Haryana

Ambala

CC/334/2023

NITIN VERMA - Complainant(s)

Versus

RUDRAKSH GROUP. - Opp.Party(s)

JS ATRI.

14 Jun 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	334 of 2023
Date of Institution	:	02.11.2023
Date of decision	:	14.06.2024

Nitin Verma aged about 38 years son of Shri Krishan Kumar, previously resident of 376/1, Sector-1 Jail Land, Ambala City and at present resident of Kothi No.69, Sector-1 Jail Land, Ambala City.

          ……. Complainant.

Versus

Rudraksh Group, SCO No.15-16, Top Floor, Phase-1, Mohali (Punjab), through its Managing Director/Authorized Signatory.

….….  Opposite Party

Before:         Smt. Neena Sandhu, President.

                      Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Shivam Atri, Advocate, counsel for the complainant.                                                                                                                                 Defence of OP already struck off.                 

Order:        Shri Vinod Kumar Sharma, Member.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To return the amount of Rs.5,90,500/-, alongwith interest @18% per annum from the actual date of receipt.  
2. To return the original passport of the complainant which is in illegal possession of the OP.
3. To pay Rs.10,00,000/- as compensation for the mental agony and physical harassment suffered by the complainant.  
4. To pay Rs.33,000/- as legal fee.  

OR

Grant any other relief which this Hon’ble Commission may deems fit.

2.           Brief facts of the case are that the complainant passed Diploma in Automobiles from Polytechnic College, Ambala City in the year 2004 and thereafter joined the Sant Longowal Institute of Engineering, Sangrur (Punjab) and had completed his B.tech from that University and was searching for a job. An agent of OPs establishment contacted the complainant and apprised him that the OP namely Rudraksh Group is an expert establishment in providing Visa facilities to the persons who intends to go abroad for jobs. Thereafter, the complainant in the month of June 2018 visited the office of OP at the given address and after some consultations and elaborations, the complainant was advised by the OP that a post of Supervisor/store keeper is vacant but for that purpose the complainant was asked to pay Rs.10,00,000/-, and the said amount has to be paid by the complainant in advance. On 09.07.2018, the complainant again visited the office of OP whereupon the complainant was asked to deposit an amount of Rs.30,500/- as registration fee for the said purpose, which the complainant paid in cash to the OP. Thereafter, the complainant was asked to visit the OP after 15 days and accordingly the complainant visited the OP on 17.07.2018 alongwith his father Shri Krishan Kumar Verma son of Shri Bhagat Ram Verma. OP demanded a sum of Rs.3,10,000/- from them and the said amount was paid to the OP on the said address through RTGS from State Bank of India, Branch Polytechnic, Ambala City from his account SNINR 52018071700027516 in saving bank account of OP in Corporation Bank, Mohali. On the same day, the OP advised the complainant to pay the balance amount as early as possible and out of which a sum of Rs.1,50,000/- was paid in cash on 23.07.2018 to the OP by the complainant and similarly another amount of Rs.1,00,000/- was paid on 02.08.2018 and a receipt in lieu of received amount by the OP was given to the complainant on 02.08.2018. A sum of Rs.5,90,500/- was received by the OP from the complainant for the said purpose. This amount was paid from the account of Shri Krishan Kumar Verma son of Shri Ram Bhagat (father of the complainant) through RTGS from account No.SNINR 52018071700027516 from State Bank of India Branch Polytechnic, Ambala City. Thereafter, when the complainant requested the complainant to do the needful in the matter as he has already paid a huge amount for the said purpose, but the OP started making lame excuses and continued putting on and off the matter for one reason or the other upto March 2020. Thereafter on 23.03.2020, when the complainant contacted the Op in their office, the complainant was told that due to corono Virus in CANADA, the Visa formalities cannot be started and completed and the complainant shall have to wait till the things are improved and the Government of both the Countries will allow to travel from one country to another and thereafter, it is worth mentioning here that this situation of Corona Virus continued in the Country upto December 2021.Thereafter, the complainant remained visiting the office of OP time and again for doing the needful and requested them for providing Visa facility as assured by them for which, the complainant had already paid an amount of Rs.5,90,500/- and also completed all the formalities in this regard, but the OP had been making lame excuses and thereafter told the complainant to deposit original passport bearing No.R-3243232 which was issued to the complainant by the competent passport authority Ambala and the same was taken into possession by the OP with an assurance that the same would be returned with in one and half month and the same is required for completion of certain formalities and thereafter, the complanant had been visiting the OP time and again as to know the development in issurance of Visa for CANADA, but no satisfactory answer was given to the complainant, rather in the month of May 2023, when the complainant alongwith his father visited the office of OP and requested the OP either to do the needful or to return the above said amount of complainant alongwith original passport which was taken by the OP from the complainant, upon this the officials of the OP misbehaved and insulted the complainant and refused to do the needful in the matter and further threatened the complainant and his father to do whatever they like and OP company is not going to return the original passport and the paid amount to the complainant. Complainant and his father again requested the OP to return the original passport of the complainant and the amount of Rs.5,90,500/- but the Op threatened from that in case they dare to demand the money and passport from they have to face the dire consequences and the officials of OP forcefully shunted out the complainant and his father from their office after hurling abusive languages. The OP had sent e-mail to the complainant regarding the submission of original passport of the complainant to the office of OP on 09.03.2021. The complainant deposited his original passport to the office of OP and after that he again received an e-mail from the office of OP mentioning therein that “we received your passport latest update-your passport extended to Feb. Due to too much file processing”. Complainant also served upon the legal notice dated 09.06.2023, but to no avail.  Hence this complaint.
3.           Despite availing number of opportunities, after putting appearance, when OP did not file written version, its defence was struck of by this Commission vide order dated 04.03.2024.
4.           Learned counsel for the complainant tendered affidavit of complainant and affidavit of Krishan Kumar Verma, previously r/o #376/1, Sector-1 Jail Land, Ambala City and at present r/o Kothi No.69, Sector-1, Jail Land, Ambala City as Annexure CW1/A and CW2/A respectively alongwith documents as Annexure C-1 to C-15 and closed the evidence on behalf of the complainant.
5.           We have heard the learned counsel for the complainant and have also carefully gone through the case file.
6.           During the course of argument, the learned counsel reiterated the versions as narrated in the complaint. The learned counsel for the complainant further argued that the complainant in the month of June 2018 visited the office of OP at the given address and after some consultations and elaborations, the complainant was advised by the OP that a post of Supervisor/store keeper is vacant but for that purpose the complainant was asked to pay Rs.10,00,000/-.  The complainant paid an amount of Rs.5,90,500/-to the OP on different dates as mentioned above. But the OP did not settle the complainant in Canada after taking the huge amount. The counsel for the complainant further submitted that by neither taking up the case of the complainant to get him settled at Canada nor refunding the entire amount received by them, the OP is deficient in providing service and indulged into unfair trade practice.
7.           It may be stated here that defence of OP already struck of and contention of the complainant went unrebutted. Thus, we have no option but to accept the version of the complainant which is duly supported by him affidavit and other supporting documents. From the perusal of payment details Annexure C-3, it is evident that complainant paid Rs.3,10,000/-, on  02.08.2018 to the OP and he did not place on record any documents/receipts regarding remaining amount. Since OP failed to fulfill the promise made to the complainant, therefore, it is liable to refund an amount of Rs.3,10,000/- to the complainant alongwith interest. OP is also liable to compensate the complainant for the mental agony and physical harassment suffered by him alongwith litigation expenses.
8.           In view of the aforesaid discussion, we hereby partly allow the present complaint and direct the OP, in the following manner:-

1. To refund an amount of Rs.3,10,000/- to the complainant alongwith interest @ 6% p.a. from the date of filing of the complaint, till its realization.
2. To return the original passport, to the complainant.
3. To pay Rs.5,000/-, as compensation for the mental agony and physical harassment suffered by the complainant.
4. To pay Rs.3,000/- as litigation expenses.           

                   The OP is further directed to comply with the aforesaid directions within the period of 45 days, from the date of receipt of the certified copy of the order, failing which the OPs shall pay interest @ 8% per annum on the awarded amount, from the date of default, till realization. Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:- 14.06.2024

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President