DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this the 28th day of January 2021
Present: Sri.V.P.Anantha Narayanan, Member(President I/c)
: Smt.Vidya.A, Member Date of Filing: 07/01/2020
CC /4/2020
Shine.T.G,
Thekkeparambil House, - Complainant
Nalleppilly(PO),
Palakkad.
(By Party in Person only)
V/s
Sathyaja(Champion Academy)
D/o.Radhakrishnan, - Opposite party
Papoos Plaza, Vellan Street,
Sulthanpet, Palakkad – 678 001.
O R D E R
By Smt.Vidya.A, Member
Brief facts of the complaint
The opposite party is the owner of Champions Academy and consultants in Sulthanpet, Palakkad. The complainant approached the opposite party’s firm for arranging a job overseas. The opposite party assured him that she will arrange a job for the complainant in a factory in Halifax, Canada within 60 days if he is ready to pay eight lakh rupees. Believing the opposite party’s words, the complainant travelled to Delhi to apply for visa. He had undergone a medical checkup on June 3rd, 2019 and for that an amount of R.5,000/- was spent. He applied for visa after the medical checkup and after 25 days the opposite party sent him the photo copy of his passport with visa endorsed on it.
As per the request of the opposite party, the complainant transferred an amount of Rs.2,00,000/-(Rupees two lakhs only) to the opposite party’s Account bearing No.10810100235241 with Federal Bank on 19/07/2019. But after that there was no response from the opposite party. Even after three months the complainant did not get any job. So he contacted the opposite party for getting back his passport and for refunding the money paid by him. But the opposite party was not willing to return it to the complainant. Because of the deficiency in service on the part of the opposite party, the complainant suffered mental agony, time loss and financial loss.
So this complaint is filed for directing the opposite party to return the complainant’s passport and for getting an amount of Rs.30,000/- as the expenses incurred by the complainant for his travel to Delhi for applying for visa and a total of Rs.4,30,000/- as compensation for the mental agony, financial loss and time loss suffered by him.
Complaint admitted and notice issued to the opposite party. The notice issued to opposite party returned stating ‘unclaimed’. Hence the notice is deemed to be served; name called absent and set ex-parte.
The complainant filed affidavit and documents in order to substantiate his claim. The complainant filed an IA 183/2020 to amend the complaint and it was allowed. As per the order, complaint was amended including the prayer to refund the amount Rs.2,00,000/- transferred by the complainant to the account of the opposite party.
Main issues arising for consideration are:
- Whether there is any deficiency in service on the part of the opposite party?
- If so, what is the relief as to cost/Compensation?
Issues 1&2
Heard. We have perused the affidavit and documents produced by the complainant.
From Ext.A3, letter issued by Federal Bank, Karkala Branch dated 29/11/2019 regarding the ‘Confirmation of Transaction’ it is evident that the complainant had transferred an amount of Rs.2,00,000/-(Rupees two lakhs only) to the account of the opposite party with account number 10810100235241 in Federal Bank, Palakkad branch done by mobile banking on 19/07/2019 and the same has been credited to the opposite party’s account on the same day.
According to the complainant, he travelled to Delhi for applying for visa and undergone medical checkup. The complainant produced copy of the medical report based on the examination dated 03/06/2019 issued by Delhi Diagnostic Centre and stated that the original is given for processing the visa. From this, it is clear that he had gone to Delhi for medical checkup in connection with the visa processing. He also submitted the copy of the receipt issued by Canadian Embassy for the purpose of proving the payment of money for processing the visa. Ext.A7 produced by the complainant is the visa stamped copy of the complainant’s passport. According to the complainant one of the staff of the opposite party had received his passport after stamping visa on 19/10/2019 and the same was not returned to the complainant.
Hence from the affidavit and documents produced by the complainant, it is clear that he had paid an amount of Rs.2,00,000/-(Rupees two lakhs only) to the opposite party for arranging a job abroad and for that purpose he had gone to Delhi for visa processing and connected matters. But as per the complaint, he did not get any job and the opposite party is not ready to return the amount paid by the complainant or his passport.
Since the opposite party remained ex-parte, the evidence adduced by the complainant stands unchallenged. So there is a clear deficiency in service on the part of the opposite party in not arranging a job as promised after receiving the payment.
The complainant would have definitely suffered mental agony when he did not get a job abroad after his sincere efforts. He suffered financial loss as he had transferred Rs.2 lakh to the opposite party’s account and spent money for travel and other expenses in connection with visa processing. Further he was unnecessarily dragged before this commission in connection with the complaint which resulted in time loss and other inconvenience. The opposite party is bound to compensate the complainant for that.
In the result, the complaint is allowed.
We direct the opposite party to refund the amount of Rs.2,00,000/-(Rupees two lakhs only) to the complainant and to return the original passport of the complainant. The opposite party is further directed to pay an amount of Rs.15,000/-(Rupees Fifteen Thousand only) as travel and other expenses incurred by the complainant in connection with visa processing and to pay an amount Rs.32,000/-(Rupees Thirty two Thousand only) as compensation for the deficiency in service on the part of the opposite party, mental agony, financial loss, time loss and other inconveniences suffered by the complainant.
The order shall be executed within 30 days from the date of receipt of this order; otherwise complainants are also entitled to get interest @ 9% per annum on the total amount due to them from the date of this order till realization.
Pronounced in the open court on this the 28th day of January 2021.
Sd/-
V.P.Anantha Narayanan
Member(President I/c)
Sd/-
Vidya.A
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 – Copy of VFS Tracking ID dated 04/06/2019.
Ext.A2 – Copy of medical report issued Delhi Diagnostic Centre.
Ext.A3 – Confirmation of transaction issued by Federal Bank, Karkala branch dated 29/11/2019.
Ext.A4 – Copy of Courier details issued by Professional Couriers, Palakkad dated 21/10/2019.
Ext.A5 – Copy of VFS receipt
Ext.A6 – Copy of Courier details issued by Professional Couriers, Palakkad dated 19/10/2019.
Ext.A7 – Visa stamped copy of complainant’s passport.
Ext.A8(a)&A8(b) – Copy of 1st and last page of complainant’s passport.
Exhibits marked on the side of Opposite parties
NIL
Witness examined on the side of complainant
NIL
Witness examined on the side of opposite parties
NIL
Cost : NIL
