Punjab

Fatehgarh Sahib

RBT/CC/869/2018

Sanjeev Kumar Kaushik - Complainant(s)

Versus

Rudraskh Group - Opp.Party(s)

Paramjit Singh Sandhu

07 Dec 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATHGARH  SAHIB.

 

                                                             RBT/ No

                                                             Complaint Case No: 869 of 2018

      Date of Institution: 27.08.2018

      Date of Decision: 07.12.2021

Sanjeev Kumar Kaushik S/o Dev Raj R/o Adarsh Nagar Tagore Street New Basti, Ward no.10, House no.201, Mansa , District Mansa.

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

Vs.

1.   Rudraksh Group, Enterprises of Visa &  education Services, SCO 15-16, Top Floor, Phase-1, Mohali, (Punjab)
2.  Mr. Harman , Managing Director  Rudraksh Group, Enterprises of Visa & Education  Services ,SCO 15-16, Top Floor, Phase-1, Mohali(Punjab)
3.  Mr. Neelesh Kumar, Legal Advisor  Rudraksh Group, Enterprises of Visa & Education  Services ,SCO 15-16, Top Floor, Phase-1, Mohali (Punjab)( complaint not admitted against OP no.3)

 

 

                                                                 .............Opposite Parties

 

Complaint Under Section 12 of Consumer Protection Act 1986(Old)

Quorum

Sh.Pushvinder  Singh, President

Ms.Shivani Bhargava, Member

 Sh.Manjit Singh Bhinder, Member

 Present: Sh. Amrinderjit Singh Sandhu, Advocate counsel for                                                                                           the complainant

          Opposite Party  no.1 Ex-Parte.  

Sh. Vikram SinghVohra, Advocate counsel for Opposite party no. 2

Complaint against OPno.3 not admitted.

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 12 of the Consumer Protection Act 1986(Old).

 2.                   In this complaint, Sanjeev Kumar, Complainant stated that  the OPs have duped the Complainant  by taking  Rs.45,576/- as principal amount with assurance  of sending the  complainant to Canada. The Ops  promised complainant to send him to Canada vide contract agreement dated 25.10.2016 within 3 months and obtained  all requisite documentation. The Ops also obtained an amount of Rs.9,50,000/- vide  DD No.385750 dated 25.10.2016 and in addition to that Rs.30,576/- vide DD No.647707 dated 10.10.2016 and as such, the   total amount of Rs.9,80,576/- . Despite repeated requests and visits of the complainant time and again, the OPs failed to sent the  complainant to Canada as promised . However, Rs.9,35,000/- out of said amount has been returned through  cheques. Still amount of Rs.45,576/- remains to be refunded by OPs. The Complainant also served a legal notice to the OP’s through his Advocate Amandeep Kansal on 26.03.2018 to pay the due balance refund amount along with interest to the tune of 18% but the OP’s failed to do so. Hence, this complaint filed for giving directions to the OPs to  refund the amount of Rs.45,576/- as principle amount along with interest @ 18% P.A. from date of payment and compensation  of an amount of Rs.25,000/- towards the cost of  filing of the present  complaint.

  3                Notice of complaint was given to the OPs no.1 and 2, OP no.2 appeared and filed its written reply/version,  raising preliminary objections, that the present complaint is based on false and frivolous story and the Complainant has not approached  the Commission with clean hands and the complainant  filed the present complaint just to grab the money from the OPs. On merit, OPs further alleged that there is no clause or point of any  promise given by the OPs to the complainant in the agreement  dated 25.10.2016 and also there is nowhere mentioned in the agreement with regard to the time period of  three months as alleged by the complainant in his  complaint.  Out of the total amount i.e Rs.980576/-, the OPs have already refunded Rs.93,5000/-  in different installments to the complainant. The OPs have done everything to complete the file of complainant but there were some documents which were not received  on time from the complainant due to which process was delayed. Due to miscommunication between the  Complainant and OPs  cheques were dishonored , but OPs have transferred the amount later on, on regular basis to the complainant.  The OPs never promised to provide Job offer to the complainant, the OPs only offered the help to the complainant to achieve his goals. The OPs have many times requested the complainant to collect his full and final payment  and gave the clearance certificate but complainant refused to do so. Accordingly, OP. no.2  prayed for dismissal of the complaint with costs.

4.                   Notice  of this complaint was sent to OP no.1 but OP choose not to appear to contest this complaint. Hence, OP. No.1 was proceeded against Ex-Parte.

5.                          Complaint against OP no.3 not admitted.

6.                          The CC produced the documents along with       complaint  as Ex.C1 to Ex.C6.

7.                  We have heard learned counsel for the complainant and have also gone through the record.

8.                      The complainant  has filed the present complaint for directing the OPs to refund the amount of Rs.45576/- along with interest and compensation for damages. As per complaint, complainant paid an amount of Rs.9,80,576/- to the OPs no.1 and 2 and  an agreement executed  to this regard on dated 25.10.2016.  The OPs promised  the complainant to send him to Canada within three months and obtained all requisite documents. The OPs also received an amount of Rs.9,80,576/-  by way of demand drafts dated 10.10.2016 and 25.10.2016.  The complainant produced the copy of agreement as Ex.C-1.  He also produced the copies of Demand Draft of Rs,9,50,000/-  and Demand draft of Rs.30576/- dated 10.10.2016 as Ex.C-2. Copy of Statement  of account  as Ex.C-4 also proved by the complainant.  Copies of cheques as Ex.C-5  also produced  which were returned dishonoured due to “non sufficient funds” in  the  account of  OPs and copy of  Legal notice as Ex.C-6 also produced by the Complainant. He also proved calculations as Ex.C-7. The OP No.2 came forward to contest the Complaint and in its written statement  OP No.2 has admitted the claim of the complainant. The OP No.2 also  admitted the execution  of agreement between the parties, dated 25.10.2016  . The OP No.2 has also admitted that an amount of Rs.45576 /-is due but the OP No.2 has alleged that the complainant was called  to receive the amount of Rs.45576/- but he refused every time and demanded extra money  from the  OPs. The OP. No.1 has not come forward to contest the claim of the  complainant. The OP No.2  came forward to contest the complaint and admitted that an amount of Rs.45576/-  is due towards  them. As such, we find that  the complainant is entitled to recover an amount of Rs.45576/- from the OPs no.1 and 2.  As the OPs no.1 and 2 used the money of the complainant then they are liable to pay the interest to the complainant and simple interest @ 9% P. A shall be reasonable  rate of interest.

 9.             In view of aforesaid discussion,  complaint is allowed against the OPs  no.1 and 2 and they are directed to  pay Rs.45576/- to the complainant along with simple rate of interest @ 9% P.A. from the date of payment till realization. The complainant is also entitled for Rs.10,000/- as compensation  and the litigation expenses. The liability of OPs no.1 and 2 shall be joint and several. Compliance of this order be made by OPs no.1 and 2 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. Certified copy of the order be supplied to the complainant and the OPs as per rules.   File be sent back to the District Consumer Disputes Redressal Commission Mohali for consignment.

Announced

December 07, 2021

 

                (Pushvinder Singh)

                                                                      President

                                                       

                                                           (Shivani Bhargava)

                                                                          Member

                                                                                      

 

                                                                 (Manjit Singh Bhinder)

                                                                  Member