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

                                  Consumer Complaint No.214 of 2016

                                         Date of institution:  18.04.2016                                            Date of decision   :   16.08.2016

Surinder Kumar son of Braham Chand, resident of # 2787, New Dainik Bhaskar, Sector 25, Chandigarh.

……..Complainant

Versus

1.     Paramount Consultants/Mohali Paramount Consultants, SCO 121, Second Floor, Phase-7, Mohali through its Director Avtar Singh.

2.     The Manager, Vikas Kumar, Paramount Consultants/ Mohali Paramount Consultants, SCO 121, Second Floor, Phase-7, Mohali.

3.     Ms. Gurleen Kaur, Counselor, Paramount Consultants/ Mohali Paramount Consultants, SCO 121, Second Floor, Phase-7, Mohali.

…..Opposite Parties

Complaint under Sections 12 to 14 of the Consumer Protection Act

Quorum

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

Present:     Complainant in person.

                Opposite Parties ex-parte.

ORDER

By Ajit Pal Singh Rajput, President

                Complainant, Surinder Kumar son of Braham Chand, resident of # 2787, New Dainik Bhaskar, Sector 25, Chandigarh, has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 12 to 14 of the Consumer Protection Act(hereinafter referred to as Act). The brief facts of the complaint are as under:

2.             The OPs are dealing in the business of providing work visa and study visa. The complainant approached the OPs for getting work visa of Canada. The OPs assured the complainant that they would provide the work visa of Canada from some company within six months. Accordingly, the complainant paid Rs.22,780/- to the OPs on 19.02.2015 vide receipt No.402. At that time the OPs assured that if they could not provide the work visa of any country within six months, this amount would be refunded to the complainant.  The complainant approached OP No.3 on 24.03.2013, who asked for remaining payment of Rs.50,000/- which was paid by the complainant on 24.03.2015 itself.  Thus, the complainant had paid a total sum of Rs.72,780/- to the OPs. After completion of six months, OP No.3 handed over to the complainant offer letter issued by company Saputo Dairy Products Canada G.P. After perusing the letter which had no signatures or stamp and seems to be fake letter, the complainant asked the OPs for refund of the deposited amount.  More than one year has passed but still the OPs neither have provided the visa to the complainant nor refunded the amount and now the OPs have also changed their name. The complainant got served a legal notice dated 21.02.2016 upon the OPs but inspite of that the amount has not been refunded to him. The act and conduct of the OPs show clear cut unfair trade practice and deficiency in service on their part. Hence this complaint for giving directions to the OPs to refund to the complainant the deposited amount of Rs.72,780/- alongwith interest; to pay him compensation to the tune of Rs.50,000/- on account of his visits to the office of the OPs; to pay him Rs.1,00,000/- on account of physical harassment, mental agony and financial loss and litigation costs to the tune of Rs.15,000/-.

3.             Notices sent to the OPs were received back with the report of refusal.  Thus, presuming their due service as per Section 28-A (3) of the Consumer Protection Act and none having appeared for them, the OPs were proceeded against exparte vide order dated 03.06.2016.

4.             In order to prove the case, the complainant tendered in evidence his affidavit Ex. CW-1/1; copies of receipt dated 19.02.2015 Ex.C-1; receipt dated 24.03.2015 Ex.C-2; offer letter Ex.C-3; legal notice dated 22.02.2016 Ex.C-4 and postal receipt Ex.C-5.

5.             The complainant has pleaded that the OPs had indulged in unfair trade practice by receiving a sum of Rs.72,780/- (Ex-C1 & Ex-C2) for providing work visa at Canada. He also pleaded that after 6 Months from the date of receipt of payment, the OPs provided a fake job offer letter. The complainant submitted that it has been more than 1 year the OPs are not refunding the payment nor providing any job and is making lame excuses to avoid refund of the payment. 

6.             After hearing the complainant and going through the pleadings, evidence produced by the complainant and the oral arguments and written submissions, it is established from the material placed on record that the complainant had deposited a sum of Rs. Rs.72,780/- (receipts, Ex-C1 & Ex-C2) for getting a job at Canada. It is also proved on record by the affidavit of complainant i.e Ex-CW1/1, that the OPs had promised the complainant that in case the OPs were unable to provide job at Canada, within a period of 6 Months, the OPs shall refund the total payment received. We have perused the job offer letter i.e. Ex.C-3, the said letter is without any letter head, no name and signatures of issuing authorized person are there on it and there is no contact number or Email. In our opinion, in absence of the aforesaid requisite particulars, the said letter cannot be treated as authenticated document. The OPs had indulged in unfair trade practice by misleading the complainant and thereafter by not refunding the total consideration amount received.

7.             Accordingly, in view of our aforesaid discussion and the evidence tendered on record by the complainant, we find that the OPs had intentionally indulged in unfair trade practice by misleading an innocent consumer. Hence, we direct the OPs to refund a sum of Rs.72,780/- (Rs. Seventy two thousand seven hundred eighty only) alongwith 8% interest from the date of deposit of the payment i.e. receipt dated 24/03/2015(Ex.C-2). We also find that the complainant is entitled to compensation on account of mental agony amounting to Rs.15,000/-  (Rs. Fifteen thousand only) alongwith litigation cost of Rs.5,000/- (Rs. Five thousand only).

                The OP are further directed to comply with the order of this Forum within 45 days from the date of receipt of this order, otherwise 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 08.08.2016 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