DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)

Consumer Complaint No.999 of 2017

                                                   Date of institution:  20.11.2017                                                  Date of decision   :  15.06.2018

Mukesh Thakur son of Shri Narottam Dutt, resident of village Nalti, Post Office Kandrour, Tehsil Ghumarwin, District Bilaspur, Himachal Pradesh.

…….Complainant

Versus

The World Key Overseas Solution Private Limited, SCO No.48, Top Floor, Phase 3B2, SAS Nagar, Mohali Punjab through its Managing Director.

                                                                   ……..Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Shri Amrinder Singh Sidhu, Member.

                Ms. Natasha Chopra, Member.

Present:     Complainant in person.

                OP ex-parte.

Order by :-  Shri G.K. Dhir, President.

Order

               Complainant, after going through an advertisement published in the newspapers engaged OP for availing services of preparation of visa documents and of work permit documents because he was intending to go abroad. OP promised to complete all the formalities including documentation work for sending complainant to Canada on work permit visa for two years. An amount of Rs.3.00 lakhs in all was demanded from complainant, but complainant paid Rs.20,540/- on 01.03.2017 with promise of paying balance amount on completion of work. OP after accepting payment of above referred amount, assured to complete all the formalities maximum within 1-1/2 months and that is why complainant submitted all the relevant documents with OP by completing all the formalities for arranging for work permit at Canada. OP claimed that it will inform the complainant about completion of all formalities as soon as they were completed on part of OP. Thereafter  complainant  left for his native village to H.P. Complainant received calls from OP many times regarding submission of documents required for the purpose of grant of work permit and complainant had been submitting those documents as desired by OP. However, OP never disclosed about status of grant of work permit to complainant. Complainant tried to ascertain the status of his application many times from OP, but he kept on procrastinating the matter.  Thereafter complainant visited office of OP for knowing status of his application and was shocked to know that nothing has been done by OP till date. OP admitted its fault by assuring that entire received amount will be refunded to complainant within a week, but despite that same has not been done intentionally and deliberately for harassing OP. Lastly complainant contacted OP on 26.10.2017 and got assurance regarding refund of amount, but the same not received till date. However, OP threatened the complainant with dire consequences and as such by pleading deficiency in service on part of OP, prayer made for directing OP to refund the received amount of Rs.20,540/- with interest @ 18% per annum from the date of payment till realisation. Compensation for mental agony and harassment of Rs.50,000/-, but litigation expenses of Rs.21,000/- more claimed.

2.             OP is ex-parte in this case.  

3.             Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith receipt Ex.C-1 and thereafter closed evidence.

4.             Written arguments not submitted. Oral arguments of complainant heard and records gone through.

5.             Contents of affidavit Ex.CW-1/1 of complainant alongwith receipt Ex.C-1 establishes that complainant deposited Rs.20,540/- with OP on 01.03.2017 in cash. So certainly payment of Rs.20,540/- by complainant to OP on 01.03.2017 established by contents of receipt Ex.C-1. Unrebutted case of complainant projected through his affidavit and complaint further establishes that though assurance was given to complainant for arranging work permit and visa of Canada for complainant, but despite that nothing done by OP. Contents of affidavit Ex.CW-1/1 of complainant establishes that when he visited OP on 26.10.2017, then he found as if nothing has been done by OP. Further contents of affidavit Ex.CW-1/1 establishes that assurance was given by OP for refund of the received amount, but that amount has not been returned. So these facts certainly establishes as if unfair trade practice adopted by OP by not doing any work for complainant, despite the fact that promise was made for providing services for completing the documentation for visa and work permit purposes. On account of non fulfillment of the assured obligations by OP, it certainly adopted unfair trade practice and as such complainant entitled for refund of the entire paid amount of Rs.20,540/- with interest from the date of issue of receipt Ex.C-1 till payment. As none has come to contest the complaint and as such complainant entitled to reasonable amount of compensation for mental harassment and agony and also to litigation expenses.

6.             As a sequel of above discussion, complaint is allowed with direction to OP to refund received amount of Rs.20,540/- with interest @ 9% per annum w.e.f. the date of deposit namely 01.03.2017  till payment. Compensation for mental agony and harassment of Rs.5,000/- and litigation expenses of Rs.5,000/- more allowed in favour of complainant and against  OP.  Payment of amount of compensation and litigation expenses be made within 30 days from the date of receipt of certified copy of the order. Certified copies of the order be supplied to the parties as per rules.  File be indexed and consigned to record room.

Announced

June 15, 2018.

                                                                (G.K. Dhir)

                                                                President

(Amrinder Singh Sidhu)

Member

(Ms. Natasha Chopra)

Member