Punjab

Faridkot

CC/18/108

Gurbhej Singh - Complainant(s)

Versus

Smt Keerti Jindal - Opp.Party(s)

Atul Gupta

08 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

              CC No. :                     108 of 2018

Date of Institution:       25.06.2018

Date of Decision :        08.01.2019

 

Gurbhej Singh aged about 38 years son of Angrej Singh son of Jugraj Singh r/o Village Wander Jatana, District Faridkot.

...Complainant

Versus

1. Kirti Jindal wife of Amit Jindal;
2. Amit Jindal son of Darshan Kumar Jindal

Both residents of Street No.10 (R), Hira Singh Nagar, Kotkapura, Tehsil Kotkaputa, District Faridkot.

                                            ....Opposite parties

 

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum:     Sh. Ajit Aggarwal, President,

Smt. Param Pal Kaur, Member.

 

Present:      Sh. Atul Gupta, Ld Counsel for complainant,    

                  OPs-Exparte.

 

ORDER

(Ajit Aggarwal, President)

                            Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops seeking directions to them to refund the amount of Rs.15,00,000/- alongwith interest and for further directing them to pay Rs.50,000/- as compensation for mental agony and harassment besides litigation expenses of Rs.22,000/-.

2                          Briefly stated, the case of the complainant is that complainant alongwith his family consisting of his wife and two siblings wanted to immigrate to Canada and on assurance of OPs that they would send him and his family to Canada on payment of Rs. 15 lacs, complainant paid them Rs.2,50,000/- in October, 2014. Complainant also submitted their original passports and other doucments to OPs in the presence of Amarjit Singh and thereafter, complainant used to enquire from OPs from his mobile regarding status of their immigration to Canada and OPs sometimes through messages and some times through calling used to give him information regarding his status for immigration. OPs demanded remaining amount of Rs.12.50 lacs from complainant to get visa of Canada and on 9.12.2015, complainant paid Rs.12.50 lacs to OPs after selling his land to one Manjit Kaur for Rs.12,37,500/-. All amount was handed over to OPs in the presence of one Gurpreet Singh and his wife. Till May, 2016,  OPs neither gave visa nor any paper in the name of complainant and his family for sending them to Canada. Despite payment of huge amount of Rs.15 lacs and repeated requests by complainant, OPs did not send him and his family to Canada. Complainant asked them to return his entire amount of Rs. 15 lacs to him, but they refused to pay any heed to his requests. On this, complainant moved an application before Police Authorities and then, EO Wing, Faridkot summoned OPs, where they admitted the receipt of Rs. 15 lacs from complainant. FIR No.8 to this effect under Section 420/120-B IPC was got registered with Police Station City, Kotkapura on dated 9.01.2017. It is further submitted that during the pendency of proceedings before E O Wing, OP-2 gave cheque for Rs. 8 lacs in the name of complainant as partial amount out of total amount of Rs. 15 lacs, but when said cheque was presented before the Bank, it was dishonoured and in this way entire amount of Rs.15 lacs deposited by complainant with OPs is due towards them. OPs neither refunded his entire amount nor returned the original passports of complainant and his family alongwith other documents furnished by complainant to them. Despite several requests OPs have not refunded his amount of Rs.15,00,000/-, passport and other documents to him, which amounts to deficiency in service and trade mal practice on the part of OPs. He has prayed for accepting the present complaint alongwith compensation and litigation expenses besides the main relief. Hence, the instant complaint.

3                                            The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 27.06.2018, complaint was admitted and notice was ordered to be issued to the opposite party.

 4                                      Despite service of notice to OPs through RC as well as publication in daily vernacular, nobody appeared on their behalf either in person or through counsel. It is presumed that OPs are not interested in contesting the complaint. Therefore, vide order dated 5.09.2018, OPs were proceeded against exparte.

5                                        The complainant tendered in evidence his affidavit Ex.C-1 and documents Ex C-2 to C-5 and then, closed the evidence.

6                                      As there is no rebuttal from OPs side, therefore, ld counsel for complainant vehementally argued that complainant and his family wanted to immigrate to Canada and on assurance of OPs that they would send them there on payment of Rs. 15 lacs, complainant paid them Rs.2.5 lacs in October, 2014 and remaining amount of Rs.12,50,000/-on 9.12.2015. Complainant handed over original passports all amount to OPs in the presence of his family members and one Gurpreet Singh,, but till May, 2016,  OPs neither gave visa nor any paper in the name of complainant and his family for sending them to Canada. Despite payment of huge amount of Rs.15 lacs and repeated requests by complainant, OPs did not send him and his family to Canada. Thereafter, complainant asked them to return his entire amount of Rs. 15 lacs to him, but they refused to return the same. On this, complainant moved an application before Police where EO Wing, Faridkot summoned OPs, OPs admitted before Police the receipt of Rs. 15 lacs from complainant. FIR No.8 to this effect under Section 420/120-B IPC was also got registered with Police Station City, Kotkapura on dated 9.01.2017 and then, OP-2 gave cheque for Rs. 8 lacs for partial amount out of total amount of Rs. 15 lacs, but said cheque was dishonoured on presentation with Bank and thus, entire amount of Rs.15 lacs deposited by complainant with OPs is due towards them. OPs neither refunded his entire amount nor returned the original passports of complainant and his family alongwith other documents furnished by complainant to them. OPs have not refunded Rs.15,00,000/-, passport and other documents to him, which amounts to deficiency in service. Prayer for accepting the complaint is made.

7                                           We have heard the ld Counsel for complainant and have also carefully gone through the record produced by the complainant. It is observed that case of the complainant is that on assurance of OPs that they would send complainant and his family in Canada, complainant paid Rs.15 lacs to OPs, but OPs did not send them to Canada and also did not return the documents of complainant to him. Complainant duly reported the matter to Police and also got registered FIR to this effect. Ops admitted before Police of having received the amount of Rs.15 lacs and also gave a cheque for partial amount of Rs.8 lacs, but said cheque was dishonoured on presentation with bank for collection. There is nothing on record from OPs side to contradict any pleading given by complainant.  Complainant has tried to prove his pleadings with the help of documents placed on record. Complainant has reiterated his grievance through his affidavit Ex C-1. Ex C-2 is the complaint filed by complainant before SSP, Faridkot, which clearly reiterates the grievance of complainant. it also encloses statements of Ops recorded by Police wherein they have admitted that they received Rs.15 lac from complainant for sending him and his wife alongwith his children to Canada. Ex C-3 is original cheque dated 20.10.2016 for Rs. 8 lacs issued by OPs to complainant which was dishonoured during clearing. Ex C-4 is Reason for Return given by Bank of Baroda to complainant where at serial no. 1it is clearly mentioned that ‘Funds Insufficient’. FIR No.08 dated 9.01.2017 under Section 154 of Cr.P.C. also proves the pleadings of complainants. Complainant has produced sufficient and cogent evidence to prove his case. Document brought on record by complainant are beyond any doubt and there is no reason to doubt the authenticity of FIR registered against OPs. They promised to refund the entire amount, but did not fulfil their promise. All this amounts to deficiency in service and trade mal practice on the part of OPs. On the other hand, there is no rebuttal from OPs side. Despite service of summons alongwith complaint and having sufficient notice of complaint against them, OPs did not contest the case and did not come present in the Forum to defend the allegations levelled by complainant upon them.

 8                                       We are fully convinced with the evidence, arguments and documents placed on record by the Counsel for the complainant. There is no rebuttal from OPs side to contradict the documents placed on record by the complainant. There is no doubt that complainant hired the services of OPs for immigration to Canada. OPs failed to send complainant and his family to Canada and they also did not fulfil their promise of refunding the amount of Rs.15,00,000/-received from complainant. When the OPs failed to arrange visa for complainant and his family, then, they have not right to retain the amount paid by complainant to them and they are liable to return the same to complainant. The act of OPs in not refunding the amount received from complainant amounts to deficiency in service and trade mal practice on their part. The complainant succeeds in proving this case, so the present complaint in hand is hereby allowed. The Ops are ordered to refund the amount of Rs.15,00,000/- alongwith interest at the rate of 9% per anum from the date of filing the present complaint till final realization. OPs are further directed to pay Rs.5,000/- as consolidated compensation for mental agony and harassment suffered by complainant including litigation expenses. Ops are directed to comply with the order within one month from the date of receipt of the copy of the order failing which complainant shall be entitled to initiate proceedings under Section 25 and 27 of Consumer Protection Act. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room. 

Announced in Open Forum

Dated: 8.01.2019

 

                                        Member                               President

                                       (Param Pal Kaur)                  (Ajit Aggarwal)