DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.138 of 2016
Date of institution: 08.03.2016 Date of decision : 03.10.2016
Pardeep Singh son of Sukhwinder Singh, resident of VPO Bhathala, District Barnala.
……..Complainant
Versus
1. Settling Abroad, SCF No.23-24, Phase 3B2, Mohali now at SCO No.35-36, 2nd Floor, Phase 3B2, Mohali, Punjab through its Managing Director/Manager/Authorised signatory.
2. Gaurav Talwar, Representative O/o Settling Abroad, SCF No.23-24, Phase 3B2, Mohali now at SCO No.35-36, 2nd Floor, Phase 3B2, Mohali
3. Tarandeep Sandhu, Representative O/o Settling Abroad, SCF No.23-24, Phase 3B2, Mohali now at SCO No.35-36, 2nd Floor, Phase 3B2, Mohali
………. Opposite Parties
Complaint under Sections 12 to 14
of the Consumer Protection Act
Quorum
Shri Ajit Pal Singh Rajput, President Mrs. R.K. Aulakh, Member.
Present: Shri Inderdeep Singh, counsel for the complainant.
Opposite parties ex-parte.
By Ajit Pal Singh Rajput, President
Complainant, Pardeep Singh son of Sukhwinder Singh, resident of VPO Bhathala, District Barnala, has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 12 to 14 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. The complainant on seeing an advertisement on television, contacted the office of the OPs and OP No.1 assured him that they are providing services for immigration and permanent residence to Canada and are professionally managed service provider. The OP No.2 and 3 visited the house of the complainant on 27.04.2015 in the presence of other persons, where OP No.2 and 3 made representation to the complainant that they will send the complainant to Canada on General Student Visa by charging Rs.54,800/- as consultancy fee and thereafter OP No.1 will procure visa of the complainant for Canada. Accordingly, the complainant paid Rs.25,000/- in cash to the OPs vide receipt dated 27.04.2015 alongwith copies of educational documents of the complainant. Again on 26.05.2015 OP No.2 and 3 visited the residence of the complainant and asked him to deposit Rs.29,800/- as balance amount. The complainant paid this amount to OP No.2 and 3 in cash vide receipt dated 26.05.2015. The complainant was told that his application would be processed within a period of one month. Accordingly, after one month i.e. in the last week of June, 2015 the complainant asked the OPs about his application but the OPs started lingering on the matter on one pretext or the other. The OPs have not provided any file number to the complainant nor processed his case for PR to Canada. Ultimately, the complainant got issued a legal notice to the OPs on 18.12.2015 asking them to procure the visa of Canada for the complainant and to pay him loss of studies as the complainant could not take admission in any course for higher education. However, the legal notice received back with the remarks ‘unclaimed’. Thus, failure of the OPs in procuring visa of Canada for the complainant and further non refund of the amount of Rs.54,800/- is an act of deficiency in service and unfair trade practice on their part. Hence this complaint for giving directions to the OPs to refund him Rs.54,800/- alongwith interest @ 18% per annum from the dates of payment; to pay him compensation to the tune of Rs.2,00,000/- for deficiency in service, harassment and mental agony and Rs.20,000/- as litigation costs.
3. The OPs refused to receive the notice sent by this Forum. Thus, as per provisions of Section 28-A (3) of the Consumer Protection Act, 1986 it was declared due service on the OPs and none having appeared for them, the OPs were proceeded against ex-parte vide order dated 27.04.2016.
4. In order to prove the case, the complainant tendered in evidence his affidavit Ex. CW-1/1; copies of receipt dated 27.04.2015 Ex.C-1; receipt dated 26.05.2015 Ex.C-2; legal notice Ex.C-3 and postal receipt Ex.C-4.
5. Learned counsel for the complainant has argued that neither the OPs have procured the visa for the complainant for his PR to Canada nor refunded him the deposited amount. The Ops have not informed about the status of application of the complainant nor provided him his file number. Thus, the OPs have failed to render the services to the complainant for which they had taken the charges from the complainant. The OPs even did not respond to the legal notice sent by the complainant.
6. After hearing the learned counsel for the complainant and going through the pleadings, evidence produced by the complainant and the oral arguments, it is established from the material placed on record that the complainant had deposited a sum of Rs.54,800/- (receipt Ex.C-1 and Ex.C-2) for his PR to Canada. It is also proved on record by the affidavit of complainant i.e. Ex-CW1/1, that the OPs have promised to get him the PR to Canada .It is also proved from the material placed on record that the OPs have failed to intimate the statue of the PR case to the complainant. We are of the view that it is the right of the complainant to know about his status of the Visa and the OPs acted negligently by not providing the requisite status and information. The OPs have also refused to receive the notice sent by this Forum for their appearance which amounts to admission of the averments of the complaint and that they do not want to say anything in this regard.
7. Accordingly, in view of our aforesaid discussion and the evidence tendered on record by the complainant, we find that the OPs have acted negligently by not providing the requisite information and in case it was unable to process the application of the complainant, then the OPs were bound to refund the amount received. Hence we direct the OP to refund a sum of Rs.54,800/- (Rs. Fifty four thousand eight hundred only) alongwith interest @ 8% per annum from the respective dates of deposit till actual refund. We also find that the complainant is entitled to a lump sum compensation of Rs.15,000/- (Rs. Fifteen thousand only) on account of mental agony, harassment alongwith litigation cost.
The OPs are further directed to comply with the order of this Forum within 45 days from the date of receipt of this order. The present complaint is hereby accepted.
The arguments on the complaint were heard on 27.09.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 03.10.2016
(A.P.S.Rajput)
President
(Mrs. R.K. Aulakh)
Member
