DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No.161 of 2016
Date of institution: 17.03.2016 Date of decision : 18.09.2017
Harjinder Singh son of Shamsher Singh resident of village Meerpur, Tehsil Dera Bassi, District SAS Nagar.
……..Complainant
Versus
Stewart Placement Services, SCF 20, 2nd Floor, Block-A, Phase-7, (Near ICICI Bank), SAS Nagar, Mohali.
………. Opposite Party
Complaint under Sections 12 of
the Consumer Protection Act.
Quorum
Shri Ajit Pal Singh Rajput, President Mrs. Natasha Chopra, Member.
Present: Complainant in person.
Opposite Party Ex-parte.
ORDER
By Ajit Pal Singh Rajput, President
Complainant Harjinder Singh has filed this complaint against the Opposite Party (hereinafter referred to as the OP) under Section 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. The complainant after going through the advertisement published in the newspaper, had correspondence with the for work permit in Canada. As per the conditions agreed, the OP was to charge Rs.3,00,000/- which was to be deducted from the salary of the complainant. On assurance of the OP, the complainant submitted all the relevant documents of his qualifications and also deposited Rs.12,500/- in the account of the OP. The complainant had also paid Rs.1,000/- to Medinoo Diagnostic Centre, Sector 32-D, Chandigarh as medical charges. Thereafter, the complainant received offer letter as well as visa from the OP through post which was duly submitted by the complainant in the office of the OP as per direction of the OP. However, till then the complainant has not received any response from the OP regarding placement of the complainant. The complainant visited the OP many times and also made phone calls but till today the OP has failed to provide work permit visa to the complainant. Hence alleging deficiency in service on the part of the OP, the complainant has sought direction to the OP provide him the work permit failing which the OP should pay him Rs.2,00,000/- as damages.
3. The OP refused to accept the notice sent by this Forum. Hence as per provisions of Section 28-A (3) of the Consumer Protection Act, the OP was proceeded against ex-parte vide order dated 02.02.2017.
4. In order to prove the case, the complainant tendered in evidence his affidavit Ex. CW-1/1; copies of legal notice alongwith postal receipt Ex.C-1; license number Ex.C-2 medical examination Ex.C-3; payment receipt Ex.C-4; offer letter Ex.C-5; newspaper cutting Ex.C-6 and visiting card Ex.C-7
5. The complainant has submitted that on going through the advertisement in the newspaper Punjab Kesri Ex.C-6 he approached the OP for work permit visa for Canada. He has further submitted that the OP had assured that he will be provided visa and Rs.3,00,000/- will be charged from his salary. The complainant has further submitted that he handed over copies of his documents to the OP and also deposited Rs.12,500/- in the account of the OP vide Ex.C-4 and also paid Rs.1000/- as medical charges to Medinoo Diagnostic Centre, Chandigarh vide Ex.C-3. The complainant has submitted that thereafter the OP sent him appointment letter dated 04.08.2015 Ex.C-5 but after that no visa has been provided to him by the OP. The complainant has thus submitted that either visa may got provided to him or the OP may be directed to pay him Rs.2.00 lakhs as damages.
6. We have gone through the pleadings, evidence, written arguments and heard the oral submissions addressed by the complainant. The complainant has proved on record payment of Rs.12,500/- the OP towards work permit visa for Canada vide deposit slips Ex.C-4 and thereafter as advised by the OP he got medical tests done from Medinoo Diagnostic Centre Chandigarh by paying Rs.1,000/- vide Ex.C-3. The OP sent him the appointment letter dated 04.08.2015 Ex.C-5 purported to have been issued by the employer at Canada. However, this appointment letter is not signed by any person. Even the proforma attached with the appointment letter Ex.C-5 also does not bear the signatures of any person of the company who issued the appointment letter. The complainant signed the letter Ex.C-5 and the documents annexed therewith and submitted the same to the OP. But thereafter nothing has been heard by him from the OP regarding his work permit visa to Canada. The OP refused to accept the notice sent by this Forum. 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 complainant has sought direction to the OP to provide him the work permit visa or on failure of the same to pay him compensation to the tune of Rs.2.00 lakhs. However, in the facts and circumstance of the we feel that direction to the OP to provide work permit visa to the complainant is not feasible. Hence, the complainant can be got refunded his amount paid to the OP alongwith compensation for mental harassment and agony besides costs of litigation.
7. Accordingly, in view of our aforesaid discussion, we direct the OP to refund the deposited amount of Rs.12,500/- (Rs. Twelve thousand five hundred only) to the complainant alongwith interest @ 9% per annum from the dates of deposit of different amounts, till the actual date of refund. We also find that complainant is entitled to a sum of Rs.30,000/- (Rs. Thirty thousand only) on account of mental agony due to the negligent act of the OP and litigation cost. The present complaint stands allowed accordingly.
The OP is 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 9% 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. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 18.09.2017
(A.P.S.Rajput)
President
(Mrs. Natasha Chopra)
Member
