Chandigarh

DF-I

CC/215/2020

Gurinder Singh Bhinder - Complainant(s)

Versus

Sky World Immigration Services Pvt. Ltd. - Opp.Party(s)

Munish Goel

04 Feb 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/215/2020
Date of Institution	:	13/07/2020
Date of Decision	:	04/02/2022

 

Gurinder Singh Bhinder S/o Late Pritam Singh Bhinder R/o H.No.373, Phase-3B1, Sector-60, Mohali.

… Complainant

V E R S U S

1. Sky World Immigration Services Pvt. Ltd. SCO No.10-11-12, Second Floor, Sector-17B, Chandigarh through its Managing Director/Director/Partner/Authorized Signatory.
2. Sachi, Director/Authorized Signatory/Partner of Sky World Immigration Services Pvt. Ltd. SCO No.10-11-12, Second Floor, Sector-17B, Chandigarh.
3. Gitanjali Sharma Director/Authorized Signatory/ Partner of Sky World Immigration Services Pvt. Ltd. SCO No.10-11-12, Second Floor, Sector-17B, Chandigarh.

                                   … Opposite Parties

CORAM :	RAJAN DEWAN	PRESIDENT
	SURJEET KAUR	MEMBER
	SURESH KUMAR SARDANA	MEMBER

 

                                                

ARGUED BY	:	Sh.Munish Goel, Counsel for complainant.
	:	None for OP No.1 & 3.
	:	OP No.2 ex-parte.

 

Per Surjeet kaur, Member

1.      Briefly stated the allegations are that the complainant had read the advertisement in July, 2018 duly contacted the Opposite Parties. As per complaint, after the assessment, the Opposite Parties informed the complainant that he along with his family is duly eligible for applying the permanent residence for Canada. As per complainant, the Opposite Parties told the complainant that the total expenditure for making an application to Canadian Immigration would cost of Rs.10 lacs. The complainant duly paid an amount of Rs.65,000/- to the Opposite Parties through cheque on 30.08.2018 of ICICI Bank. The copy of bank statement is annexed as Annexure C-1. The complainant deposited another sum of Rs.1,75,000/- to the Opposite Parties through cheque on 05.10.2018 of ICICI Bank. The copy of the said bank statement is annexed as Annexure C-2 & C-3. The Opposite Parties further prepared one contract of engagement for Canada PR on 01.10.2018 on Non-Judicial Stamp paper. The copy of the agreement is annexed as Annexure C-4. As per agreement on 1.10.2018 (C-4) the Opposite Parties had collected Rs.1,75,000/- from the complainant on account of assessment of international job overviews and thereafter selection of the job profile by the complainant and thereafter the process of three months advertisement listing for the chosen job in Canada would be provided by the OPs within the period of two months time.

         As per Clause 14 of the said agreement, the fee would be refunded within 60-75 days. The Opposite Parties have failed to get any advertisement for the job in Canada. The Opposite Parties did nothing within the period of 2 months from October, 2018. The complainant continuously contacted the Opposite Parties number of times for doing the needful as per the agreement, but the Opposite Parties failed to get the offer of any job at Canada, but nothing has been done by the Opposite Parties till date. The complainant issued legal notice dated 09.01.2020 to the Opposite Parties seeking the refund of Rs.2,40,000/-. The copy of the legal notice alongwith receipt is annexed as Annexure C-5 & C-6. Neither Opposite Parties had refunded the amount nor provided any services. As such there is clear deficiency in services and unfair trade practice on the part of the Opposite Parties.

2.     Opposite Party No.1 & 3 appeared, but failed to file reply & evidence despite several opportunities. Therefore, defence of Opposite Party No.1 & 3 was struck off vide order dated 13.12.2021.
3.     Notice of the complaint was sent to Opposite Party No.2, seeking its version of the case. However, nobody appeared on behalf of Opposite Party No.2 despite service, therefore, it was proceeded ex-parte on 29.10.2020.  
4.     Complainant led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the complainant and gone through the record of the case. After perusal of record, our findings are as under:-
6.     It is evident from Annexure C-1 that the complainant paid amount of Rs.65,000/- on 30.08.2018 and thereafter another sum of Rs.1,75,000/- on 01.10.2018 respectively to the Opposite Parties for the purpose of getting permanent residence of the Canada. But careful perusal of the documents on record shows nothing fruitful was done by the Opposite Parties. No any services was provided and as per clause 14 of Annexure C-4, (the copy of the agreement), the Opposite Parties had to refund the money within 60-75 days. Even this effort was not made by the OPs. Meaning thereby neither any kind of services were offered by the Opposite Parties nor they refunded the amount of Rs.2,40,000/- charged from the complainant till date. Even legal notice Annexure C-5 & C-6 was not responded.   
7.     Significantly, Opposite Party No.2 did not appear to contest the claim of the complainant and preferred to proceed against ex-parte. This act of the Opposite Party No.2 draws an adverse inference against it. The non-appearance of the Opposite Party No.2 shows that it has nothing to say in its defence against the allegations made by the complainant. Therefore, the assertions of the complainant go unrebutted and uncontroverted. Hence, the act of the Opposite Parties for non-providing proper services, non-replying to the legal notice and most importantly non-appearing during the proceedings of the present case, certainly proves deficiency in service and unfair trade practice on their part.
8.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. To refund amount of ₹2,40,000/- to the complainant alongwith interest @ 9% per annum from the respective date of deposits till realization.
2. to pay an amount of ₹25,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹15,000/- to the complainant as costs of litigation.

9.     This order be complied with by the OPs within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-	Sd/-	Sd/-
04/02/2022	[Surjeet Kaur]	[Suresh Kumar Sardana]	[Rajan Dewan]
Ls	Member	Member	President