DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)
Consumer Complaint No. 171 of 2018
Date of institution: 08.02.2018 Date of decision : 21.06.2021
Randeep Singh son of Jagjeet Singh resident of village Lopo, District Moga, 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 Inderjit, Member
Present: 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 the CC was intending to settle in Canada, as such, came across the alluring advertisement of the OPs. It is further averred that the CC was misrepresented by the wrong advertisements, approached the OPs alongwith his friends and was informed by the OPs that they have obtained some work permits for Canada and could send the CC to Canada on work permit. It is averred that the OPs told the CC to deposit an amount of Rs.2,99,900/- and Rs.20,540/- within 10 days and gave assurance that the CC will be sent to Canada within 90 days. The OPs also entered into an agreement with the CC in which it was assured that in case the visa is not arranged, in that event the entire amount will be refunded within 20 to 25 days. The CC fell to the allurements of the OPs and paid an amount of Rs.2,99,900/- and Rs.20,540/- on 21.11.2014 vide receipts No.1391 and 2494. The OPs further received an amount of Rs.9,300/- towards Embassy fee vide receipt dated 21.11.2014. It is averred that the OPs did not provide any kind of services as assured by them and even did not process the case of the CC before any authority. The OPs even did not disclose the file number. The intention of the OPs was only to extract money from the CC on flimsy grounds. It is further alleged that when the CC approached the OPs for the refund of his money, the OPs issued cheque which was dishonoured on presentation. Only on one occasion an amount of Rs.10,000/- was refunded and then the OPs started giving dates for refund of the amount to the CC. Initially the CC was asked to take refund on 12.07.2017 and then was given the date and was asked to come on 18.12.2017 and then again he was asked to come on 23.12.2017. The CC even approached the Senior Superintendent of Police, Mohali, but nothing was done by the police. It is alleged that since the OPs had miserably failed to provide professional services to the CC and failed to provide work permit for Canada to the CC, the OPs had no right to retain the amount of Rs.3,19,740/- of the CC.
Thus, alleging deficiency in service on the part of the OPs, the CC has sought refund of Rs.3,19,740/- 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. 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 into evidence his affidavit Ex.CW-1/1 and various documents Ex.C-1 to Ex.C-5 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.2,99,900/- and Rs.20,540/- on 21.11.2014 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. The OPs had also received Rs.9,300/- from the CC towards embassy fee on 21.11.2014. 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 but only an amount of Rs.10,000/- was refunded to the CC. However, the remaining amount has not been refunded to the CC despite his repeated visits to the OPs.
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 work visa and work permit for Canada.
7. As such the present complaint is allowed and the OPs are directed to refund Rs.3,19,740/- (Rs. Three Lakhs Nineteen Thousand Seven 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 compensation to the tune of Rs.50,000/- (Rs. Fifty Thousand only) to the CC for causing mental and physical harassment to him since he was running from pillar to post and even to the police for redressal of his grievance. Heavy compensation is imposed on the OPs to curb such kind of malpractice in the society. 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
June 21, 2021
(Sanjiv Dutt Sharma)
President
(Inderjit)
Member
