DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAHIBZADA AJIT SINGH NAGAR (MOHALI)
Consumer Complaint No. 73 of 2016
Date of institution: 04.02.2016 Date of decision : 08.12.2016
Mrs. Chauhan Hemangini Bhaveshbhai wife of Bhavesh Chauhan, resident of 2/1227, Sakdi Sherry, Opp. Sub Jail, Sagrampura, Surat, Gujarat.
……..Complainant
Versus
The World Key, 48, Top Floor, Phase 3B2, Sector 60, Mohali 160060 (Punjab).
………. Opposite Party
Complaint under Section 12 of
the Consumer Protection Act.
Quorum
Shri Ajit Pal Singh Rajput, President Shri Amrinder Singh Sidhu, Member.
Mrs. R.K. Aulakh, Member.
Present: Shri Rakesh Sobti, counsel for the complainant.
Opposite Party ex-parte.
ORDER
By Ajit Pal Singh Rajput, President
Complainant Chauhan Hemangini Bhaveshbhai, resident of 2/1227, Sakdi Sherry, Opp. Sub Jail, Sagrampura, Surat, Gujarat has filed this complaint against the Opposite Party (hereinafter referred to as the OP) under Sections 12 of the Consumer Protection Act. The brief facts of the complaint are as under:
2. The complainant came in contact with the OP through phone and she was called to Chandigarh on 20.12.2013 for processing her case for Canadian visa. The complainant came to the office of the OP where she was promised two years work visa and for this purpose certain documents were demanded from the complainant. The complainant had submitted all the required documents alongwith Rs.20,540/- as registration fee with the OP on 23.01.2014 and receipt of the same was issued by the OP. The OP had assured the complainant that the Canadian visa will be provided within three months. The OP called the complainant on 24.02.2014 to sign agreement and also an amount of Rs.1,88,700/- was demanded from her. The complainant was further informed that the amount of Rs.1,88,700/- will be refunded after third salary of her job at Canada. The complainant came to the OP and signed the agreement on 25.02.2014. The OP further demanded Rs.7,300/- for verification purpose and promised that work visa will be provided within 20-45 days. The OP had in all received Rs.2,16,540/- from the complainant. Thereafter, the complainant had been frequently contacting the OP through phone as well as e-mails but has not been getting satisfactory reply. The complainant then contacted Grahak Suraksha Mandal, Surat, who issued notice dated 07.12.2015 to the OP but the OP did not reply to it. Hence this complaint for giving directions to the OP to refund her Rs.2,16,540/- alongwith interest @ 12% per annum from 23.01.2014 till realisation; to pay her Rs.3,600/- as travelling expenses and Rs.2,000/- for other expenses; Rs.50,000/- as compensation and Rs.10,000/- as costs of litigation.
3. Notice sent to the OP through registered post was delivered on 23.02.2016 as per the tracking report downloaded from the site of India Post. However, none appeared for it, hence the OP was proceeded against ex-parte vide order dated 29.03.2016.
4. In order to prove the case, the complainant tendered in evidence her affidavit Ex. CW-1/1; copies of railway ticket Ex.C-1; receipt dated 23.01.2014 Ex.C-2; agreement-cum-receipt dated 25.02.2014 Ex.C-3 and e-mail communications Ex.C-4.
5. Learned counsel for the complainant has argued that after receiving the amount of Rs.2,16,540/- for work permit visa for Canada, the OP never intimated the status and whereabouts of her case. The complainant made several requests through e-mails (Ex.C-4) and through phone calls to the OP to know about the status of her case but the OP paid no heeds to the requests. The learned counsel also argued that the complainant has the right to know her case status, whether the visa had been granted or rejected on what ground. He further argued that it is also not known, whether the OP had processed her visa case before the Canadian Embassy or not.
6. After hearing the learned counsel for the complainant and going through the pleadings, evidence produced, it is established from the material placed on record that the complainant had deposited a sum of Rs.20,540/- (receipt Ex.C-2) and Rs.1,88,700/- vide Ex.C-3 for work permit visa for Canada through the OP. The complainant has also produced railway tickets Ex.C-1 to prove her journey charges from Surat to the OP. It is also proved on record by the affidavit of complainant i.e. Ex-CW1/1, that the OP had promised to get her the work permit visa for Canada. It is also proved from the material placed on record that the OP had failed to intimate the statue of the case to the complainant. We are of the view that it is the right of the complainant to know about her status of the Visa and the OP acted negligently by not providing the requisite status and information.
7. Accordingly, in view of our aforesaid discussion and the evidence tendered on record by the complainant, we find that the OP had acted negligently by not providing the requisite information and in case it was unable to process the case of the complainant, then the OP was bound to refund the amount received. The OP in the present case had been duly served as per the report retrieved from the site of India Post but the OP did not prefer to assist this Forum. Hence we direct the OP to refund a sum of Rs.2,09,240/- (Rs. Two lacs nine thousand two hundred forty only) alongwith 8% interest from the respective dates of receipt till actual payment. We also find that the complainant is entitled to compensation of Rs.5,000/- (Rs. Five thousand only) for travelling and other expenses; and Rs.10,000/- (Rs. Ten thousand only) on account of mental agony alongwith litigation cost amounting to Rs.5,000/- (Rs. Five thousand only) .
The OP is further directed to comply with the order of this Forum within 45 days from the date of receipt of this order. The present complaint is hereby accepted.
The arguments on the complaint were heard on 05.12.2016 and the order was reserved. Now the order be communicated to the parties. Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.
Pronounced
Dated: 08.12.2016
(A.P.S.Rajput)
President
(Amrinder Singh Sidhu)
Member
(Mrs. R.K. Aulakh)
Member
