DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)

                                    Consumer Complaint No. 142 of 2018

                                                Date of institution:  07.02.2018                                              Date of decision   :  05.04.2021

Barjinder Singh son of Shri Gurdarshan Singh, resident of Mansa Kainchia, District Mansa, Punjab.

…….Complainant

Versus

1.     The World Key Overseas Solution Pvt. Ltd. through its Director namely P.S. Grewal resident of House No.508, Phase-1, Mohali.

2.     The World Key through its Director namely P.S. Grewal resident of House No.508, Phase-1, Mohali.

                                                      ……..Opposite Parties

           Complaint under Consumer Protection Act.

Quorum:   Shri Sanjiv Dutt Sharma, President.

                Shri Kanwaljeet Singh, Member.

Present:    Shri Pranb Bansal proxy for Shri Sandeep Bhardwaj, counsel for the complainant.

                OPs Ex-parte.

Order dictated by :-  Shri Sanjiv Dutt Sharma, President

Order

                The present order of ours will dispose of a complaint under Consumer Protection Act, filed by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Parties (hereinafter referred as ‘OPs’ for short) on the ground that he was intending to settle in Canada, as such, came across the alluring advertisement of the OPs. The CC approached the OPs whose staff informed the CC that they will send the CC to Canada on work permit. The OPs asked the CC to deposit an amount of Rs.2,99,900/- and Rs.20,540/- within 10 days and assured for sending the CC to Canada within 90 days after obtaining the Visa. The OPs also entered into an agreement with the CC, wherein it was assured that if the OPs will not be able to arrange Visa then the entire amount will be refunded within 20-25 days. The CC paid Rs.20,540/- and Rs.1,50,000/- to the OPs on 04.03.2017 and 20.03.2017 respectively.   The CC also made payment of Rs.1,50,000/- to the OPs through cheque No.619261 dated 21.03.2017.  The OPs had also received Rs.9,300/- from the CC towards Embassy fee. The OPs did not process the case of the CC and did not even provide the file number. As such the CC approached the OPs upon which the OPs started giving dates for refund of the amount but no amount was refunded despite repeated visits and requests of the CC. The CC also lodged a complaint against the OPs with the SSP, Mohali but his grievance has not been redressed.

                Thus, alleging deficiency in service on the part of the OPs, the CC has sought the refund of Rs.3,29,840/- from the OPs alongwith interest @ 18% per annum from the date of deposits till realisation. The CC has also sought Rs.2,00,000/- as compensation for mental agony and harassment and Rs.50,000/- as litigation expenses. The complaint of the CC is duly signed and verified. Further the same is also supported by an affidavit of the CC.

2.             OPs have chosen to remain ex-parte.  It is important to mention here that OPs were proceeded against ex-parte vide order dated 19.03.2019 of this Commission.

3.             The CC in support of his complaint tendered in evidence his affidavit Ex.CW-1/1 and various documents Ex.C-1 to Ex.C-4 and thereafter closed his evidence.

4.             Since the entire evidence of the CC is on the file and the OPs are already ex-parte, we feel, that no prejudice is going to be caused to any of the parties if the present complaint is decided on merits. Otherwise also the present Consumer Protection Act is a Special Act, which is enacted to provide speedy justice to the parties.

5.             It is writ large on the file that the CC had deposited Rs.20,540/- on 04.03.2017, Rs.1,50,000/- on 20.03.2017 and also issued cheque of Rs.1,50,000/- on 21.03.2017 with the OPs for processing his case to provide visa and send him to Canada on work permit, but the OPs failed to do so till today. Further the OPs have also received an amount of Rs.9,300/- from the complainant towards Embassy fee. When demanded, the OPs even failed to disclose the file number to the CC. The CC approached the OPs for refund of the aforesaid amount that was deposited by the CC with the OPs but of no avail.

6.             Since the OPs are already ex-parte and no one has come forward to rebut the contentions of the CC or counter the allegations. In such circumstances, we have no alternative except to believe the averments of the CC. The evidence of the CC also appears to be cogent, reliable and trustworthy. We feel, it is proved on the file that the OPs have committed deficiency in service by not processing the case of the CC for providing visa and work permit for Canada despite the fact that the OPs had received Rs.3,29,840/- from the CC.

7.             As such the present complaint is allowed and the OPs are directed to refund Rs.3,29,840/- (Rs. Three Lakhs Twenty Nine Thousand Eight Hundred Forty only),  alongwith interest @ 12% per annum from the dates of receipt of amount till its payment to the CC. The OPs are further directed to pay Rs.10,000/- (Rs. Ten Thousand only) as compensation together with litigation charges to the CC. Compliance of the aforesaid order be made by the OPs within 30 days from the date of receipt of certified copy of order. Free certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

April 05, 2021

                                                                (Sanjiv Dutt Sharma)

                                                                President

(Kanwaljeet Singh)

Member