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

                                  Consumer Complaint No.  34 of 2016

                                 Date of institution:          13.01.2016

                                                     Date of Decision:            30.05.2016

Onyx Samuel son of Sant Ram Samuel, resident of VPO Jamniwala, Ponta Sahib, Himachal Pradesh 173025.

    ……..Complainant

                                        Versus

M/s. Trust Us  Immigration Consultants, Golden Square, Suite No.114, First Floor, Ambala-Chandigarh Highway, Zirakpur- Punjab through Ms. Malkiat Kaur.

………. Opposite Party

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:    Complainant in person.

                Opposite Party exparte.

(Mrs. Madhu P. Singh, President)

ORDER

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

(a)    provide him the hotel job in Canada or pay Rs.4,51,000/- alongwith interest  alongwith cost of compensation on account of mental tension, harassment, loss of job and unwanted litigation.

                The case of the complainant is that he has availed the services of the OP for arranging work permit visa in Canada for the complainant. The OP had promised verbally that it provides jobs in different countries hotels i.e. Fairmount Hotel, Jasper Alberta, Canada for a minimum salary of Rs.1,00,000/- to Rs.1,50,000/- per month  within 6-7 months and if they failed then it would refund the whole amount which will be paid by the complainant.  The OP has charged Rs.30,000/’- for filing and processing visa file of the complainant.  However, the OP could not get the job for the complainant and it also failed to arrange the interview in embassy. The complainant visited the OP many a times from Ponta Sahib and spent huge amount on travelling.  With these allegations the complainant has filed the present complaint.

2.             Registered notice sent to the OP received back with the report of refusal. Presuming it as due service and none having appeared for the OP, it was proceeded against ex-parte vide order dated 29.02.2016.  

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-3.

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

5.             The issue involved in the present complaint is that the complainant has paid Rs.30,000/- against due receipt Ex.C-1 dated 26.07.2014 for availing the services of job placement in a hotel in Canada. The OP has sent him job offer letter through e-mail dated 07.08.2014 9.01 PM written by  one  Mr. Tyler Blais, Recruitment & Training Coordinator, The Fairmont Jasper Park Lodge, Alberta, Canada. The complainant approached the hotel mentioned through his e-mail dated 07.08.2014 at 8.26 PM the officials of the Hotel responded to the complainant on 14.08.2014 that they have not authorised anybody for recruitment. Thus, the complainant came to know that this was a hoax job offer issued by the OP. Therefore, the complainant approached the OP for either giving him job offer from an appropriate and genuine concern or refund of his amount. Neither of the two has been done by the OP.

6.             The complainant has proved his complaint against the OP by way of documentary evidence as well as by his duly sworn affidavit. We are of the opinion that the complainant has suffered mental agony, harassment and financial loss in the hands of the OP as the OP has indulged into unfair trade by not providing corresponding services to the complainant for the amount of Rs.30,000/- received from him.

7.             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. 26.07.2014 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.                           

May 30, 2016.     

                                 (Mrs. Madhu P. Singh)

                                                                        President

(Amrinder Singh Sidhu)

Member

(Mrs. R.K. Aulakh)

                       Member