C-1 to Ex.C-4 and thereafter closed his evidence.
4. 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. Further the present grievance of the CC appears to be an old one and the matter pertains to the year 2014.
5. Since the OP is already ex-parte and there is sufficient evidence submitted by the CC to prove his case. We feel, that the OP has committed deficiency in service by not providing the visa to the CC in order to go to Canada and work as Electrician. The CC in this regard submitted copy of Ex.C-4, having signature of the OP, wherein it is admitted that the CC has paid Rs.1.00 lakh to the OP. The CC has further submitted another receipt Ex.C-3 of Rs.10,000/- which is dated 22.04.2011 showing payment of Rs.1,10,000/- to the OP by the CC.
6. No doubt there are many discrepancies in the complaint, but the name of the CC figure in the FIR Ex.C-1 attached by the CC in support of his allegations. In such circumstances, we have no alternative except to believe the averments of the complaint and the evidence submitted by the CC. As OP has failed to refund the amount of Rs.1,10,000/- to the CC, it is proved on the file that the OP is deficient in rendering proper services to the CC.
7. Accordingly the present complaint is allowed and the OP is directed to refund to the CC the amount to the tune of Rs.1,10,000/- (Rs. One Lakh Ten Thousand only) alongwith interest @ 9% per annum from the dates of deposits till realisation. The OP is further burdened to pay a consolidated compensation to the tune of Rs.10,000/- (Rs. Ten Thousand only) to the CC. Compliance of this order be made by the OP within 30 days from the date of receipt of free certified copy of the order. Certified copies of the orders be supplied to the parties as per rules. File be consigned to record in accordance with rules.
Announced
October 05, 2020
(Sanjiv Dutt Sharma)
President
(Mrs. Natasha Chopra)
Member
(Inderjit)
Member
