DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

                                      Consumer Complaint No.  42 of 2016

                                                Date of institution:  15.01.2016                                         Date of decision   :  04.12.2017

Navdeep Singh son of Harnek Singh, resident of 1239, Phase 10, Sector 64, SAS Nagar, Mohali.

 ……..Complainant

                                        Versus

1.     James Bhatti owner of A.T. Immigrations, Near Narinder Cinema, 45 Central Market, Jalandhar, Branch Office, S.C.O. No.4, Kalgidhar Enclave, Baltana Kalka Road, Zirakpur, District Mohali.

        Present Address: 312, Karol Bagh, Ladhewali, P.S. Rama Mandi, Jalandhar.

2.     Shri Punit James son of Shri James Bhatti, Partner of A.T. Immigrations, Near Narinder Cinema, 45 Central Market, Jalandhar, Branch Office, S.C.O. No.4, Kalgidhar Enclave, Baltana Kalka Road, Zirakpur, District Mohali.

        Present Address: 312, Karol Bagh, Ladhewali, P.S. Rama Mandi, Jalandhar.

3.     Shri Ankur James son of Shri James Bhatti, Partner of A.T. Immigrations, Near Narinder Cinema, 45 Central Market, Jalandhar, Branch Office, S.C.O. No.4, Kalgidhar Enclave, Baltana Kalka Road, Zirakpur, District Mohali.

        Present Address: 312, Karol Bagh, Ladhewali, P.S. Rama Mandi, Jalandhar.

                                                           ………. Opposite Parties

Complaint under Sections 12 of

the Consumer Protection Act.

Quorum

Shri Ajit Pal Singh Rajput, President                          Shri Amrinder Singh Sidhu, Member.

Present:    Shri Harnek Singh, counsel for the complainant.

OPs ex-parte.

ORDER

By Ajit Pal Singh Rajput, President

                Complainant Navdeep Singh has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:

2.             The complainant approached the OPs in the year 2010 at their office at Zirakpur for going abroad.  The executives of the OPs promised that the complainant fully qualifies for Canadian Visa and that the work permit will be arranged for Canada within a period of three months. The OPs demanded total amount of Rs.6.00 lakhs for the work permit. Rs.50,000/- was to be given at the initial stage and Rs.1.50 lakh was to be given on receiving the call for medical test and rest of the amount was to be given at the time of receipt of visa. Accordingly, the complainant paid Rs.5,000/- to the OPs in April, 2010 for paper work but no receipt for this amount was given  and the OPs told that this amount is a security which would be adjusted later on. Thereafter, bank draft of Rs.50,000/- dated 05.04.2010 was given by the complainant to the OP. The complainant made payment of Rs.1,50,000/- to the OPs vide draft dated 27.07.2010. The complainant also made payment of Rs.5,500/- in cash to the OPs as medical fee. Thus, the complainant had paid a total sum of Rs.2,10,500/- to the OPs.  The complainant visited the office of the OPs at Zirakpur many a times and the OPs told him that the visa process is in the first phase for offer of work permit. The office of the OPs at Zirakpur was closed and the complainant visited the office of the OPs at Jalandhar but that office of the OPs was also closed. The complainant got registered FIR No.283 of 2010 under section 420, 406 of IPC at PS Division No.7, Jalandhar against the OPs and the OPs have been sentenced by the criminal court. On the personal as well as verbal requests of the complainant, the OP No.1 intimated the complainant that an amount of Rs.1.50 lakh would be deposited in the Yes Bank Account of the complainant but the no amount was deposited by the OPs in the account of the complainant. The complainant also got issued a legal notice to the OP on 30.09.2015 but the OPs failed to refund the amount to the complainant. Hence, the complainant has prayed for directing the OPs to refund him Rs.2,15,500/- alongwith interest @ 18% per annum from the respective dates of deposits till realisation; to pay him Rs.5,00,000/- as damages and Rs.50,000/- as costs of litigation.

3.             Despite publication in the newspaper none appeared for the OPs, hence they were proceeded against ex-parte vide order dated 17.04.2017.

4.             In order to prove the case, the counsel tendered in evidence affidavit of the complainant  Ex.CW-1/1; copies of bank drafts Ex.C-1 and Ex.C-2; order of the JMIC, Jalandhar dated 26.03.2015 Mark-A, commitment to pay the amount Ex.C-3 and legal notice Ex.C-4.

5.             The learned counsel for the complainants has submitted that the complainant  had approached the OPs at their Zirakpur office for work permit to Canada. On assurance of the OPs that the complainant fulfills the criteria for the work permit, the complainant paid Rs.50,000/- to the OPs vide cheque dated  05.04.2010 Ex.C-1 and  further paid Rs.1,50,000/- vide demand draft dated 27.07.2010 Ex.C-2. The learned counsel has further submitted that as the OPs failed to procure the work permit visa for the complainant, they had committed vide undertaking Ex.C-3 to refund Rs.50,000/- each to the complainant on 25.10.2012, 25.11.2012 and on 05.12.2012. However, the OPs have not paid any amount to the complainant despite commitment Ex.C-3.  The complainant then got issued legal notice dated 30.09.2015 Ex.C-4 but without any result.

6.             We have given thoughtful consideration to the submissions of the complainants. The complainant has proved payment of Rs.50,000/- to the OPs  vide cheque dated 05.04.2010 Ex.C-1 and Rs.1,50,000/- vide draft dated 27.07.2010 Ex.C-2. The OPs vide commitment Ex.C-3 agreed to refund total amount of Rs.1,50,000/- to the complainant in three installments of Rs.50,000/- each on 25.10.2012, 25.11.2012 and 05.12.2012.  However, the OPs did not honour their commitment and failed to refund the amount to the complainant. The OPs did not appear in this Forum despite publication in the newspaper. The whole purpose of pleadings is to give fair notice to each party of what the opponent’s case is and to ascertain with precision the point(s) on which the parties argue and those on which they differ. The purpose is to eradicate irrelevancy. The complaint is a concise statement of facts and if no reply is filed to the complaint, the averments made therein are deemed to have been admitted. No amount of evidence can be looked into upon a plea, which was never put forward in pleadings. As such, the evidence adduced by the complainant remains unrebutted. The OPs cannot withhold the amount deposited by the complainant and are liable to refund the same along with interest. The Hon’ble State Consumer Disputes Redressal Commission in Ms. Sneh Sood Vs. M/s. Bajwa Developers Ltd. in Consumer Complaint No.240 of 2016 decided on 23.02.2017 has ordered refund of the deposited amount of the complainant alongwith interest @ 12% per annum from the different dates of deposit of different amounts till the date of actual refund.

7.             Accordingly, in view of our aforesaid discussion, we direct the OPs to refund the deposited amount of Rs.2,00,000/-   (Rs. Two Lakhs only) to the complainant alongwith interest @ 12% per annum from the dates of deposit of different amounts till the date of actual refund. We also find that complainant is entitled to a sum of Rs.25,000/- (Rs. Twenty five thousand only) on account of mental agony due to the negligent act of the OPs and litigation cost of Rs.10,000/-  (Rs. Ten thousand only). The present complaint stands allowed accordingly.   

                The OPs are further directed to comply with the order of this Forum within 30 days from the date of receipt of this order, failing which the amount of compensation awarded shall carry interest at the rate of 12% per annum from the date of this order till realisation.

                The arguments on the complaint were heard and the order was reserved.         Now the order be communicated to the parties. The complaints could not be decided within the stipulated timeframe, due to heavy pendency of cases.  Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated: 04.12.2017    

                                         (A.P.S.Rajput)           

President

        (Amrinder Singh Sidhu)

Member