BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No. 59 of 2015
Date of institution: 10.02.2015
Date of Decision: 27.07.2015
Mandeep Singh Sodhi son of Manbir Singh Sodhi, resident of Flat No.R-104, Gillco Heights, Gillco Valley, Sector 127, Kharar, Mohali
……..Complainant
Versus
M/s. Worldwide Immigration Consultancy Services Ltd., Office at A-12, Industrial Area, Phase-6, Mohali- 160055 through its Managing Director.
………. 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: Shri Rahul Katoch, counsel for the complainant.
Shri K.S. Rupal, counsel for the OP.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 for issuance of following directions to the Opposite Party (for short ‘the OP’):
(a) to refund him Rs.3,83,584/- with interest @ 12% per annum from the date of deposit till realization.
(b) to pay him Rs.3,00,000/- as compensation for harassment and mental agony.
(c) to pay him Rs.33,000/- as costs of litigation.
The complainant’s case is that he was called upon by the OPs on 09.05.2012 and the Sales Executive of the OPs informed that his was the best case for immigration to Canada under Federal Skilled Worker Category (arranged employment). The complainant submitted the requisite documents and Contract of Engagement of Federal Skilled category and Arrange Employment was executed on 09.05.2012. Upon the demand of the OP the complainant deposited Rs.1.00 lac vide cheque dated 09.05.2012 receipts whereof were issued by the OP. The complainant also paid another amount of $ 750 USD equivalent to Rs.40,000/- vide draft dated 14.05.2012 and $ 4400 equivalent to Rs.2,43,584/- vide draft dated 07.06.2012 in favour of M/s. Global Strategic Business Consultancy, an associate company of the OP. After receipt of these amounts, the OP did not revert back. The complainant visited the OP number of times but no satisfactory reply was given by the OP. After some time the complainant requested the OP to change his case from Federal Skilled worker to federal Skilled Fast Track Program. After this the OP issued a false and fabricated letter issued to Boston Pizza. Despite various oral and written requested, the Op failed to process the case of the complainant and have also not refunded the amount of the complainant. Non refund of his amount is an act of deficiency in service and unfair trade practice on the part of the OP.
2. The OP in the written statement has pleaded the OP has already refunded Rs.3,83,584/- to the complainant before this Forum. The OP had performed its part of the contract by getting the job offer to the complainant which is valid till 01.08.2016. The complaint is bad for non joinder of necessary parties. As the complainant has already received the payment thus there is no cause of action against the OP and the OP has sought dismissal of the complaint.
3. Evidence of the complainant consists of his affidavit Ex.CW-1/1; copies of documents Ex.C-1 to C-7.
4. Evidence of the OP consists of affidavit of Rajiv Bajaj, its authorized representative Ex.OP-1/1 and copies of documents Ex.OP-1 to OP-3.
5. We have heard the learned counsel for the parties and have gone through the written arguments filed by the OP.
6. The complainant approached the OP for immigration to Canada under Federal Skilled Worker Category (arranged employment) for settlement. On the demand of the OP, in all the complainant has paid Rs.3,83,584/- to the OP for processing his case. However, when the case of the complainant was not being processed by the OP, he requested the OP to change his from Federal Skilled Worker to Federal Skilled Fast Track Programe but inspite of this the OP has not processed his case and retained his valuable money. Hence alleging deficiency in service the complainant has filed the present complaint.
7. During the course of proceedings, the OP has voluntarily refunded Rs.3,83,584/- on 19.05.2015 which have been accepted by the complainant under protest. As per prayer clause of the complaint, in addition to refund of the deposited amounts with the OP, he has sought compensation for mental and physical harassment and costs of litigation. In our view, retention of the deposited amount without providing any services by the OP, therefore, is an act of deficiency in service and unfair trade practice which has caused him mental tension, harassment and forced him to file the present complaint
8. Thus, on all the counts i.e. illegal retention of the deposited amount, refund of deposited amount without interest and causing mental agony and harassment to the complainant, the OP has been found to be rendering deficiency in service and resulting into unfair trade practice. Therefore, the complaint deserves to be allowed and the complainant deserves to be compensated.
9. In view of the above discussion, the complaint is allowed with the following direction to the OP to:
(a) pay interest @ 9% per annum on the deposited amounts of Rs.1.00 lac w.e.f. 09.05.2012, on Rs.40,000/- w.e.f. 14.05.2012 and on Rs.2,43,584/- w.e.f. 07.06.2012, till 19.05.2015.
(b) pay a lump sum compensation of Rs.25,000/- (Rs. Twenty five thousand only) for 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.
July 27, 2015.
(Mrs. Madhu P. Singh)
President
(Amrinder Singh Sidhu)
Member
(Mrs. R.K. Aulakh)
Member
