Haryana

Kurukshetra

CC/241/2021

Anisha Saini D/o Angrej Singh - Complainant(s)

Versus

Pyramid E Services - Opp.Party(s)

In Person

18 Nov 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL  COMMISSION, KURUKSHETRA.

                                                     Complaint Case No.241 of 2021

                                                     Date of institution: 19.08.2021

                                                     Date of decision:18.11.2021.

                         

Anisha Saini daughter of Sh.Angrej Singh resident of village Kaulapur, Tehsil Thanesar District  Kurukshetra.

                                                                …Complainant.

                        Versus

Pyramid E-Services/SCO 73,74,75 2^nd Floor, Above Hot Millions Sec. 17 D, Chandigarh, 160017.  Chandigarh  CHD  @ Gma il.com.

….Opposite party.

Before:      Smt. Neelam Kashyap, President.

                Ms. Neelam, Member.

                Sh.  Issam Singh Sagwal, Member.

       

Present:     Complainant in person.

                OP ex parte.

ORDER

                This is a complaint under Section 35 of the Consumer Protection Act, 1986 moved by complainant Ms.Anisha Saini  against  Pyramid E services, the opposite party.

 

2.            It is stated in the complaint that the complainant had applied for computer information and technology program at Lethbridge College, Lethbridge, Canada on the 8^th of June 2019 through Pyramid e services and paid the total amount of Rs.11370.(Rs.1180 for registration and Rs.10180/- for college application fee). They first  told her that they mistakenly changed the application fee for Lethbridge University of Rs.10180/- , while she had asked to apply in college. Therefore, when she wanted to apply in the college they agreed to pay back the amount of Rs.1500/- by  cheque within next 15 days which she had not received yet.  It is further stated that  till date, she has not received. Accordingly to their statement, rest of the amount they utilized  to apply to Lethbridge college.  They have her timeline for  three months. She waited for three months but they had not provided any updates regarding application.  Meanwhile, she mailed to Lethbridge college, just to confirm  whether they have received her application or not. Surprisingly,  the authorized person from college replied to the complainant that they did not received any application with the name of Anisha.   That the complainant  shared the said  details with the OP and further asked about the reason for not applying the application but they failed  to give the details. After that, when the complainant asked to refund the amount that she had paid or explain the reasons for not applying, they again did not provide her with any satisfactory reply. Overall, in this way they wasted more than two years of her time. The Ops never shared a single proof of applied application.  It is further submitted that due to this fraud by the Ops, she lost her educational carrer.   She scored overall 7 bands in IELTS and due to such a bad experience with a visa agency, she was not able to pursue her abroad education.   She dropped her one year education in a local college.  Throughout this time, she have gone through a lot of stress due to this fraud and now  she also had to drop her  plan to study abroad. She waited for one year  and lot of money (IELTS education and Exam fee, college application fee, travelling cast and other expenses.). It is further submitted that from the time, she had conversation with the authorized person of the Lethbridge college. She requested again and again to the Ops either to provide her with any proof explaining the status of her application  that they told they have applied or to refund her amount but Ops never replied appropriately which amounts to deficiency in services on the part of the Ops. Thus, the complainant has filed the  present complaint alleging deficiency in services on the part of the Ops and prayed that they  be directed to pay overall amount i.e. Rs.11360/-  and to pay compensation of Rs.4.00 lacs for mental torture and unfair trade practice, hardship and harassment and Rs.500/- for the litigation expenses.

 

3.             The OP was summoned. The OP was duly served but failed to appear and contest the present complaint. Therefore, vide order dated 13.10.2021, the OP was  proceeded against ex parte.

 

4.             The complainant in support of her case has filed her affidavit Ex.CW1/A and tendered documents Ex.C-1 to Ex.C-6 and evidence of the complainant was closed.

 

5.             We have heard the complainant and gone through the material available on the case file.

 

6.             The  complainant while  reiterating the averments made in the complaint has argued that she had applied for computer information and technology program at Lethbridge College, Lethbridge, Canada on the 8^th of June 2019 through Pyramid e-services and paid the total amount of Rs.11370.(Rs.1180 for registration and Rs.10180/- for college application fee). They told her that they mistakenly changed the application fee for Lethbridge University of Rs.10180/- , while she was asked to apply in college. Therefore, when she wanted to apply in the college they agreed to pay back the amount of Rs.1500/- by cheque within next 15 days which she had not received yet.  It is further argued that till date, she has not received any amount from the  Ops. According to their statement, rest of the amount they utilized  to apply to Lethbridge college.  They have  given  her timeline for  three months. She waited for three months but they had not provided any updates regarding application.  Meanwhile, she mailed to Lethbridge college, just to confirm  whether they have received her application or not. Surprisingly,  the authorized person from college replied to the complainant that they did not received any application with the name of Anisha.   It is further  argued that the complainant  shared the said  details with the OP and further asked about the reason for not applying the application but they failed  to give the details. After that, when the complainant asked to refund the amount that she had paid or explain the reasons for not applying, they again did not provide her with any satisfactory reply. Overall, in this way they wasted more than two years of her time. The Ops never shared a single proof of applied application.  It is further submitted that due to this fraud by the Ops, she lost her educational carrer. Thus, it is argued that the OP has committed unfair trade practice and she is entitled to refund of the amount paid by her and compensation.

 

7.             From the submissions made by the complainant, it is established that she  had applied for computer information and technology program at Lethbridge College, Lethbridge, Canada on the 8^th of June 2019 through Pyramid e-services and paid the total amount of Rs.11370.(Rs.1180 for registration and Rs.10180/- for college application fee). Payment of fee including other amount is duly proved fromEx.C-1. Therefore, it is proved that the OP took the amount and application from the complainant and failed to apply to the concerned college. From the e-mails and documents it is also proved that the OP has  also failed to refund the amount and thus misguided the complainant and committed unfair trade practice. This version of the complainant goes completely unrebutted and unchallenged because OP failed to appear and contest the case despite due service. Therefore, OP was proceeded against ex parte vide order dated 13.10.2021. Therefore, deficiency in services and unfair trade practice is proved on the part of the OP and the complainant is entitled to refund of the amount paid by her and compensation.

 

8.             In view of our above discussion, we accept the present complaint and direct the OP to refund the amount of Rs.11360/- to the complainant alongwith interest @ 6% per annum from the date of institution of the present complaint i.e.  19.08.2021 till its actual realization. The OP shall also pay the sum of Rs.5000/- to the complainant for the mental harassment and agony caused to her and the litigation expenses.  The OP is further directed to make the compliance of this order within a period of 30 days from the date of receipt of the copy of this order, failing which the complainant shall be entitled to initiate proceedings u/s 71 of the Consumer Protection Act. Copy of the order be supplied to the parties  as per rules and the file be indexed and consigned to the record room after due compliance.

 

Announced in the Open Commission

Dated: 18.11.2021.     

                                                                               President.

 

                                      Member          Member.