Chandigarh

DF-II

CC/790/2019

Navpreet Kaur - Complainant(s)

Versus

Unica Solutions Pvt. Ltd., - Opp.Party(s)

Kulwinder Singh Adv. & Ramashish Byahut Adv.

17 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	790/2019
Date of Institution	:	02.08.2019
Date of Decision	:	17.11.2023

 

                     

            

 

Navpreet Kaur D/o Harvinder Singh, R/o House No.5642, Sector 38 W, Chandigarh.

….Complainant

Versus

1.  Unica Solutions Pvt. Ltd., Registered Office No.2, Second Floor, Vigyan Vihar, Delhi, through its Incharge/Managing Director/Director/ Manager.

 

2. Uni Agents Pvt Limited, Registered office No. 2, Second Floot, Vigyan Vihar, Delhi, through its Incharge/ Managing Director/Director/ Manager.

…. Opposite Parties.

 

BEFORE:-
	SHRI AMRINDER SINGH SIDHU,	PRESIDENT
	SHRI B.M.SHARMA	MEMBER
Present:-
	Sh.Manoj Vaishisht, Counsel for the complainant None for OP No.1 OP No.2 exparte.

   

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

1.     The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 pleading therein that she is an education consultant and proprietor of Phoenix Education Consultancy. The OPs sent an email on 22.05.2019 to the complainant for participation in the Russian Higher Educational Summit (for short "Summit") which was going to be held on 17 & 18th June, 2019 in Moscow, Russia and after payment of that the Complainant would be member meeting,    meet representatives from 50+ universities       from Russia, 4 Days/nights Accommodation, campus visit to 4 Russian universities, Access to uni agents 12 months Agent CRM, Gala Dinner at Boat and meals during Summit. Almost all the above facilities are part of summit for which charges are paid by the complainant. The OPs were solely responsible for providing all services and completion of requisite documentary formalities for participating in Summit. As per the email dated 22.05.2019 (Annexure C-1) the participation for CRM subscribers in Summit was free, and CRM subscription fee was 1199 USD and the OPs are liable to provide all facilities for the subscribers in order to attend the Summit in Moscow, Russia. The complainant paid Rs.98,599/- including GST vide Invoice dated 27.05.2019 as per required by the OPs for being a member of CRM subscriber(Annexure C-2). The OPs sent a formal invitation letter on 03.06.2019 to process the visa and direct the complainant for submission of the visa application form on 11.06.2019 and when complainant enquired for visa in Russian Embassy, she was shocked to know that visa can't be issued before 17.06.2019, which was the inception date of Summit in Russia. The OPs had already mentioned in the email dated 03.06.2019 (Annexure C-3) that 7 days time takes for appointment in embassy and 7 more days are required for issuing of the Visa. It has been averred that the OPs had issued formal invitation letter on 03.06.2019 inspite of knowing factual situation of processing time for visa issuance.  Moreover, the Russian embassy is working only 3 days in a week at New Delhi. It has been alleged that it was a pre-fabricated idea to collect the money from the innocent customers like complainant to enrich themselves. However, the complainant visited VPS of Russian Embassy for the visa submissions as per the advice given by the OPs but appointment for visa in VFS Russia was not available in June as per information given by the VFS officials and the complainant informed the same through whatsapp SMS on 06.06.2019 to the official of the OPs i.e.  Sristhi Narula (Annexure C-4). But the official of the OPs assured the complainant that they have already informed that they are arranging visa specially for the said event in collaboration with Russian Federation, therefore, she need not worry about the availability of appointment but on visit to VFS Russian embassy, the officials of VFS flatly refused to entertain the complainant and give visa appointment before 17.06.2019. It has further been averred that the OPs assured to provide the visa for the event but failed to provide the visa for the Summit and started postponing the matter on one or other pretext, thereafter she sent a whatsapp SMS to the OPs on 06.06.2019 that if they cannot provide the visa for the summit, then the deposited amount be returned but they did not bother to give any reply. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint seeking refund of the deposited amount of Rs.98,599/- with interest, compensation for mental agony and physical harassment as well as litigation expenses.
2.     After service of notice upon the OP No.1, they appeared before this Commission and filed their written version taking preliminary objections that  the complainant is not a consumer as defined under Section 2(1)(d) of the Consumer Protection Act, 1986 because there was no dealing or transaction between the complainant and OP No.1 as the CRM subscription was purchased by the Phoenix Education Consultancy for 12 months and the participation in the summit at Moscow was free for the CRM subscribers. The CRM subscription of Phoenix Education Consultancy is valid till 31 of July, 2020. It has been denied that they ever promised the visa or any other services with regard to the visa whereas the complainant herself claimed that she visits Russia almost every two months. Moreover, the complainant received an appointment at VFS Russian Embassy for 11.06.2019 and herself mentioned in the e-mail that it takes three working days. It has been denied that they were liable to provide all facilities in order to attend the summit in Moscow. They never asked the complainant for submission of the visa application on 11.06.2019. In fact it was delayed by the complainant herself because of her adamant behaviour which can be ascertained from the Whatsapp conversation (Annexure C-4). It has been stated that the complainant was informed telephonically as well as through whatsapp that she may directly walk-in at the VFS New Delhi and show the invitation letter because there was special arrangement for those who were applying for humanitarian trip to Russia. Whereas the complainant told the representative that she cannot go to VFS Delhi and she will take an appointment at VFS for Russian Embassy at Chandigarh only. It has further been stated that the complainant made  a false and wrong averment that there was no appointment available in the month of June 2019, whereas she herself sent an e-mail stating that she received an appointment for 11.06.2019. Moreover she was told to directly walk-in at Russian Embassy in New Delhi. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service or unfair trade practice on their part, the OPs prayed for dismissal of the complaint.
3.     The complainant filed replication to the written reply of OP No.1 controverting their stand and reiterating her own. It has been stated that as the complainant is a sole proprietor of Phoenix Education Consultancy and she had paid for the services to the OPs and as such she is a consumer qua the OPs. In the last, a prayer has been made that the complaint be allowed with costs qua the OPs
4.     Despite due service through registered post, OP No.2 failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 19.11.2019.
5.     Parties filed their respective affidavits and documents in support of their case.
6.     We have heard the Counsel for the complainant and have gone through the documents on record.
7.     The main question to be determined in the present complaint is whether the OPs have committed any deficiency in service or unfair trade practice or not?
8.     In order to find out answer to the above mentioned issue, it is necessary to discuss the following facts and circumstances of the case:-
9.     From the bare perusal of the contentions of the parties and the written version filed by the OPs, it is observed that the complainant had availed the services of the OPs in two parts, first part with regard to the CRM subscription plan for 12 months and the second part, the OPs offered a free participation in Russian Higher Educational Summit which was to be held on 17^th  & 18^th June, 2019 in Moscow, Russia. As far as the CRM subscription plan for 12 months is concerned, the same was provided by the OPs and the complainant has no grievance regarding the same.
10.     As regards the grievance of the complainant regarding the second benefit which is free participation in Russian Higher Educational Summit to be held on 17^th & 18th June, 2019 in Moscow, Russia is concerned, the same was not provided to her. The complainant has specifically stated that the OPs have not provided the adequate information regarding the availing of the said benefit. However, the OPs sent a formal invitation letter on 03.06.2019 to process the visa and directed her to submit the visa application form on 11.06.2019 and when she enquired for visa in Russian Embassy, she was shocked to know that visa can't be issued before 17.06.2019, which was the inception date of Summit in Russia. The OPs had already mentioned in the email dated 03.06.2019 (Annexure C-3) that 7 days time takes for appointment in embassy and 7 more days are required for issuing of the Visa. The OPs had issued formal invitation letter on 03.06.2019 inspite of knowing factual situation of processing time for visa issuance.  Moreover, the Russian embassy is working only 3 days in a week at New Delhi. It was a pre-fabricated idea to collect the money from the innocent customers like the complainant to enrich themselves. But the complainant visited VPS of Russian Embassy for the visa submissions as per the advice given by the OPs but the appointment for visa in VFS Russia was not available in June as per information given by the VFS officials and she informed the same through whatsapp SMS on 06.06.2019 to the official of the OPs i.e.  Sristhi Narula (Annexure C-4). But the official of the OPs assured that they have already informed that they were arranging visa specially for the said event in collaboration with Russian Federation, therefore, she need not worry about the availability of appointment but on visit to VFS Russian embassy, the officials of VFS flatly refused to entertain the complainant and give visa appointment before 17.06.2019. The OPs assured to provide the visa for the event but failed to provide the visa for the Summit and started postponing the matter on one or other pretext. Thus, providing inadequate information to the complainant about the offer and alluring her to part with the hard earned money amounts to deficiency in service as well as adoption of unfair trade practice on the part of the OPs.
11.     Taking into consideration the fact that the OPs have provided the CRM subscription of software for 12 months, it is not justifiable to direct the OPs to refund the whole deposited amount i.e. Rs.98,599/-.   In our considered view, the interest of justice would be met if the OPs are directed to refund half of deposited amount to the complainant. We order accordingly.
12.     In the light of above observations, the present complaint deserves to succeed against the OPs.  Accordingly, the present complaint is partly allowed with direction to the OPs to refund Rs.49,300/- i.e. half of the deposited amount of Rs.98,599/- to the complainant along with interest @ 9% p.a. from the respective date of its deposit till the date of its actual payment to the complainant.
13.      The above said order shall be complied with by the OPs jointly and severally within a period of 90 days from the date of receipt of copy of this order.
14.     The pending application(s) if any, stands disposed of accordingly
15.     Certified copy of this order be communicated to the parties, as per rules. After compliance file be consigned to record room.

Announced in open Commission 17/11/2023
Sd/- (B.M.SHARMA)                MEMBER	Sd/- (AMRINDER SINGH SIDHU) PRESIDENT