DISTRICT CONSUMER DISPUTES RERESDSAL FORUM (EAST)
GOVT OF NCT OF DELHI
CONVIENIENT SHOPPING CENTRE, SAINI ENCLAVE: DELHI-92
CASE NO.685/14
Aamir Abdullah
21-B Zakir Lane,
New Delhi-110025. Complainant
Vs
Takeoff Worldwide Incorporation
Through its Managing Director,
Level IV, Statesman House Building,
Barakhamba Road,
Connaught Place,
New Delhi-110001.
Opposite Parties
DATE OF ADMISSION-04.08.2014 DATE OF ORDER -02.01.2015
O R D E R
SH. N.A ZAIDI, PRESIDENT
This complaint has been filed with the allegation that complainant contacted the opposite party on their representation that it is a company of repute in immigration laws for securing the job in Germany. On scrutinising his documents by the respondent complainant was told that he is eligible for Blue Card Visa for Germany.Assured that with 8 months from signing up with the opposite party, the complainant will get Visa and job in Germany. It was also pretended that they are having over 2,00,000/- customers served. 8,000 live cases, 55,000/- inquiries a month over the last 10 years of being in business and they have earned the trust on the basis of its professionalism impressed by the false pretension of the opposite party, the Complainant paid Rs.5,000/- through cheque on 25.04.2013, towards the registration fee. On 24.07.2013, he entered into an agreement for European Blue Card (Germany) and paid a sum of Rs.1,25,000/- by cheque leaving nothing as outstanding.
On 25.07.2013, he received a username and password from the opposite party through e-mail for checking status of file. Madam Nikita Jain, Senior Process Manager was assigned as Case Manager. Three forms were filled as asked by the team of the opposite party under the hope that the entire process will be completed within 8 months and he will get a job in Germany. On 03.10.2013 he received the mail from the opposite party asking the complainant regarding any update / email from IHK Fosa and further stated that the time frame for receiving the update from their end for credentials was from 1 to 3 months. The opposite party deliberately concealed the fact that the respondent have received the letter from IHK Fosa that they have wrongly sent the details of the complainant for credentials to IHK Fosa. The opposite party and its team did not bothered to correct the mistake. IHK Fosa mail received by the complainant on 20.08.2013 that they are only responsible for evaluation and recognition of foreign vocational qualifications in the field of the chamber of Industry and Commerce since the complainant qualification degree is an academic degree and therefore ZAB was the right institution for getting the credentials. When the complainant tried to contact the Process Manager of the opposite party they avoided to receive the call. He visited the office personally and met Nikita Jain she assured that they are doing the needful to correct the mistake by sending the details to ZAB. Nikita informed that the profile of the complainant does not require assessment as per Germany system and therefore the opposite party will now initiate job search. There after they are keeping silence. Copy of IHK Fosa mail received by complainant which was addressed to Nikita Jain shows that they have done nothing to correct the mistake. Complainant contacted Nikita Jain and she again misled the complainant by saying that complainant need not to worry about such emails as the same is routine mails. The complainant profile does not require assessment. On 12.02.2014 email was received regarding update from the embassy, asking to finish the documents recognition process of the complainant. This was in derogation to the respondent claim that in case of the complainant credential recognition is not required for German visa & job.
Complainant wrote to Nikita that they have befooled him and wasted his precious time, energy and money which caused tremendous anxiety, mental pain and suffering. On 18.02.2014 they replied stating that the working of the Embassy is not in our hands. You have to either wait or go to court and nothing else is possible. This is a clear case of deficiency of services on the part of the opposite party. The complainant prayed for refund of Rs.1,30,000/- with 18% interest and Rs.5,00,000/- as compensation, Rs.25,000/- litigation charges.
Notices were served on the opposite party. Brief of Mr. Pradeep Kumar Advocate was filed from the side of the opposite party. Despite time allowed no WS filed. Case proceeded ex-parte.
The complainant has filed affidavit in support of complaint along with all the email exchange between the parties and agreement entered between the parties on 24th of July, 2013. The proof of payment of Rs.5,000/- and Rs.1,25,000/- through cheques have also been verified on oath. The affidavit of the complainant since uncontroverted on record has to be believed. The agreement between the parties clearly acknowledges the receipt of Rs.1,30,000/-. and liability of the respondent to processes the application, for procuring the visa and job etc. The duties which are to be performed under the agreement by the respondent shall fall in the ambit of services. This fact is not denied by the opposite party that complainant documents were not sent to IHK Fosa when they should have be sent to ZAB. They tried to misled the complainant by falsely pretending that in the case of the complainant his profile does not require as per German system for verification of credential. On the contrary in their mail, they have admitted that it is being scrutinised by German Embassy. This is a clear case wherein they have misled the complainant to get the money from him for the purposes of the process of Visa when they were not at all competent to undertake the job they failed in sending the documents to ZAB and have wrongly sent the documents to IHK Fosa. The entire documents on record shows that respondent have not provided the services promised as per the agreement. It is also proved, that respondents are indulging in unfair trade practice.
We allow this complaint. The respondent is directed to refund to the complainant, the entire amount of Rs.1,30,000/- with 12% interest thereon from the date of the presentation of this complaint till it is finally paid. We further award a compensation of Rs.50,000/- on account of harassment mental pain and agony and Rs.15,000/- towards the cost of litigation. If the amount if not paid with 45 days. The complainant shall be entitled for 9% interest over the amount of compensation and cost.
Let copy of the order be served on both the parties as per rule.
(POONAM MALHOTRA) (N.A.ZAIDI)
MEMBER PRESIDENT
