Punjab

Faridkot

CC/21/39

Avtar Singh - Complainant(s)

Versus

Rudraksh Group Overseas Solutions - Opp.Party(s)

Anil Kumar Chawla

23 Nov 2021

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

Complaint No. :           39 of 2021

Date of Institution:      11.02.2021

Date of Decision :       23.11.2021

 

1. Avtar Singh, son of Mukhtiar Singh,
2. Mukhtiar Singh son of Joginder Singh,

Both residents of Near New Bus Stand, Backside Durga Mandir, H.No. 10, Ward N.8, Kotkapura, Tehsil Kotkapura, District Faridkot.

......Complainants

Versus

Rudraksh Group Overseas Solutions, SCO-15-16, Top Floor, Phase I, Mohali (Punjab) through its Director/Authorized Signatory/Prop/partner.

                                            ....Opposite Party

 

Complaint under Section 12 of the

Consumer Protection Act, 1986.

(Now, Section 35 of the Consumer Protection Act, 2019)

 

Quorum:     Smt Param Pal Kaur, Member,

                     Sh Vishav Kant Garg, Member.

Present:      Sh. Anil Chawla, Ld Counsel for complainant,    

                  OP Exparte.

ORDER

(Param Pal Kaur, Member)

                            Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops seeking directions

 

C.C. No. - 39 of 2021

to OP to refund the amount of Rs.7,82,500/- alongwith interest and for further directing them to pay Rs.5,00,000/- as compensation for mental agony and harassment besides litigation expenses of Rs.20,000/-.

2                                      Briefly stated, the case of the complainant is that being allured by OP that OP can get provided work permit and PR Visa for Cananda and abroad, complainants approached opposite party . OP assured complainants for visa and demanded Rs.30,500/-as preliminary fee which was deposited by complainants with OPs vide receipt no.800 Ref No. Aug/108 and on asking of OP, complainants further deposited Rs.7,52,000/-with OP vide cheque no.065875 dated 12.09.2017 and also provided requisite documents to OP. Complainant has alleged that even after expiry of period three years, OP have failed to provide visa or work permit to complainant no.1 for Canada. Grievance of the complainants is that despite repeated requests, OP have failed to provide visa or work visa to complainants and have also not refunded the amount received from them. Complainants have made several requests to Opposite Party to refund the preliminary fee and Rs.7,52,000/-, but OP keeps delaying the matter on one pretext or the other. Legal notice issued by complainants to OP to refund the amount received from them also served no purpose as they did not bother to give reply to that notice. All this  amounts to deficiency in service and

 

C.C. No. - 39 of 2021

trade mal practice on the part of OP and caused harassment and mental agony to him. He has prayed for accepting the present complaint alongwith compensation and litigation expenses besides main relief. Hence, the instant complaint.

3                                   The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 22.02.2021, complaint was admitted and notice was ordered to be issued to the opposite party.

4                                       Registered cover containing notice and copy of complaint alongwith relevant documents was sent to OP, but it did not receive back undelivered. Acknowledgment might have been mis-laid in transit. OP was presumed to be served, but on date fixed, OP did not appear in the Commission either in person or through counsel and therefore, vide order dated 13.09.2021, OP was proceeded against exparte.

5                              The Ld Counsel for complainant tendered in evidence affidavit of complainant no. 1 Ex.C-1 and documents Ex C-2 to C-12 and then, closed the evidence.

6                                     As there is no rebuttal from Ops side, therefore, ld counsel for complainant advanced exparte arguments. Ld Counsel for complainant vehementally argued that on assurance of OP that they would send

 

C.C. No. - 39 of 2021

him to Canada on work visa, complainant paid them Rs. 30,500/- as preliminary fee and Rs.7,52,000/- through cheque dated 12.09.2017 alongiwth other requisite documents as demanded by OP. OP assured to arrange work visa, but despite completion of three years, OP neither arranged work visa for him for going to Canada nor sent him to Canada. They also did not refund his huge amount of Rs.7,52,000/-, which they received through cheque dated 12.09.2017. Complainant made several requests to OP to send him to Canada, but every time they lingered on the matter on one pretext or the other. Complainant also served legal notice to OPs wherein requested them to either send him to Canada or to refund his amount of Rs.7,52,000/- alongwith interest, but OP did not do anything needful. All this amounts to deficiency in service for which he has prayed for compensation and litigation expenses besides the main relief.

7                                We have heard the ld Counsel for complainant and have also gone through the pleadings and evidence produced on record by complainant party.

8                                   The case of the complainants is that complainant no.1 wanted to go abroad and for this purpose on assurance of OPs, they paid them Rs.7,52,000/- as cost for sending him to Canada alongwith Rs.30,500/-as

 

C.C. No. - 39 of 2021

preliminary charges. It was agreed between parties that if OP failed to send him to Canada, they would refund the entire amount. Complainant was not sent to Canada by OP and therefore, he requested for refund of his amount. Several requests and legal notice issued by complainant to get refund of his amount turned futile, which amounts to deficiency in service and has caused mental agony and harassment to complainant. On the contrary, there is no reply or rebuttal from OP’s side. Ex C-2 copy of receipt no.800 dated 31.08.2017 proves the fact that OP received Rs.30,500/-from complainant. Document Ex C-3 copy of cheque dated 12.09.2017 also proves the pleading of complainant that he paid Rs.7,52,000/- to OP through cheque. Complainant has further relied upon document Ex C-12 that is copy of folio of bank account pass book of complainant showing the transaction dated 13.09.2017. This document itself speaks out that Rs.7,52,000/-were debited from the account of complainant and were duly credited in the account of Rudraksh Group/OP on 13.09.2017. Bare perusal of Ex C-4 which is copy of agreement occurred between parties, proves the fact that OP assured to send the complainant to Canada and in case, they fail to send the complainant abroad, then, 75% of  amount of complainant would be returned to him within three months. Ex C-5 to Ex C-9 are copies of letters issued by Opposite Party to complainant, wherein they have used delaying

 

C.C. No. - 39 of 2021

tactics to assure complainant that he would soon get visa. Every time  delay is shown to be caused on the basis of Temporary Foreign Worker Program Policies. Legal notice Ex C-10  also justifies the pleadings of complainant.

9                                           From the above discussion and in the light of documents placed on record, there remains no doubt that complainant is the consumer of Opposite Party and he paid Rs.30,500/-to OP vide receipt dated 31.08.2017 and Rs.7,52,000/-through cheque dated 12.09.2017. All documents placed on record by complainant are fully authentic and are beyond any doubt. Action of OP in not arranging visa or work permit for complainant amounts to deficiency in service and failure on the part of OP in not refunding the amount received from complainant within three months amounts to trade mal practice. Complainants have succeeded in proving their case and therefore, complaint in hand is hereby allowed. Opposite Party is hereby directed to refund the amount of Rs.30,500/- and Rs.7,52,000/- to complainants alongwith interest at the rate of 5% per anum from the date of payment till final realization and are further directed to pay Rs.5,000/- as compensation for mental agony and harassment suffered besides litigation expenses of Rs.3,000/-. Compliance be made within one month from the date of receipt of the copy of the order failing which complainant shall be entitled to initiate proceedings under Section 71 and 72 of

 

C.C. No. - 39 of 2021

Consumer Protection Act. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room. 

Announced in Open Forum

Dated: 23.11.2021

                                       (Vishav Kant Garg)               (Param Pal Kaur)   

                                        Member                                President

                                      

 

 

C.C. No. - 39 of 2021

Avtar Singh   Vs  Rudraksh Group

 

Present:      Sh. Anil Chawla, Ld Counsel for complainant,     

                  OP Exparte.

                    Arguments heard. Vide our separate detailed order of even date, complaint case in hand is hereby exparte allowed.  Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room. 

Announced in Open Forum

Dated: 23.11.2021

                                       (Vishav Kant Garg)               (Param Pal Kaur)  

                                        Member                                President