Punjab

Fatehgarh Sahib

CC/171/2020

Manoj Kumar - Complainant(s)

Versus

Rudraksh group - Opp.Party(s)

Gourav Goel

25 Oct 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

COMMISSION, FATHGARH  SAHIB.

                                                              Complaint Case No: 171 of 2020

       Date of Institution: 26.10.2020

      Date of Decision: 25.10.2021

Manoj Kumar  aged about 34 years  Son of  Om Parkash R/o #116, Ward No.08, Mohalla Gilzian, Bassi Pathana, District Fatehgarh Sahib

...........Complainant

Vs.

Rudraksh Group registered office at SCO15-16, Top Floor, Phase-1, Mohali, , through its Authorized representative.

 

                                                                   .............Opposite Party

 

Complaint Under Consumer Protection Act.

 

Quorum

Sh.Pushvinder  Singh, President

Ms.Shivani Bhargava, Member

 Sh.Manjit Singh Bhinder, Member

   

Present: Sh. Gourev Goel, Advocate, counsel for the    complainant.

         Opposite Party  ex-parte

ORDER

By Pushvinder  Singh, President

 

                      The present complaint has been filed under Consumer Protection Act, by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Party (hereinafter referred as “OP” for short) Under Section 35 of the Consumer Protection Act 2019. The brief facts of the complaint are as under:-

                    In this complaint, Manoj Kumar, CC stated that he is a Car mechanic and having an experience of more than 17 years in repairing cars. The OP is doing business of providing service to public for settling  abroad by arranging Visa.   The CC had visited the office of the OP in December 2017 after getting influenced by seeing the advertisement of OP, to settle  abroad.  On the demand of OP, the complainant had submitted his documents with regard to  qualification and working experience for assessment, to find out whether the CC is qualified for going  and settling in Canada on the basis of his qualification and work experience.  After two days of his visit to the office of the OP, the complainant received a telephonic call from the OP , who assured the CC that he is qualified for Canada under skilled worker category after verification  and assessment of the documents submitted by the CC.  The OP assured the complainant that the whole responsibility to settle the CC in  Canada is upon the OP and his case would be cleared within 90 days from the date of depositing fee. The CC believed the assurance given by the OP.  On 15.12.2017 the CC deposited the amount of Rs.,20,500/- in cash  as a token money/First installment of the fee as demanded by the OP. The CC has also cleared his medical test which was conducted at Phase-1.S.A.S.Nagar, Mohali, through OP. On 29.12.2017. The CC again deposited Rs.75,000/- in cash  after demand made by the OP as 2^nd installment. On 01.01.2018 the OP  made a demand for more money from the CC and then the CC deposited Rs.1,00,000/-  in cash with the OP on 1.1.2018. Again on 5.1.2018 the CC deposited Rs.1,22,000/- in cash on the demand of OP. The OP executed a written agreement with the CC for providing the Visa to the CC on 5.10.2018 after receiving the full payment as demanded by the OP.  OP has also issued the receipts of the total payment of Rs.2,97,000/- on the 2^nd page of  agreement, deposited by the CC  in three installments.  After depositing the money the CC regularly remained in touch with the OP and kept asking about the Visa but the OP always said that the CC has to wait for some months  as the OP has  already filed the papers of the complainant before the competent authority  and that it will take some time.  The OP  has not fulfilled their commitment and promise despite the fact  of charging huge money from the complainant  for getting visa.  The CC has acted upon the advices and information given by the OP from time to time . The CC visited so many times the office of OP to make a request to arrange Visa or refund his money which was  deposited by the CC but the OP always put off the matter on some pretext or the other.  On 14.10.2020 the CC was informed by the OP through mobile,  that the case of the CC has been rejected.   The OP flatly refused to refund the amount charged from the CC.  The CC has suffered agony and financial loss as OP has failed to get the visa as per their commitment with the CC, which   amounts to deficiency in service on the part of the OP. Hence , this complaint for  giving  directions to the OP to pay the entire money deposited by the CC i.e Rs.3,17,500/- along with interest and  to  pay an amount of Rs.1,00,000/- as compensation towards mental agony and harassment and to pay  a further  compensation of Rs.50,000/- deficiency in service and  unfair trade practices and Rs.25,000/-  as litigation expenses.

2.                          Notice  of this complaint was sent to OP but he choose not to appear to contest this complaint. Hence, he was proceeded against Ex-Parte.

3.                          In order to prove the case, the CCt had tendered all the documents along with the complaint.

4              During pendency of this complaint, the CC made  a statement on 25.10.2021 that he has received back total amount of Rs.3,17500/- from the OP.

5.                The Ld. counsel for the CC contended that the OP harassed the CC physically and mentally. He made the payment only after filing of the present complaint and when he received the notice of this complaint.  He also contended that due to fault of the OP, the  CC had to  take course of litigation. So he also requested to grant litigation expenses. Upon perusal of  the complaint , we find that payment was  made by the CC to the OP in the month of December 2017 and  on  5 January 2018. The CC filed the present complaint on 26.10.2021 and after 26.10.2021 the OP returned the Principal amount to the CC and in this way the CC faced harassment regarding which he must be compensated . He also  had no option except to file this complaint and as the OP did not return  his money , so he was forced to start litigation regarding which the CC is also entitled for compensation .  

6.                In all these circumstance , we came to the conclusion that the CC is entitled to compensation of Rs.15,000/- for his harassment  and mental agony and he is also entitled of Rs.10,000/- towards the litigation expenses. Accordingly  the present complaint is allowed  and the OP is directed to  pay the sum of Rs.25,000/- to the CC. Compliance of this order be made by OP within thirty days from the date of receipt of free certified copy of the order, failing which the CC shall be entitled  to recover the above said amount by filing Execution.  Free certified copy of the order be supplied to the complainant and copy be sent to the OP through registered post as per rules. File be indexed and consigned to record room.

Announced

October 25, 2021

 

                (Pushvinder Singh)

                                                                      President

                                                       

                                                           (Shivani Bhargava)

                                                                          Member

                                                                                       

 

                                                                 (Manjit Singh Bhinder)

                                                                  Member