Argued by:       Sh.Naveen Singh Panwar, Adv. for complainant.

Sh.Ranwinder Singh, Adv. for OPs

PER SHRI JAGROOP SINGH MAHAL, PRESIDENT

             Succinctly put, the complainant contacted OPs in Jan, 2008 for doing Masters in Education from Sweden.  OPs told the complainant to qualify IELTS test first, which is mandatory for an education visa for higher studies in Sweden. The complainant took admission in IELTS course at GREY MATTERS, Sector 17-C, Chandigarh and paid a sum of Rs.11,400/- as course fees for the same. After completing IELTS the complainant visited the Office of the OPs, so that the matter for an education visa for higher studies in Sweden could be proceeded further.  The OPs told the complainant to bring some documents and Rs.15,000/- [This fees of Rs.15,000/- was lump sum payment for getting the offer letter for admission from 3-4 Universities from Stockholm and adjoining area in Sweden and for education visa].  The complainant stated that he deposited the required documents alongwith Rs.15,000/- in the  office of the OPs on 10.09.08. As per the complainant he visited the office of the OPs from time to time for further information and follow up of his case, but the OPs never gave him any satisfactory answer and did not even send any letter to him as was promised by them. Till date the OPs are not able to provide the services required by the complainant. The complainant finally sent a legal notice to the OPs but the same was also not responded till date by the OPs. Hence this complaint alleging that the aforesaid acts of the OPs amount to deficiency in service and unfair trade practice. The complainant has prayed that OPs be directed to refund the total amount paid by him and compensation towards mental agony and harassment caused to him by the OPs.

2.               Notice was served to the OPs. In their written reply the OPs admitted the factual matrix of the case. The OPs submitted that the complainant has not submitted the required documents till date, which were required to proceed further. OPs stated that they tried several times to contact the complainant to ask him to submit the required documents but every time the mobile number of the complainant remained switched off and the complainant never fulfilled the required formalities. OPs further stated that it was due to the negligence of the complainant that he could not get proper services from the OPs.  As per the OPs, they have replied the legal notice on 25.09.09, which was sent through the complainant. Denying all the material allegations of the complainant, the OPs pleaded that there has been no deficiency in service or unfair trade practice on their part and prayed for dismissal of the complaint. 

3.               Parties led evidence in support of their contentions.

4.               We have heard the Learned Counsel for the parties and have also perused the record including the written arguments. 

5.               The OPs have admitted that the complainant contacted them in Jan., 2008 for going to Sweden on Student Visa and was imparted IELTS training by the institute.  It is also admitted that they obtained from the complainant Rs.15,000/- vide Receipt Ann.C-3.  There is no dispute about it that the OPs have not processed his case and even the papers have not been sent to Sweden for procuring Student Visa for him.  Their contention is that after paying the said fee, the complainant did not handover to them the requisite documents, which were necessary for processing his case for Student Visa.  However, the complainant has mentioned in Para No.6 of his complaint and affidavit that he was told by the OPs to bring certain certificates, passport size photographs, appreciation letters and Rs.15,000/- as fee for processing his application.  It is further mentioned by him in Para No.7 of the complaint and affidavit that he arranged all the said documents in five sets and paid Rs.15,000/- as fee on 10.9.2008 on which date the receipt Ann.C-3 was issued to him.  The contention of the OPs is that they contacted the complainant a number of times to bring the required documents but every time his mobile phone remained switch off.  The OPs have not attached the statement of their phone/mobile phone to suggest as to when they tried to contact him and when the call did not mature.  If the complainant was not being contacted on mobile phone, the OPs could have written a letter to him but they did not.  It shows that the OPs have now coined a false excuse to justify their inaction in the matter.

6.               Even viewed from another angle, the OPs were deficient in rendering the service.  The amount of Rs.15,000/- was obtained by the OPs for processing his Student Visa for Sweden.  Admittedly, the OPs have not processed the Student Visa of the complainant and therefore, they are not entitled to retain the said amount of fee.  The complainant is supported in this respect by an authority Sunrise Consultancy Vs. Daksheshbhai Kantibhai Patel & Anr. 2008(1) CPC 346 (NC).  It is a case in which the OPs after obtaining all the documents and fees did not do anything to procure the Student Visa for the complainant.  They rather wasted a valuable year of the complainant.  Needless to mention that the complainant who was expecting his Student Visa in time could not have under taken any other job or work, however, he was being mentally and physically harassed by the OPs as he used to contact them for getting further information for follow-up of his case and called them many times on phone but they never gave him any satisfactory answer as mentioned in Para No.8 of the complaint and affidavit.

7.               In view of the above discussion, we are of the opinion that the present complaint must succeed.  The same is accordingly allowed.  The OPs are directed to refund the amount of Rs.15,000/- to the complainant and to pay him a compensation of Rs.25,000/- along with litigation cost of Rs.5000/- within 30 days from the date of receipt of copy of this order, failing which the OPs would be liable to pay the entire amount along with interest at the rate of 12% per annum since the date of filing the present complaint i.e. 5.10.2009 till the amount is actually paid to the complainant. 

              Certified copies of this order be sent to the parties free of charge.  The file be consigned.