CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the 18th day of March, 2013.
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi. A.K, Member Date of filing: 10/01/2013
CC /10/2013
B. Abdul Jaleel,
S/o. Soopi, Bangathur house, - Complainant
Cheleri P.O.,
Kannur – 670 604
(Party in person)
V/s
Shahul Hameed. P.S., - Opposite party
Perumpara house, Vella Road,
Mangara P.O., Palakkad.
O R D E R
BY SMT. BHANUMATHI. A.K, MEMBER
Complaint in brief :-
The complainant has paid an amount of Rs. 2,00,000/- to Thouheed Associates of opposite party for getting a labour visa in USA on 18/05/2008. The opposite party demanded two blank cheque leaves as security as the visa will get directly in the hands of the complainant. Eventhough the complainant paid Rs. Two lakhs to the opposite party the complainant did not get the visa. So to get back the paid amount the complainant contacted many times and the opposite party returned an amount of Rs. 10,000/- only to the complainant. For getting the balance amount the complainant sent a registered notice but the opposite party refused to accept the same. The complainant went Bombay for attending the visa counselling by spending Rs. 10,000/-. The complainant is entitled to get the balance amount ie. Rs. 1,90,000/- with interest along with compensation and cost.
So the complainant seeking an order directing the opposite party to pay an amount of Rs. 3,00,000/- to the complainant.
Opposite party set exparte.
Complainant filed affidavit. Ext. A1 and A2 series marked.
Heard.
Issues to be considered are
1. Whether there is any deficiency of service on the part of opposite party ?
If so what is the relief and cost?
Issues I and II
On 18/05/2008 the complainant has paid an amount of Rs. 2 lakhs to the opposite party for getting a labour visa in USA. It is evident from Ext. A1 document. As visa was not received, the complainant made many efforts to get back the money. On 18/03/2009 the opposite party has returned an amount of Rs. 10,000/- to the complainant. To get the balance amount, the complainant has made several telephone calls but it was not attended by the opposite party. At last on 21/11/2012 the complainant sent a registered notice to the opposite party. But it was not accepted. It is evident from Ext. A2 series.
From the above discussions we are of the view that the opposite party is liable to pay the balance amount to the complainant.
In the result complaint allowed. Opposite party is directed to pay an amount of Rs. 1,90,000/- ( Rupees One lakh Ninety thousand only) to the complainant along with Rs. 10,000/- ( Rupees Ten thousand only) as compensation and Rs. 1,000/- ( Rupees One Thousand only) as cost of the proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of order till realization.
Pronounced in the open court on this the 18th day of March, 2013.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha.G.Nair
Member
Sd/-
Smt. Bhanumathi.A.K
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext. A1– Photocopy of the receipt no.193 dtd. 18/05/2008.
Ext. A2- copy of the registered notice dtd. 20/11/2012 sent by the complainant to the opposite party.
Exhibits marked on the side of opposite party
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost allowed
Rs. 1000/- (One Thousand only )allowed as cost of the proceedings.
