DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

Complaint Case No : CC/152/2023

Date of Institution   : 22.12.2023

Date of Decision    : 12.06.2024

Khushdeep Kaur daughter of Davinder Singh, Gram Panchayat Kothe sran, Handiaya, Bazar, 148107.        

                          …Complainant Versus

1.Raffles Educity Pvt Ltd.

2.Jaswinder Kaur SCO-459,460, Second Floor, Sector-35 C, Chandigarh, 160022 (Address of both parties). 

                            …Opposite Parties

Complaint Under Section 35 of Consumer Protection Act, 2019.

Present: Sh. RS Dhaliwal counsel for complainant.

Opposite parties exparte.

Quorum:-

1. Sh. Jot Naranjan Singh Gill : President

2.Smt. Urmila Kumari : Member

3.Sh. Navdeep Kumar Garg : Member

 

ORDER BY JOT NARANJAN SINGH GILL, PRESIDENT:

The complainant namely Khushdeep Kaur has filed the present complaint under Section 35 of the Consumer Protection Act 2019, (amended upto date) against Raffles Educity Pvt Ltd. and Jaswinder Kaur SCO-459,460, Second Floor, Sector-35 C, Chandigarh, 160022 (hereinafter referred as opposite parties).  

2. The facts leading to the present complaint are that the complainant approached the opposite parties to get Study Visa of Canada for Cambrain college on 17.8.2023 and Jaswinder Kaur had dealt with the matter of the complainant and complainant was advised by her to pay Rs. 8,550/- for the same as a fee to get offer letter of the Cambrain College. She was further advised by Consultant Jaswinder Kaur to apply for one more college i.e. UCW (University Canada West) which was free of cost as far as its offer letter is concerned. It is further alleged that complainant deposited to the Raffles educity, the said amount ONLINE through her paytm UPI id on 17.8.2023. When the complainant has not received any offer letter as assured by the Raffles Educity and she demanded her money back, opposite parties started ignoring her requests again and again and till date she has not received a single penny from opposite parties. Apart from verbal requests complainant had even sent her brother to opposite parties office and as was advised by opposite parties high officials she had even withdrawn her file process from the institute, but all in vain. So, there is clearly shows that there is negligence and deficiency in the service on the part of the opposite parties which has caused mental torture, harassment and agony to the complainant and now opposite parties are adamant not to return the amount deposited by the complainant for the offer letter of the Cambrain College. Hence, the present complaint is filed for seeking the following reliefs.- 

(i)The opposite parties may kindly be directed to pay the complainant a reasonable compensation for mental torture and harassment.

(ii)To return the amount of Rs. 8,550/- paid by the complainant to Raffles educity and pay the litigation fee of Rs. 30,000/-. 

3. Notice was sent to the opposite parties, but opposite parties failed to appear and were proceeded against exparte vide order dated 9.2.2024. 

4. In exparte evidence the complainant tendered into evidence her own affidavit Ex.C-1, copy of legal notice Ex.C-2, copy of Paytm receipt Ex.C-3 and closed the evidence.           

5. We have heard the Ld. Counsel for the complainant and have gone through the record. Written arguments filed by the complainant. 

6. In order to prove her case, the complainant has placed on record her detailed affidavit Ex.C-1 vide which the complainant reiterated the averments as mentioned in the complaint. The complainant has further placed on record legal notice dated 15.11.2023 Ex.C-2 which was sent by the complainant to the opposite parties. The complainant also placed on record copy of Paytm receipt Ex.C-3 which shows that the complainant has paid Rs. 8,550/- to Raffles Educity ICICI Bank with UPI Ref No. 3595272 79528 on 17 Aug 2023 at 04:38PM. 

7. So from the perusal of record it is established that the complainant has approached the opposite parties to get Study Visa of Canada for Cambrain College on 17.8.2023 and the opposite parties advised the complainant to pay Rs. 8,550/- as fee to get offer letter of the Cambrain College and this fact was proved from Ex.C-3 the Paytm receipt. Moreover, the complainant has also sent legal notice dated 15.11.2023 Ex.C-2 through counsel to the opposite parties vide which the complainant requested the opposite parties to refund the amount of Rs. 8,550/- which was deposited by the complainant because the complainant has not received the offer letter from the opposite parties despite repeated requests, but the opposite parties have failed to give any reply to the legal notice. 

8. On the other hand, the opposite parties have preferred to remain exparte and no one has come forwarded from the side of the opposite parties to contest the allegations of the complainant, which are otherwise appears to be genuine and supported by documents, in that event, we have no alternative except to believe the evidence produced by the complainant, which is un-rebutted. Hence, the opposite parties are liable for the deficiency in services and unfair trade practice. 

9. As a result of the above discussion, the present complaint is partly allowed against the opposite parties and the opposite parties are directed to refund the amount of Rs. 8,550/- deposited by the complainant. The opposite parties are further directed to pay Rs. 3,300/- as consolidated amount of compensation for causing mental torture, harassment and agony alongwith litigation expenses to the complainant.   

10. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order.

11. Copy of this order be supplied to the parties free of costs as per rules. File be consigned to the records after its due compliance. 

ANNOUNCED IN THE OPEN COMMISSION:

       12th Day of June, 2024

 

            (Jot Naranjan Singh Gill)

            President

 

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member