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

                                              Consumer Complaint No.  38 of 2016

                                 Date of institution:          14.01.2016

                                              Date of Decision:            13.06.2016

Naresh Kumar Dhiman son of Hoshiar Singh Dhiman, resident of House No.41, Sector 19-B, HUDA Plots, District Panchkula.

    ……..Complainant

                                        Versus

Trust US Immigration Consultants through its Proprietor Ms. Malkiat Kaur, Golden Square, Suite No.112,114, First Floor, Ambala-Chandigarh Highway, Zirakpur- Punjab.

………. Opposite Party

Complaint under Section 12 of the

Consumer Protection Act, 1986.

CORAM

Mrs. Madhu. P. Singh, President.

Shri Amrinder Singh Sidhu, Member

Mrs. R.K. Aulakh, Member.

Present:    Shri Abhishek Bhateja, counsel for the complainant.

                Opposite Party exparte.

(Mrs. Madhu P. Singh, President)

ORDER

                The complainant has filed the present complaint seeking following directions to the Opposite Party (for short ‘the OP’) to:

(a)    refund him Rs.1,70,000/- alongwith interest @ 24% per annum.

(b)    to pay him Rs.2,50,000/- as compensation for harassment.

(c)    to pay him Rs.33,000/- as costs of litigation.

                The complainant approached the OP in January, 2015 for immigration visa and for providing job in Canada. In pursuance to the assurance given by the OP, the complainant paid a sum of Rs.50,000/- to the OP on 10.01.2015 vide receipt No.349 and again paid Rs.50,000/- vide receipt no.366 dated 27.01.2015. Thereafter an agreement dated 27.01.2015 was executed between the complainant and the OP to the effect that the complainant would pay a sum of Rs.2.00 lacs to the OP for the entire process of immigration visa and for providing job in Canada by the OP.  In the agreement it was undertaken by the OP that if visa is not granted for the told country, the OP would refund all the payment to the complainant within 15 days from the time of four and half months of the process.  It was also agreed that if there was some fault in the medical, genuineness of the testimonial given and clearance of the PCC report of the complainant, the complainant would be liable to pay Rs.50,000/- to the OP and rest of the payment i.e. Rs.1,50,000/- would be refunded to the complainant by the OP. The complainant then paid a sum of Rs.1.00 lac to the OP on 09.02.2015 vide receipt No.372. The complainant also deposited with the OP his documents i.e. academic certificates, experience certificate and passport.  The OP assured that the case of the complainant would be put before the Canadian Embassy within a week and on obtaining the visa, the OP will inform the complainant. In April, 2015 when approached, the OP informed the complainant that his file has already been put before the Canadian Embassy and it is waiting for decision. On 17.04.2015 an agreement was got signed by the OP from the complainant with Bona Foods Limited, Canada that he has been provided a job and the latter being employer. But no appointment letter was ever issued to the complainant neither any visa ever came. The complainant had been approaching the OP time and again for providing appointment letter and visa or in the alternative refund his amount. On 16.09.2015 the complainant applied for refund of the amount as 9 months had passed but the OP did not provide visa to the complainant.  The OP returned the documents of the complainant vide letter dated 17.09.2015 and also agreed to refund the amount of Rs.2.00 lacs through cheque within 25 days from 17.09.2015 i.e. upto 12.10.2015. The OP accordingly issued post date cheque dated 23.11.2015 for Rs.2.00 lacs. On 12.12.2015 and on 17.12.2015 the OP made payments of Rs.10,000/- and Rs.20,000/- respectively to the complainant and promised to refund the remaining amount but till date have not refunded anything. The cheque given by the OP has also been dishonured. The complainant got issued a legal notice dated 09.01.2016 which has been received back with the report of refusal.  With these allegations, the complainant has filed the present complaint.

2.             Registered notice sent to the OP received back with the report of refusal. Presuming it as due service and none having appeared for the OP, it was proceeded against exparte vide order dated 01.03.2016.  

3.             To succeed in the complaint, the complainant tendered in evidence affidavit Ex.CW-1/1 & copies of the documents Ex.C-1 to C-11.

4              We have heard learned counsel for the complainant and have also gone through the written arguments.

5.             The issue involved in the present complaint is that the complainant has paid Rs.2,00,000/- to the OPs for providing immigration visa and job in Canada, against due receipt Ex.C-1,2 and C-4. The OP vide agreement dated 27.01.2015 Ex.C-3 has agreed that if visa is not granted to the complainant, then the OP would refund all the payment to the complainant within 15 days from the time of four and half months of the process provided there should be no fault on behalf of the complainant.  The complainant submitted his documents with the OP on 09.02.2015.  Thereafter an agreement dated 17.04.2015 Ex.C-5 was got executed by the OP between the complainant  and Bona Foods Limited.  Canada.  But no appointment letter was ever issued in favour of the complainant by the aforesaid employer. The complainant had been approaching the OP for providing him the appointment letter and visa or in the alternative refund his deposited amount.  The OP returned the documents to the complainant on 17.09.2015. The OP issued cheque to the complainant but the same was dishonoured. However, after lot of persuasion the OP refunded Rs.10,000/- and Rs.20,000/- to the complainant on 12.12.2015 and 17.12.2015 respectively. Still the balance amount of Rs.1,70,000/- has not been refunded to the complainant by the OP. Even legal notice issued by the OP received back with the report of refusal by the OP.  The OP even did not bother to receive the notice issued by this Forum for appearance. The absence of the OP, therefore, is nothing but an admission from its side which otherwise the complainant has proved from the documents proved on record.

6.             The complainant has proved his complaint against the OP by way of documentary evidence as well as by his duly sworn affidavit. We are of the opinion that the complainant has suffered mental agony, harassment and financial loss in the hands of the OP as the OP has indulged into unfair trade by not providing corresponding services to the complainant for the amount of Rs.1,70,000/- received from him.

7.             Therefore, the complaint is allowed with the following directions to the OP to:

(a)    to refund to the complainant Rs.1,70,000/- (Rs. One lac seventy thousand only) with interest thereon @ 9% per annum from the respective dates of deposit till actual realization.

(b)    to pay a lump sum compensation of Rs.25,000/- (Rs. Twenty five thousand only) towards mental agony, harassment and costs of litigation.

                Compliance of this order be made within a period of thirty days from the date of receipt of a certified copy of this order. Certified copies of the order be furnished to the parties forthwith free of cost and thereafter the file be consigned to the record room.

Pronounced.                           

June 13, 2016.    

                          (Mrs. Madhu P. Singh)

                                                                        President

(Amrinder Singh Sidhu)

Member

(Mrs. R.K. Aulakh)

                Member