BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH ======== Consumer Complaint No | : | 424 of 2010 | Date of Institution | : | 12.07.2010 | Date of Decision | : | 10.05.2011 |
Badal Verma son of Sh.Vijay Kumar aged about 24 years resident of 2378/5, Chowk Baba Sahib, Gali Jiwan Singh, Amritsar, Punjab through his SPA Ashok Kumar son of Sh.Kundan Lal. ….…Complainant V E R S U S 1. The Chopras, N&N Chopra Consultants Pvt. Ltd., SCO 117-119, Sector 17-C, 3rd Floor, above Canara Bank, Chandigarh through its Branch Manager. 2. The Chopras, N&N Chopra Consultants Pvt. Ltd., 1006, Chiranjiv Towers 43, Nehru Place, New Delhi, 110019 through their Branch Manager. ..…Opposite Parties CORAM: SH.P.D.GOEL, PRESIDENT SH.RAJINDER SINGH GILL, MEMBER DR.(MRS) MADANJIT KAUR SAHOTA MEMBER Argued by:Sh.Abhinav Sood, Proxy counsel Sh.Amar Vivek, Adv. for complainant. Sh.Deepak Arora, Adv. for OPs --- PER P.D.GOEL, PRESIDENT The complainant namely Sh. Badal Verma has filed the present complaint under section 12 of the Consumer Protection Act (as amended upto date) “hereinafter referred to as the Act”. In short, the facts of the case are that OPs are engaged in the business of sending students abroad for studying in various courses. The complainant was interested in pursuing Professional course in Meridian International Hotel School, Melbourne and thus he availed the services of OP for this purpose. The complainant submitted all the documents complete in all respect to OPs well in time and, thereafter, Meridian International Hotel School, Melbourne made an offer of admission vide letter dated 25.08.2009 (Annexure C-1) to him. It is the case of the complainant that it was the duty of OPs to process the visa and other formalities and get the requisite clearance etc. in his favour before the stipulated date. The Complainant handed over the original draft for Rs.7254/- dated 11.09.2009 (Annexure C-3) Australian dollars drawn on Punjab National Bank in favour of Meridian International Hotel School, Melbourne to OP-1 through one Divya Bajaj. Thereafter, the OPs also collected other amounts from the complainant including a sum of 540 Australian Dollars towards, Embassy Fee charge etc. It is further the case of the Complainant that the fee of 540 Australian Dollars was returned to OP as they withdrew his case on their own on 24.02.2010 by forging his signatures and as such OPs are liable to refund Rs.25000/- to him which they failed to refund. It is further the case of the complainant that OPs retained the original academic certificates etc. along with the demand draft till the end of February 2010 without any reason. The complainant averred that due to the acts of omission and commission on the part of OPs, his precious one year had already been lost. Alleging deficiency in service and unfair trade practice on the part of OPs, the complainant has filed the present complaint. 2. OPs filed their joint written statement and took some preliminary objections. On merits, OPs denied the averments of the complainant made in the complaint. It has been admitted that the complainant had given the draft in favour of Meridian International Hotel School, Melbourne for 7254 Australian Dollars and besides this no other amount has been charged by Ops. It has been pleaded that the complainant had not disclosed that he had earlier applied the study VISA for New Zealand on or before 27.05.09 for diploma in Tourism but his candidature was rejected in the interview as he failed in the same which was conducted by Visa Officer on or about 20.08.09. The complainant also sought advice whether he should file an appeal against the rejection or he should prefer to go to another country upon which he was advised that he should preferably go to Australia/United Kingdom on study visa. According to OP, the complete visa of the Complainant was sent to New Delhi office on 24.09.2009, after completion of the documents and scrutiny and verification thereof. It is further pleaded that the Complainant did not disclose regarding refund and also with regard to closure of the Meridian International Hotel School. As such, in the event of closure of the School, the matter with regard to refund was dealt by Australian Govt. and therefore, there was no deficiency in service on the part of OPs. It has further been replied that the Govt. of Australia, under the Canberra City Act, had already created “Education Services for Overseas Students (ESOS) Assurance Fund and had refunded Australian $7254. Hence, no claim survives and therefore, complaint qua OPs deserves dismissal. It has been denied that OPs embezzled any amount as alleged by the complainant or that OPs have committed any deficiency in service in processing the candidature of the complainant. Pleading that there has been no deficiency in service or unfair trade practice on their part prayer for dismissal of the complaint has been made. 3. Parties led evidence in support of their contentions. 4. We have heard the learned counsel for the parties and have also perused the record. 5. The perusal of the zimini order dated 25.04.2011 makes it clear that during the course of arguments, it came to notice that in the additional affidavit-cum-rejoinder filed by the complainant, it has been stated in Para 2 at Page -1 that refund has been given by OPs after filing of the complaint. The perusal of the additional affidavit-cum-rejoinder of the complainant further makes it clear that he has received the refund of the amount after filing of the present complaint. Learned counsel for the complainant has also argued that since the refund of the amount has been given after filing of the complainant, therefore, the complainant is entitled for compensation and costs of litigation. 6. After considering the facts and circumstances of the present case, we are of the considered opinion that there is merit in the submission raised by the learned counsel for the complainant, so the complainant is held entitled to Rs.5000/-as compensation for mental agony and harassment besides Rs.2000/- as costs of litigation. 7. As a result of the above discussion, this complaint is accepted and OPs are directed to pay a sum of Rs.5000/- to the complainant as compensation for mental agony and harassment besides Rs.2,000/- as costs of litigation, within one month from the date of receipt of the certified copy. 8. The certified copies of this order be sent to the parties free of charge. The file be consigned. | Sd/- | | Sd/- | Sd/- | 10.05.2011 | [ Madanjit Kaur Sahota] | | [Rajinder Singh Gill] | (P.D.Goel) | cm | Member | | Member | President |
| | MR. RAJINDER SINGH GILL, MEMBER | HONABLE MR. P. D. Goel, PRESIDENT | DR. MRS MADANJIT KAUR SAHOTA, MEMBER | | 
