CONSUMER DISPUTES REDRESSAL FORUM – X

GOVERNMENT OF N.C.T. OF DELHI

Udyog Sadan, C – 22 & 23, Institutional Area

(Behind Qutub Hotel)

New Delhi – 110 016

Case No.546/2013

SMT. INDER JIT KAUR

THROUGH A R SHRI SUNIL NEHRA

PERMANENT R/O MOHALLA SANTOKHPUR,

VPO SRI HARGOVINDPUR

TEHSIL BATALA, DISTT. GURDASPUR,

PUNJAB(INDIA)

CORRESPONDENCE ADDRESS

SHRI SUNIL NEHRA,

31/A SAURABH VIHAR, JAITPUR ROAD,

BADARPUR, NEW DELHI-110044

…………. COMPLAINANT                                                                                      

                                    VS.

M/S REAL SERVICES INC.

THROUGH ITS PROPRIETOR

SHRI SURESH DUTT SHARMA

D-3, (LGF), MAIN ROAD,

KALKAJI(NEAR C BLOCK PARK)

NEW DELHI-110019

      …………..RESPONDENT

Date of Order: 22.02.2016

O R D E R

A.S. Yadav – President

Complainant has filed complaint through her attorney Shri Sunil Nehra.  The copy of the attorney placed on the record. 

In brief the case of the complainant is that she was working at Escorts Heart Institute and Research Centre, New Delhi when she decided to got to Canada on permanent residence visa.  Complainant approached OP for availing his services for applying and getting a Permanent Residence Visa to Canada.  Accordingly complainant signed the agreement with OP on 29.06.2010 and paid an amount of Rs.2,95,000/- vide receipt No.380 dated 29.06.2010.  After the agreement, complainant provided all the documents to OP that were required for applying for the Permanent Residence Visa. 

It is further stated that vide letter dated 09.12.2010 OP informed complainant that there is a cap of 1000 applications per occupation from all over the world and in the case of complainant that cap has not reached its full.  Vide letter dated 11.12.2010, OP informed complainant that her application is ready to be lodged with Citizenship and Immigration Canada, hence a demand draft of CAN # 1100 favouring Receiver General for Canada is required to be sent.  Accordingly, complainant sent the said draft to OP.  Vide letter dated 15.12.2010 OP informed complainant that only 807 applications have been received in the category of registered nurses from all over the world and 1000 federal skilled worker applications per eligible occupation will be considered for processing.  Vide letter dated 28.12.10, OP informed complainant that her application for Permanent Residence Visa has been sent for process to Canada on 01.01.2011. 

It is further stated that on 01.07.2011 OP informed complainant that her application was returned from Canadian Immigration Office due to the cap of 1000 and attached with this the letter received from the Citizenship & Immigration Canada to the said effect but this letter was dated 13.01.2011.  When complainant protested against this unprofessional approach of OP, OP offered her another Plan i.e. Quebec plan and assured her that if she opts for it, she will be granted the Visa and demanded additional Rs.90,000/- for switching to Quebec plan.  Complainant paid Rs.90,000/- to OP vide and receipt No.462 dated 20.07.2011.  Once again complainant received a letter from Citizen & Immigration Canada dated 13.10.2011 informing complainant that her application for permanent residence in Canada as a Federal Skilled work is found not eligible as the same was received after the cap reached its number.  Complaint brought it to the notice of OP and OP assured her that he would try to accommodate her application in the next batch or would refund her the amount paid by her.

It is further stated that on 06.02.2012, OP sent a letter to complainant informing that OP has once again sent the Visa application for lodgment with his associates in Canada and demanded a fresh DD of Canadian dollars $562 in favour of “Ministre Des Finaces Du Quebec” which the complainant sent to OP.  In August 2012, OP demanded another DD for Canadian dollars 906 to be paid as fee to the Canadian Immigration authorities.  .  However OP neither sent any information on her Visa application to the complainant nor she got any letter/information from the CIC.  Complainant demanded her money back from OP but OP has failed to pay back the amount of Rs.3,85,000/- to complainant.  Complainant made a complaint to the Police on 17.12.2012 but the response from Delhi police was that several other cases have been registered against the OP.  It is prayed that OP be directed to refund a sum of Rs.3,85,000/- alongwith interest @ 12% and also to pay Rs.3 lakhs for compensation.

OP was proceeded ex parte.

We have heard Ld. Counsel for the parties and carefully perused the record.

In fact it is proved from the unchallenged testimony of attorney of the complainant that there has been deficiency in service on the part of OP.  Complainant has duly complied with all the requirements of the OP but it is the OP who has failed to submit the application within time.  Complainant was justified in asking for the refund of the money paid by her.

OP is directed to pay a sum of Rs.3,85,000/- alongwith interest @ 10% p.a. from the date of filing of the complaint.  OP is further directed to pay Rs.10,000/- as compensation and Rs.5,000/- towards litigation expenses.

Let the order be complied with within one month of the receipt thereof.  The complaint stands disposed of accordingly.

            Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.

             (D.R. TAMTA)                                                         (A.S. YADAV)

                 MEMBER                                                               PRESIDENT