Tamil Nadu

South Chennai

CC/398/2014

M/s.K.A.Sathish Kumar - Complainant(s)

Versus

The Branch Manager, WWICS Limited - Opp.Party(s)

M/s.K.Srinivasan

27 Jul 2015

ORDER

                                                                                     Date of Complaint  : 30.07.2014

                                                                                     Date of Order        :27.07.2015

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT :    THIRU. B. RAMALINGAM, M.A.M.L.,        :       PRESIDENT                     

                      TMT.K. AMALA, M.A. L.L.B.,                       :        MEMBER II

 

C.C.No. 398 / 2014

THIS  MONDAY  THE 27^TH    DAY OF JULY  2015

 

Mr. K.A. Sathish Kumar,

S/o. Mr. K. Amaladoss,

No.136, Santhiappa Street,

Konnur High Road,

Otteri,

Chennai 600 012.                                                       .. Complainant.

 

- Vs-   1.  The Branch Manager,      WWICS Limited,      No.29, Dr.Nair Road,      1st Floor, T.Nagar,      Chennai 600 001.   2. The Territor Manager,     WWICS Limited,     No.29, Dr. Nair Road,     1st Floor, T.Nagar,     Chennai 600 001.                                           ..Opposite parties.		.. Opposite party.

For the complainant                           :   M/s. K. Srinivasan &  another   

For the opposite parties            :   Exparte

       Complaint under section 12 of the Consumer Protection Act, 1986 for a direction to the opposite party  to pay a sum of Rs.1,40,500/- as service charges  and also to pay a sum of Rs.5,00,000/- towards compensation for mental aongy and also to pay a sum of Rs.5,00,000/- towards compensation for deficiency of service  to the complainant.

                                                          ORDER

THIRU. B. RAMALINGAM, PRESIDENT  

1.    The brief fact of the complaint filed the complainant is that the complainant is a Software engineer and seeking job in Australia and engaged the service of the opposite party for the purpose of immigration process to the country of Australia for the same as demanded by the opposite parties for a sum of Rs.1,40,450/-, the complainant has agreed to pay a sum of Rs.1,40,450/- in the India rupees as service charge to do the above process apart from the visa process fee.   Accordingly the complainant has paid Rs.84,270/- by way of cheque bearing No.098939 dated 30.9.2013 and again paid remaining balance amount for a sum of Rs.56,180/- by way of cheque bearing NO.098941 dated 7.10.2013.  The receipt for the same also received from the opposite party dated 18.12.2013.   Whereas despites of several demands made by the complainant the opposite parties  have not processed the such immigration and visa for the complainant.   Various  emails were sent by the complainant, though the opposite party has replied dated 19.2.2013 by email simply stating their  apology, even despite of notice sent by the complainant dated  11.1.2014   the same is received by the opposite party on 2.5.2014,   the   opposite   party neither  complied the said process of   getting   immigration  to   the   complainant nor   replied   the

 same.  As such the opposite parties having received the service charges fee of Rs.1,40,450/- have not completed the service and not get the immigration process and visa for the complainant to Australia.     As such the opposite parties have committed deficiency of service is acceptable. 

2.     Even after receipt of the notice, the opposite party did not file written version. Hence, the opposite party was set exparte on  13.11.2014.  The complainant filed proof affidavit.  Exhibits A1 to A8 were marked on the side of the complainant,  Written arguments of complainant  also filed.

3.     There is no contra evidence on the side of the opposite parties, since the opposite parties have remained set exparte in this proceedings.   

4.     Therefore we are of the considered view that the  opposite parties are jointly and severally directed to return the service charge of Rs.1,40,450/- (Rupees one lakh forty thousand four hundred and fifty only) with interest at the rate of 9% per annum from 18.12.2013 to till the date of payment to the complainant and also to pay a sum of Rs.50,000/- (Rupees fifty thousand only) as  compensation for mental agony  and also to pay a sum of Rs.2,500/- (Rupee two thousand and five hundred only) as cost of the proceedings to the complainant.

In the result, the opposite parties are jointly and severally directed to return the service charge of Rs.1,40,450/- (Rupees one lakh forty thousand four hundred and fifty only) with interest at the rate of 9% per annum from 18.12.2013 to till the date of payment to the complainant.

Further the opposite parties are also jointly and severally directed  to  pay a sum of Rs.50,000/- (Rupees fifty thousand only) as  compensation for mental agony  and also to pay a sum of Rs.2,500/- (Rupee two thousand and five hundred only) as cost of the proceedings within  six weeks  from the date of receipt of copy of this order, failing which the compensation amount of Rs.50,000/- shall carry interest at the rate of 9% per annum from the date of order  passed till the date of realization.

      Dictated to the Assistant  transcribed and typed by her corrected and pronounced by us on this the 27^th   day of  July 2015.

 

MEMBER-II                                                                                                   PRESIDENT.

Complainant’s side documents :

Ex.A1- 30.9.2013      - Copy of cheque issued to the opposite parties.

Ex.A2- 18.12.2013     - Copy of receipt No.3029137068 issued by the opposite parties.

Ex.A3-           -        -         - Copy of varios mails (Series).

Ex.A4- 19.2.2013      - Copy of mail by the opposite parties forwarded to the complainant.

Ex.A5- 11.1.2014      - Copy of lawyer’s notice with Ack.

Ex.A6- 2.5.2014        - Copy of lawyer’s notice with receipt & ack.

Ex.A7-           -                 - Copy of defamative statement against the opposite parties.

Ex.A8- 5.1.2014        - copy of Doctor Certificate.

 

Opposite party’s  side documents : -    Nil  (exparte)

 

MEMBER-II                                                                                                         PRESIDENT.