DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BATHINDA

CC No.261 of 12-8-2022

Decided on : 10-7-2023

Sunita Rani D/o Kuldeep Dass Now W/o Hardeep Singh R/o #15436, St.No.1, Hazura Kapura Colony, Bathinda.

1. ........Complainant

   1.  

Versus

The Bright Group Consultant SCO-99, 1^st & 2^nd Floor, Sector 119, Balongi S.A.S Nagar, Mohali through its Authorized Signatory.

.......Opposite party

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM:-

Sh.Lalit Mohan Dogra, President

Sh. Shivdev Singh, Member

Present:-

For the complainant : Sh. Ashok Bharti, Advocate.

For opposite party : Opposite party Ex-parte.

ORDER

Lalit Mohan Dogra, President

1. The complainant Sunita Rani (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against The Bright Group Consultant (here-in-after referred to as opposite party).

2. Briefly, the facts of the complaint as pleaded by the complainant are that the Complainant wanted to settle down in Canada & she visited a website wherein she found an advertisement of the opposite party about Canada work permit Visa and also in newspaper, that the company will charge no fee, no counseling charge and no file charge. The Complainant allured by the advertisements called on that contact number and opposite party allured on phone that they will arrange work permit for Canada. The Complainant thereafter visited the office of the opposite party and they assured that they will provide work permit visa to her for Canada and also assured that in Bulk born Foods Ltd,# 320 Don Hillock Drive Aurora, they will arrange job and demanded a sum of Rs. 2,86,000/- + 22% ( Rs 62,920/-) as charges from the Complainant on 20-08-220 and promised that they will refund Rs 2,86,000/- after work permit and on their commitments, complainant paid the same to the opposite party.

3. It is alleged that the opposite party assured the Complainant that if she don't get visa, the amount she paid will be refunded back. The opposite party also took Rs. 12,500/- for Medical check up and Rs. 18,700/- as fees of Bio-metric and other charges. On 12/08/2021 the opposite party demanded Rs.30,400/- for the final work of Visa and promised the Complainant that if she will not get the visa they will refund all, the amount to her. The complainant regularly called the opposite party to know about the status of her Visa but the opposite party never gave any satisfactory reply to the complainant.

4. It is further alleged that the opposite party failed to arrange work visa for the complainant and thereafter opposite party asked the complainant that she may go to England on tourist visa and there an agent of their company will approach her and send her on work visa to Canada. On the assurance of the opposite party, the complainant gave consent and opposite party had also given receipt of agreement for a sum Rs 2,60,000/- to the complainant dated 04/01/2022.

5. The complainant went to England by taking air ticket worth Rs. 28,000/- but she found that there was no above said agent of the opposite party and complainant came back to India as she had no other option by spending Rs. 50,246/- and the complainant also spent Rs.9,800/- for Bio-Metric and 1,000/- (U.K Pond) as Necessary Expenses in England. The complainant got served Legal Notice upon the opposite party calling upon them to refund the total amount, but to no effect.

6. On this backdrop of facts, the complainant has prayed for directions to opposite party to refund the amount of Rs.5,98,566/- and pay Rs. 2,00,000/- as damages and Rs.50,000/- as litigation expenses.

7. Registered AD notice of complaint was sent to the opposite party but none appeared on its behalf. As such, ex-parte proceedings were taken against the opposite party.

8. In support of his complaint, the complainant has tendered into evidence her affidavit dated 4.8.2022 (Ex.C-9) and documents (Ex.C-1 to Ex.C-8 and Ex.C-10 to Ex.C-13).

9. The learned counsel for the complainant has argued that opposite party had advertised in news papers etc., about Canada Work Permit Visa without charging any fee or counselling charges. On being allured, the complainant had, on demand, paid Rs. 2,86,000/- +22% to the opposite party vide Ex. C-4 and opposite party also received other amounts from the complainant on account of medical check-up fee and bio-metric charges and Rs. 30,400/- for Final Work Visa. However, the opposite party failed to arrange work visa for the complainant and thereafter opposite party promised to arrange work visa in Canada by sending the complainant through England and received another amount of Rs. 2,60,000/- from the complainant vide Ex. C-5. The complainant was thereafter sent to England. However, on reaching England, the complainant came to know that there was no arrangement for sending her to Canada on work visa and complainant had to come back to India under compelled circumstances. The opposite party had failed to refund the amount of Rs. 5,98,566/- to the complainant, which amount to deficiency in service on the part of the opposite party.

10. We have heard learned counsel for the complainant and gone through the record.

11. To prove her case, the complainant has placed on record her duly sworn affidavit and copy of advertisements Ex. C-1 to Ex. C-3, copy of receipts of payments Ex. C-4, Ex. C-5, Ex. C-12, copy of air ticket for England and back to India. The evidence adduced by complainant has remained unrebutted. Therefore, this Commission is of the view that opposite party has received huge amount from the complainant by making false promises and failed to arrange Work Visa for the complainant as promised due to which complainant had to undergo harassment and inconvenience as she had to go to England and then come back to India, without any work visa as promised and the opposite party failed to refund these amounts. The complainant has fully established deficiency in service on the part of the opposite party.

12. Accordingly, present complaint is partly allowed. The opposite party is directed to refund Rs. 5,98,566/- to the complainant, alongwith interest @9% p.a. from the date of deposit till realization. The opposite party is also directed to pay Rs. 10,000/- as compensation on account of mental tension and harassment and cost of litigation.

13. The compliance of this order be made within 45 days from the date of receipt of copy of this order.

14. The complaint could not be decided within the statutory period due to heavy pendency of cases.

15. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced :

    10-07-2023

    (Lalit Mohan Dogra)

    President

     

     

    (Shivdev Singh)

    Member