Order by:
Sh.Amrinder Singh Sidhu, President
1. This Consumer Complaint has been received by transfer vide order dated 26.11.2021 of Hon’ble President, State Consumer Disputes Redressal Commission, Punjab at Chandigarh under section 48 of CPA Act, vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 from District Consumer Commission, Ludhiana to District Consumer Commission, Moga to decide the same in Camp Court at Ludhiana and said order was ordered to be affected from 14th March, 2022.
2. The complainant has filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (now section 35 of Consumer Protection Act, 2019) on the allegations that Simranjot Uppal daughter of the complainant had to go to Canada on study basis and for this purposes, the complainant met with Opposite Parties and the Opposite Parties raised a sum of Rs.11,77,720/- from the complainant and also represented that out of the said amount, a sum of Rs.32,720/- is being charged towards processing fee/ charges. Further alleges that on the demand of the Opposite Parties, the complainant paid Rs.11,77,720/- to the Opposite Parties through NEFT and also completed all the documents so required for arranging student visa for the daughter of the complainant. But despite receipt of the entire amount, the Opposite Parties miserably failed to arrange visa for the daughter of the complainant. The complainant made number of rounds to the office of Opposite Parties and requested them to provide Visa, but the Opposite Parties kept on dilly dallying the matter on false pretexts that they have deposited the admission fee and tuition fee and other charges of Rs.11,45,720/- with Calgary Board of Education and the visa of Simranjot Uppal will be generated shortly, but to no affect. As such, the complainant demanded his money back from the Opposite Parties on which the Opposite Parties in order to discharge their pre existing legally enforceable liability towards the complainant issued a cheque bearing No.0044467 dated 07.08.2017 for Rs.5,52,250/- which was also dishonoured on its presentation. Thereafter, the complainant made so many requests to the Opposite Parties to return the amount to the complainant, but the Opposite Parties finally refused to admit the rightful claim of the complainant. As such, in view of the above said facts, the Opposite Parties have committed great deficiency in service and the complainant has suffered a huge loss, physical, as well as mental pain and stress. Vide instant complaint, the complainant has sought the following reliefs.
a) The Opposite Parties may be directed to refund the amount of Rs.11,45,720/- and also to compensate the complainant to the tune of Rs.3 lakhs for causing physical as well as mental pain, agony, harassment humiliation and Unfair Trade Practice committed by the Opposite Parties besides Rs.50,000/- as litigation expenses and any other relief to which this District Consumer Commission may deem fit be also granted.
3. Upon notice, none has appeared on behalf of Opposite Parties No.1 and 2 despite service, hence Opposite Parties No.1 and 2 was proceeded against exparte by this District Commission. However, complaint against Opposite Parties No.3 and 4 not admitted.
4. In order to prove his case, the complainant tendered into evidence his affidavit Ex.C1 alongwith copy of payment receipt Ex.C1, copy of return memo report Ex.C2, copy of payment deposit slips Ex.C3 and Ex.C4, copy of cheque Ex.C5, copy of agreement Ex.C6 and closed the evidence.
5. We have heard the Complainant and have carefully gone through the evidence on record.
6. From the appraisal of the evidence on record, it becomes evident that for sending in Canada to Simranjot Uppal daughter of the complainant, he paid Rs.11,77,720/- to the Opposite Parties and also represented that out of the said amount, a sum of Rs.32,720/- is being charged towards processing fee/ charges. The case of the complainant is that on the demand of the Opposite Parties, the complainant paid Rs.11,77,720/- to the Opposite Parties through NEFT and also completed all the documents so required for arranging student visa for the daughter of the complainant, but the Opposite Parties neither arranged to send her daughter in Canada nor refunded the amount . The complainant visited the office of the Opposite Party time and again to do the needful, but to no affect and hence, deficiency in service is writ large on the part of the Opposite Party. To prove the aforesaid contention, ld.counsel for the complainant has placed on record the duly sworn affidavit of the complainant Ex.C1 alongwith copy of payment receipt Ex.C1, copy of return memo report Ex.C2, copy of payment deposit slips Ex.C3 and Ex.C4, copy of cheque Ex.C5, copy of agreement Ex.C6. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as Opposite Parties No.1 and 2 did not opt to appear and contest the proceedings. In this way, the Opposite Parties No.1 and 2 have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties No.1 and 2 have no defence to offer or defend the complaint.
7. So, from the entire unrebutted and unchallenged evidence produced by the complainant on record, it stands fully proved on record that the Opposite Party has adopted unfair trade practice and deficiency in service by not sending the daughter of complainant in abroad. On this count, the Complainant prayed for the refund of the amount of
Rs.11,45,720/- and also to compensate the complainant to the tune of Rs.3 lakhs for causing physical as well as mental pain, agony, harassment humiliation and Unfair Trade Practice committed by the Opposite Parties besides Rs.50,000/- as litigation expenses, but we are of the view that the claim for compensation to the tune of Rs.3 lakhs appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, ends of justice would be fully met if the complainant is awarded lump-sum compensation to the tune of Rs.10,000/- and we award the same accordingly.
8. In view of the aforesaid facts and circumstances of the case, we allow the complaint of the complainant against Opposite Parties No.1 and 2 and Opposite Parties No.1 and 2 are directed to refund the amount of Rs.11,45,720/- (Rupees eleven lakh forty five thousands seven hundred twenty only) to the complainant alongwith interest @ 8% per annum from the date of filing the present complaint i.e. 25.10.2017 till its actual realization. Opposite Parties No.1 and 2 are also directed to pay Rs.10,000/- (Rupees ten thousands only) as lumpsum compensation to the complainant. Compliance of this order be made by Opposite Parties No.1 and 2 within 45 days from the date of receipt of the copy of this order, failing which the Complainant shall be at liberty to get the order enforced through the indulgence of this Commission. Copies of the order be furnished to the parties free of cost by District Consumer Commission, Ludhiana and thereafter, the file be consigned to record room after compliance.
9. Reason for delay in deciding the complaint.
This Consumer Complaint was originally filed at District Consumer Disputes Redressal Forum (Now Commission) at Ludhiana and it keep pending over there until Hon’ble State Consumer Disputes Redressal Commission, Punjab vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2022 has transferred the instant Consumer Complaint alongwith Other Complaints to District Consumer Commission, Moga with directions to work on this file onward from 14th March, 2022 and accordingly District Consumer Commission, Moga has decided the present complaint today i.e.23.05.2022 at Camp Court, Ludhiana, as early as possible as it could decide the same
Announced in Open Commission at Camp Court, Ludhiana.
