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

Consumer Complaint No.58 of 2018

                                             Date of institution:    11.01.2018                                             Date of decision   :  08.01.2019

Kamal Dev S/o Sh. Rattan Lal, Village, Matoli, P.O. Smaila, District Mandi, Himachal Pradesh

…….Complainant

Versus

The World Key Pvt. Ltd through its Directors/Authorized Signatory, SCF 48, Top Floor, Phase 3B2, Sector 60, Mohali 160059, Punjab.

                                                        ……..Opposite Party

Complaint under Section 12 of

the Consumer Protection Act.

Quorum:    Shri G.K. Dhir, President,

                Mrs. Natasha Chopra, Member.

Present:     Shri Manish Sharma, counsel for complainant.

OP ex-parte

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

Order

               Complainant approached OP Company for purpose of work visa on 06.10.2015. OP gave option of three countries i.e. Australia, Canada and New Zealand, out of which the complainant opted for New Zealand. Thereafter amount of Rs.20,540/- was paid on 06.10.2015 through receipt  and further after one week, OP started forcing the complainant through telephonic calls to pay the balance amount, failing which already paid advance amount of Rs. 20,540/- will not be refunded. So the complainant paid Rs.2,97,200/-to the OP Company on 21.10.2015 regarding which receipt  was issued. Two years even after completion of the formalities, OP Company failed to get the work visa issued for the complainant.  OP Company stopped to answer to the phone calls of the complainant and even has stopped replying to the emails, despite the fact that those  were sent on 22.08.2016 and 27.11.2017. OP got the passport of the complainant against receipt, but thereafter nothing has been done and as such by  pleading deficiency in service on the part of the OP, prayer made for directing the OP to refund the received amount of Rs.3,17,540/-.  Compensation for mental agony and harassment of Rs. 4,00,000/- and litigation expenses of Rs.50,000/- more claimed.  It is claimed that there is delay of 80 days in filing the complaint and that delay has already been condoned vide order dated 25.01.2018 passed in this complaint itself.

2.             OP is ex-parte in this case

3.             Complainant to prove his case tendered in evidence his affidavit Ex.CW-1/1 alongwith documents Ex.C-1 to Ex.C-6 and thereafter his counsel closed evidence.

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

5.             Contents  of affidavit Ex CW1/1of the complainant along with receipt  Ex C-1 establishes that the complainant paid Rs. 20,540/- to the OP on 06.10.2015.  Rs. 20,000/- out of this amount is refundable in case of failure is endorsement made on the receipt Ex C-1. Further contents of affidavit Ex CW1/1 establishes that on forcing by the OP to pay the balance amount, he deposited Rs.2,97,200/- more with OP on 21.10.2015 and receipt in that respect Ex C-2 is produced on the record.  Despite deposit of this amount, nothing was done by the OP and that is why the complainant sent email Ex C-3 dated 22.08.2016 for calling upon the OP to verify the status  of his visa case for New Zealand or to refund the deposited amount of Rs 3,17,200/-. This email correspondence Ex C-3 had to be sent by the complainant because nothing was done by the OP after receipt of amount of Rs. 3,17,200/-  for period of about one year. Further the complainant called upon the OP to refund his amount in case nothing was on by 30.09.2016. Thereafter email dated 27.11.2017 Ex C-3 (colly) again was sent by the complainant with request to permit him to withdraw because of delay in sending him abroad. Passport of the complainant was received by the OP on 21.08.2017 through receipt Ex C-4 and as such it is obvious that even after receipt of the passport, nothing has been done and that is why complainant had to issue legal notice Ex.C-6, but despite that promised undertaken task not performed by the OP and nor the amount had been refunded. Rather no reply sent by the OP to the complainant and as such virtually cause of action accrued to the complainant on issue of email Ex C-3 and on deposit of passport on 21.08.2017. Being so, the complaint not barred at all because the same filed on 11.01.2018. As the OP rendered deficient services of not getting the visa work done for the complainant despite acceptance of Rs. 3,17,200/- and even they are not responding to the queries of the complainant regarding status of his application for visa to New Zealand and as such by way of retaining the hefty amount of the complainant, the OP is inducing in  unfair trade practice also. In view of this, the complainant entitled for refund of the deposited amount with interest @ 9% P.A from the dates of deposits till payment. As the complainant has been unnecessarily harassed and as such he is entitled for compensation for mental agony and harassment and of litigation expenses, but of reasonable amount, more so when the OP has not come to contest the claim of the complainant.    

8.             As a sequel of above discussion, complaint allowed ex-parte with direction to the OP to refund received amount of Rs.3,17,200/-/- (Rs. Three Lakhs Seventeen Thousand two Hundred only) with interest @ 9% per annum from the dates of deposits  till payment. Compensation for mental agony and harassment of Rs.20,000/-  (Rs. Twenty thousand only) and litigation expenses of Rs.5,000/- (Rs. Five thousand only) more allowed in favour of complainant and against  the 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

January 08, 2019.

                                                                (G.K. Dhir)

                                                                President

(Mrs. Natasha Chopra)

Member