Punjab

Ludhiana

CC/24/597

Prem chand - Complainant(s)

Versus

Sophiya IELTS - Opp.Party(s)

Sukhjeet singh

19 Nov 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                             Consumer Complaint No:  597 dated 07.05.2024.                                       Date of decision: 19.11.2024. 

 

Prem Chand S/o. Walaiti Ram, r/o. Star Colony, Near Shree Hari Mandhir, Dhandra Road, Manakwal, Post office Gill, Distt. Ludhiana. M.84270-27500.                                                                              ..…Complainant

                                                Versus

Sophiya IELTS Centre, Opp. D.C. Office, 1^st Floor, Near Grey Matters, Sangrur through its Manager.                                                                                                                                                                       …..Opposite party 

Complaint Under Section 35 of Consumer Protection Act, 2019.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. M.S. Sethi, Advocate.

For OP                           :         Exparte.

ORDER

PER MONIKA BHAGAT, MEMBER

1.                In brief, the facts of the case are that the complainant hired the services of OP for visa for himself and his wife for the purpose to meet their son Rohit Grover residing in Canada. The OP claimed Rs.35,000/- for visa process in two installments with full refund, in case, the complainant cancel the visit to Canada within one month. According to the complainant, he paid first installment of Rs.15,000/-  on 24.08.2022 and remaining Rs.20,000/- was to be paid at the time of finalizing the documentation by the OP within one month from the date of receiving first installment. The complainant provided all the requisite documents for visa of Canada but before signing and process of visa, the complainant cancelled the visit of Canada due to some unavoidable circumstances and even the OP was informed after a week about cancellation of visit to Canada. The complainant further stated that firstly the OP refused to refund Rs.15,000/- but thereafter, the OP refunded Rs.10,000/- to the complainant on 08.09.2022. However, remaining amount has not been refunded by the OP till date. The complainant sent a legal notice dated 12.05.2023 upon the OP but no reply was given by the OP. Hence this complaint, whereby the complainant has prayed for issuing directions to the OP to refund Rs.5000/- with interest and to pay a compensation of Rs.25,000/- and litigation expenses of Rs.5,500/-.

2.                 Upon notice, none appeared on behalf of the OP despite service and as such, the OPs were proceeded against exparte vide order dated 04.09.2024.

3.                In exparte evidence, the complainant tendered his affidavit as Ex. CA and reiterated the averments of the complaint. The complainant also placed on record documents i.e. Ex. C1  is the copy of passbook of State Bank of India, Ex. C2 is the copy of legal notice dated 12.05.2023, Ex. C3 is the copy of postal receipt, Ex. C4 is the copy of Aadhar Card of the complainant and closed the evidence.

4.                We have heard the exparte arguments of the counsel for the complainant and also gone through the complaint, affidavit and annexed documents produced on record by the complainant.

5.                In this case, the grievance of the complainant is that the OP has failed to refund the remaining amount of Rs.5000/- out of total Rs.15,000/- so deposited by the complainant with the OP for the purpose of getting visa of Canada for himself and his wife to meet their son. The said amount was claimed to have been refundable in case the complainant cancels his visit for Canada. Due to some unavoidable reasons/circumstances, the complainant had to cancel his visit to Canada and he requested the OP to refund the entire amount of Rs.15,000/- but the OP refunded only Rs.10,000/- to the complainant. The fact of deposit of Rs.15,000/- and further refund of Rs.10,000/- can be revealed from the copy of passbook Ex. C1. The OP has failed to refund the entire amount to the complainant causing financial loss to the complainant. The exparte evidence has gone unrebutted as the OP has not chosen to contest this case and has been proceeded against exparte. In this regard, reference can be made to 2021(3) CLT 309 in Gaurav Prehar Vs Altus Space Builders Pvt. Ltd. And others in which the Hon’ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh has made the following observation:-

“(i) Consumer Protection Act, 2019, Sections 2(42), 47 & 49(2) -Housing constructions – Pleadings - Ex-parte - Adverse inference –Held - 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 agree 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-OP was proceeded against exparte-Thus, all the averments made in the compliant are deemed to have been admitted by it and the evidence led by the complainant stands unrebutted; for which an adverse inference is to be drawn against OP-complaint partly allowed”

As such, there is deficiency in service and unfair trade practice on the part of the OP.

6.                As a result of above discussion, the complaint is partly allowed exparte with an order that the OP shall refund the remaining amount of Rs.5,000/- to the complainant within 30 days from the date of receipt of copy of order, failing which the complainant shall be held entitled to interest @8% on the said amount from the date of order till date of actual payment. The OP shall further pay a composite compensation of Rs.3,000/- (Rupees Three Thousand only) to the complainant. Compliance of order be made within 30 days from the date of receipt of copy of the order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)                               (Sanjeev Batra)               Member                                         President  

Announced in Open Commission.

Dated:19.11.2024.

Gobind Ram.