Before the District Consumer Disputes Redressal Commission, Rohtak.

Complaint No. 554

Instituted on :29.09.2023

Decided on :06.11.2024

Vikas(31 years) s/o Sh. Jasbir R/o Village Bahuakbarpur, District Rohtak.

                                                                                      ….….Complainant

Vs

1. The Manager, Eagle-I Advisors, Head Office at SCO-364/365/366, 4^th floor, Sector-34A, Chandigarh.
2. Gurinder Singh Guri, Managing Director, Eagle-I-Advisors, Head Office at SCO-196/197, Ground Floor, Sector-34A, Chandigarh.

………..Opposite Parties

COMPLAINT UNDER SECTION 35 OF CONSUMER PROTECTION ACT

BEFORE: SH. NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR. VIJDENER SINGH, MEMBER.

Present:       Sh.PiyushLathwal, Advocate for complainant.

                   Opposite parties already exparte.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                Brief facts of the case, as per the complainant, are that the opposite party no.1 advertised through social media for sending the people abroad by providing them Working VISA. Hence, the complainant visited the office of opposite parties at Chandigarh, where their receptionist askedhimfor the educational and other documents. After going through the documents, she offered a package of HMV Driver at Canada and demanded Rs.12,00,000/-  for VISA proceedings.  The deal was settled at Rs.7,26,100/- and the complainant submitted required documents i.e. passport, marksheets of 10^th and 12^th standard along with total amount of Rs. 7,26,100/- on various dates via cash and through online mode.On submission of application by the complainant on 20.01.2023, his biometric verification and biometric appointment was fixed for 27.01.2023 which was completed on the same day. But, thereafter the opposite parties started ignoring the complainant’s phone calls and did not provide any update about his visa status. After waiting several months and sending email dated 06.04.2023, whereby the complainant requested the opposite parties to refund his money and return his documents, they refused to do so. However, the opposite parties refunded the amount of Rs.5,00,000/- out of Rs.7,26,100/- to the complainant and refused to pay the remaining amount of Rs.2,26,100/- and also denied to return the marksheets of 10^th and 12^th standard of complainant. The complainant has also got served a legal notice dated 17.08.2023 but the opposite parties neither gave any reply of legal notice nor returned the remaining amount and documents. Hence, there is deficiency in service on the part of opposite parties and it is prayed that opposite parties may kindly be directed to refund the remaining amount of Rs.2,26,000/- along with interest, return the marksheet of 10^th and 12^th standard, to pay compensation of Rs.1,00,000/- on account of harassment, humiliation, mental agony and financial loss caused to the complainantalongwithRs.20000/- as litigation expenses to the complainant.

2.                Notices of the present complaint were issued to the opposite parties. Opposite parties No.1 and 2 initially appeared through their counsel Sh. SombirRathee, Advocate who filed his Vakalatnama and written statement on behalf of opposite parties. But later on, at this stage of evidence of opposite parties, none appeared of their behalf and opposite parties No. 1 and 2 were preceded against exparte vide order dated 19.07.2024of this Commission.

3.       However,in their written statement, the opposite parties have taken some preliminary objections that the demand of Rs.2,26,100/- of complainant is based upon false and incorrect facts and no amount is pending towards the complainant from the opposite parties. The true facts are that the complainant wanted to apply for working VISA, for which he contacted the opposite parties and the complainant agreed to give Rs.12,00,000/- to the opposite parties for this work. The complainant paid Rs.7,22,100/- out of Rs.12,00,000/- to the opposite parties. But before paying the remaining due amount of Rs.4,79,900/-, it was stated by the complainant that due to some personal reasons, he did not want to pursue his VISA file and accordingly, withdrawn the VISA file. The complainant was aware that the opposite parties had already started the necessary procedure of the visa file, incurred expenses on medical tests of complainant and other expenditure on legal documentation as well as Rs.1,00,000/- as Advocate fee, hence the complainant settled his account in Rs.4,85,000/- as full and final payment, which the opposite parties have refunded to the complainant. After receiving the aforementioned amount in his bank account, the complainant issued NOC dated 21.04.2023 to the opposite partieswith an undertaking for not claiming any amount in future. After receiving the settled amount, the complainant posted some chats on facebook to defame and lower down the reputation of the opposite parties and askedthe opposite parties to pay Rs.15,000/-more. The opposite parties gave Rs.15,000/- to the complainant and lieu for the same, the complainant issued hand written acknowledgement dated 09.05.2023 in favour of opposite parties that if he takes any unnecessary legal action or defame the opposite parties, then the opposite parties have full right to take legal action against him. Even after receiving the amount, the complainant has filed this present false complaint against the opposite parties. On merits of the case, the opposite parties have admitted the fact that the complainant visited the office of the opposite parties and submitted his documents i.e. Passport, marksheets of 10^th and 12^th standard and also deposited only Rs 5,00,000/- to the opposite parties. But the same have now been refunded by the opposite parties on 22.01.2023 to the complainant along with all documents submitted by him. Hence, neither any balance amount is due nor any documents are in possession of the opposite parties. All the other allegations mentioned in the complaint are denied by the opposite parties. There is no deficiency in service on part of the opposite parties and it is prayed that the present complaint being false, may kindly be dismissed with costs in the interest of justice.

4.                Learned counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex. C-1 to Ex. C-12 in his evidence and closed the same on dated 22.03.2024. On the other hand, the opposite parties were proceeded against exparte vide order dated 19.7.2024, hence, they did not tender any evidence.

5.                In the present case as per the complainant, he hired the services of opposite parties for working visa at Canada and after going through the documents of the complainant, opposite party offered a package of HMV driver at Canada and demanded Rs.12 lacs for the VISA proceedings. Lateron the deal was settled to the tune of Rs.726100/- and it was told to the complainant that the remaining amount of Rs.500000/- will be deducted from his salary when he will reach Canada and start his job as HMV driver.  Complainant submitted his documents i.e. passport, mark sheets of 10^th and 12^th standard alongwith Rs.726100/- on various dates via cash and online mode.  The biometric enrolment of the complainant was completed on 23.01.2023 and the biometric appointment was fixed for 27.01.2023. To prove the same, complainant has placed on record documents Ex.C10 & Ex.11. Thereafter they did not provide any update of VISA proceedings to the complainant. On several requests of the complainant, opposite parties issued a cheque on 27.04.2023 in favour of the complainant to the tune of Rs.485000/- but the same was dishonoured. Then complainant again contacted the opposite parties and opposite parties refunded an amount of Rs.500000/- out of Rs.726100/- to the complainant and refused to pay the remaining amount of Rs.226100/- and mark sheets of 10^th and 12^th standard to the complainant. As per the written statement filed by respondent no.2, in the preliminary objections the respondent no.2 has admitted that they have received an amount of Rs.720000/- out of Rs.12 lacs.  On the other hand in para no.3 of reply on merits, it has been specifically mentioned that “It is correct that the complainant submitted his documents i.e. Passport, marksheets of 10^th and 12^th standard, but it is specifically denied that the complainant deposited the amount of Rs.726100/- on various dates via cash and online mode mentioned in complaint.  It is submitted that complainant deposited only Rs.5 lacs to the respondents and the same has been refunded by the respondents on 22.01.2023”. Hence a different stand has been taken by the opposite party in preliminary objections and in parawise reply of their written statement. However, it is admitted that they have only refunded an amount of Rs.5 lacs to the complainant on 22.01.2023. On the other hand, as per the receipts Ex.C2 to C4 issued by the opposite parties, complainant has deposited an amount of Rs.720100/- to the opposite parties. Hence the opposite parties have withheld the remaining amount of Rs.220100/-. Opposite parties have submitted in their written statement that the complainant issued NOC dated 21.04.2023 to them with an undertaking for not claiming any amount in future. He also issued hand written acknowledgement dated 02.05.2023 in favour of opposite parties that if he takes any unnecessary legal action or defame the opposite parties, then opposite parties have full right to take legal action against him. But to prove the same, no such document has been placed on record by the opposite parties. Hence false and frivolous stand has been taken by the opposite parties in their written statement.  However, opposite parties remained exparte in this case and as such, it is presumed that they have nothing to say in the matter and all theallegations levelled by the complainant against the opposite parties stands proved. Hence there is deficiency in service on the part of opposite parties and opposite parties are liable to pay the remaining amount of Rs.220100/- to the complainant alongwith interest, compensation as well as original documents to the complainant.

6                 In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite parties jointly & severally to pay the amount of Rs.220100/-(Rupees two lac twenty thousand and one hundred only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 29.09.2023 till its realisation and also to pay a sum of Rs.6000/-(Rupees six  thousand only) as compensation on account of deficiency in service as well as litigation expenses to the complaint. Opposite parties shall also hand over the original documents i.e. 10^th and 12^th standard marksheet of the complainant to him. Order shall be complied within one month from the date of decision.

7.                Application(s) pending, if any, stand disposed of in terms of the aforesaid judgment.

8.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

06.11.2024.

                                                          ................................................

                                                          Nagender Singh Kadian, President

                                                          ………………………………..

                                                          TriptiPannu, Member.

                                                                                                ……………………………….

                                                          Vijender Singh, Member