Complainant Gurinder Singh through the present complaint filed under Section 12 of the Consumer Protection Act, 1986 (for short, ‘the Act’) has prayed that opposite parties be directed to refund Rs.2,00,000/- with interest @ 12% per annum from the date of payment till its realization alongwith compensation for mental agony and harassment Rs.50,000/- and Rs.50,000/- as litigation expenses to him, in the interest of justice.   

2. The case of the complainant in brief is that after reading the advertisement given by the opposite parties in the daily Punjabi Ajit Newspaper at Gurdaspur, he approached the opposite parties firstly on telephone and several communications took place between him and the opposite parties for sending him abroad from Dhariwal. They assured him that they have suitable job for him at Malaysia and also assured of sending him to Malaysia on work permit with handsome salary package. He fell into their trap and the deal was settled at Rs.2,00,000/-. The opposite parties gave their account No. of PNB in which the part payment was made from Dhariwal and Rs.80,000/- was taken as loan from Commission Agent at Dhariwal by his father which was deposited with the opposite parties vide receipt No.1 dated 15.05.2013 and Rs.35,000/- as expenses of Ticket was received by the opposite parties from him on 14.5.2013 and the acknowledgement of the same was received at Dhariwal. He has next pleaded that after receiving the consideration of Rs.1,50,000/- the opposite parties demanded for Rs.30,000/- for Hotel Booking at Delhi and issued Booking Vouchers to him. When he reached at Delhi in the Hotel booked by the opposite parties, he was flabbergasted to hear from the Hotel Authorities that the booking vouchers are fake. He was left in lurch and his hopes for going to Malaysia on work permit fizzed out. The opposite parties cheated him on the pretext of sending him to Malaysia on work permit. Non sending of him by the opposite parties after receiving the full consideration of Rs.2,00,000/- is deficiency in service and unfair trade practice.  The opposite parties are habitual of cheating innocent people on the pretext of sending them abroad on work visas and have cheated numerous innocent people by extracting exorbitant money from them on the pretext of providing them employment in foreign countries. Then  a FIR u/s 420/120-B IPC was got registered against the opposite parties by one Tarsem Singh son of Karam Singh, Village Deenpur PO Dhariwal who was also cheated by opposite parties on the pretext of sending his sons abroad.  He approached the opposite parties numerous times for the refund of their money, but the opposite parties kept on procrastinating his genuine requests on one pretext or the other and till date the amount has not been returned by the opposite parties. Thus, there is deficiency in service on the part of the opposite parties. Hence this complaint.

3.          Service of opposite parties through publication in news paper ‘Punjabi Jagran’ had been made. Case called several times but none had come present on behalf of opposite parties. Hence, opposite parties were proceeded against exparte vide order dated 09.5.2018.

4.        Ld.counsel for the complainant tendered into evidence affidavit of complainant Ex.C1 along with documents Ex.C2 to Ex.C17 and closed the evidence.

5.       Ld.counsel for the complainant has argued that the complainant contacted the opposite parties to send him to Malaysia on work permit and opposite parties received Rs.2,00,000/-. After receiving the consideration of Rs.1,50,000/- the opposite parties demanded for Rs.30,000/- for Hotel Booking at Delhi and issued him Booking Vouchers but the booking vouchers were fake. Thus opposite parties cheated him on the pretext of sending him to Malaysia on work permit. Non sending him to Malaysia by the opposite parties after receiving the full consideration of Rs.2,00,000/- is deficiency in service and unfair trade practice.  The complainant in order to prove the entire version relied upon his duly sworn affidavit Ex.C-1 which fully proves that the complainant availed the services of the opposite parties after reading advertisement given by them in Daily Ajit News Paper at Gurdaspur. The copies of payment of receipts given to the complainant by the opposite parties are Ex.C-2 and Ex.C-3 alongwith other photocopies of documents Ex.C-4 to Ex.C-17 is also placed on record to prove that he paid Rs.1,15,000/- to the opposite parties.   On the other hand none appeared on behalf of opposite parties Even after service of notice and publication in Punjabi Jagran News paper. Lastly on 09.05.2018 the opposite parties were ordered to be proceeded against exparte. The evidence produced on the record by the complainant remained unrebutted and unchallenged. The opposite parties never appeared and preferred to become exparte. Hon’ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh  also held in first appeal No.296 of 2017 decided on 07.02.2018 titled as Dalvir Singh Dhaliwal Vs. Worldwide Immigration Consultancy Service Ltd etc  that the complainant is entitled to the refund of entire amount which he has paid to the opposite parties as the opposite parties are deficient in providing proper service to the complainant.   

6.      From the entire above discussion, it stands fully proved on record that the opposite parties failed to pay back payment of Rs.1,15,000/- as paid to the opposite party  by the complainant to send him to Malaysia. As such the complainant is entitled to the amount of Rs.1,15,000/- from the opposite parties.

7.       Resultantly, we partly allow the complaint exparte with costs and the opposite parties are directed to make payment of Rs.1,15,000/-  to the complainant. Compliance of the order be made within one month from the date of receipt of copy of this order, failing which the opposite parties shall be liable to pay the interest @6% per annum on the aforesaid amount of Rs.1,15,000/- from the date of passing of order till the payment is made to the complainant. The opposite parties are also directed to pay Rs.15,000/- as compensation while litigation expenses are assessed at Rs.10,000/- to the complainant.

8.        Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

 ANNOUNCED:                   (Rachna Arora)                   (Rajita Sareen)

 December 17, 2018.                    Member                         Presiding Member

 MK