ORDERS:
Charanjit Singh, President;
1 The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 34, 35 and 36 against the opposite party on the allegations that the opposite party is engaged in the business of travel agent and sending people abroad. The opposite party was agreed to send the complainant Rajesh son of Gopi Chand for the purpose of sending him abroad i.e. to Malta on Work Permit Visa for total amount of Rs. 5,50,000/- i.e. Rs. 2,50,000/- in advance and Rs. 3,00,000/- after getting work permit VISA. The opposite party took a sum of Rs.2,50,000/- as advance payment from the complainant and further agreed to receive total sum of Rs.03,00,000/- after getting the work permit VISA of Malta and further agreed that if due to some reason the VISA is refused the opposite party will refund back the total amount of Rs. 2,50,000/- to the complainant. On the assurance of the opposite party, the complainant in good faith made the payment of total amount of Rs.2,50,000/- through transfer from the bank account i.e. Kotak Mahindra Bank, Branch Pandori Gola Tarn Taran of Malhi Holidays and Travels through its Proprietor Heera Singh to the account of the opposite party i.e. Vohra Consultant Barodra Gujarat through its Proprietor Husen Birbhalbhai Vohra on different occasions in the month of August 2022 to March 2023 as and when demanded by the opposite party for the said purposes. But the opposite party miserably failed to send the complainant to abroad as agreed and VISA was refused on 18.05.2023. The complainant approached the opposite party on account of failure on his part and requested to refund back the total amount of Rs.2,50,000/- to the complainant as agreed earlier for the reason explained above. But the opposite party refused to return the amount of Rs. 2,50,000/- to the complainant as agreed by the opposite party. The complainant many a times approached the opposite party to return the above mentioned amount of Rs. 2,50,000/- but the opposite party lingered on the matter on one false pretext or the other and prayed that the following relieves may kindly be granted in favour of complainant.
- The opposite party may kindly be directed to disburse the whole claim amount to the complainant to the tune of Rs. 2,50,000/- alongwith interest.
- The opposite party may further kindly be directed to pay compensation to the tune of Rs. 50,000/- to the complainant on account of loss of mental and physical pain, harassment and inconvenience, caused to the complainant at the hands of the opposite party and Rs. 11,000/- as litigation expenses in the interest of justice, equity and fair play.
Alongwith the complaint, the complainant has placed on record his affidavit Ex. C-1, self attested copy of Bank statement Ex. C-2, Self attested copy of Adhar Card of complainant Ex. C-3, Self attested copy of Transfer receipts ex. C4 to Ex. C-11, Affidavit of Heera Singh Ex. C-12.
2 Notice of this complaint was sent to the opposite party but no one appeared on behalf of opposite party and consequently, the opposite party was proceeded against exparte vide order dated 23.11.2023.
3 We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.
4 The complainant has produced on record his affidavit Ex. C-1 and declared that the opposite party is engaged in the business of travel agent and sending people abroad. The opposite party was agreed to send the complainant Rajesh son of Gopi Chand for the purpose of sending him abroad i.e. to Malta on Work Permit Visa for total amount of Rs. 5,50,000/- i.e. Rs. 2,50,000/- in advance and Rs. 3,00,000/- after getting work permit VISA. The opposite party took a sum of Rs.2,50,000/- as advance payment from the complainant and further agreed to receive total sum of Rs.03,00,000/- after getting the work permit VISA of Malta and further agreed that if due to some reason the VISA is refused the opposite party will refund back the total amount of Rs. 2,50,000/- to the complainant. He further declared that on the assurance of the opposite party, the complainant in good faith made the payment of total amount of Rs.2,50,000/- through transfer from the bank account i.e. Kotak Mahindra Bank, Branch Pandori Gola Tarn Taran of Malhi Holidays and Travels through its Proprietor Heera Singh to the account of the opposite party i.e. Vohra Consultant Barodra Gujarat through its Proprietor Husen Birbhalbhai Vohra on different occasions in the month of August 2022 to March 2023 as and when demanded by the opposite party for the said purposes. He further declared that the opposite party miserably failed to send the complainant to abroad as agreed and VISA was refused on 18.05.2023. The complainant approached the opposite party on account of failure on his part and requested to refund back the total amount of Rs.2,50,000/- to the complainant as agreed earlier for the reason explained above. But the opposite party refused to return the amount of Rs. 2,50,000/- to the complainant as agreed by the opposite party. The complainant has also placed on record Bank statement Ex. C-2, Self self attested copies of transfer receipt i.e. receipt Ex. C-4 dated 30.8.2022 for Rs. 40,000/- and beneficiary name Husen Birbalbhai Vohra, receipt Ex. C-5 dated 31.8.2022 for Rs. 10,000/- beneficiary name Vohra Consultant Barodra Gujrat, receipt Ex. C-6 dated 13.9.2022 for Rs. 40,000/- beneficiary name Barodra Gujrat, receipt Ex. C-7 dated 12.10.2022 for Rs. 10,000/- beneficiary name Vohra Consultant Barodra Gujrat, receipt Ex. C-8 dated 16.11.2022 for Rs. 75,000/- beneficiary name Vohra Consultant Barodra Gujrat, receipt Ex C-9 dated 22.11.2022 for Rs. 25,000/- beneficiary name Vohra Consultant Barodra Gujrat, receipt Ex. C-10 dated 21.1.2023 for Rs. 25,000/- beneficiary name Vohra Consultant Barodra Gujrat, receipt Ex. C-11 dated 30.3.2023 for Rs. 25,000/- beneficiary name Vohra Consultant Barodra Gujrat. To support his version, the complainant has also placed on record affidavit of Heera Singh son of Mangal Singh as Ex. C-12. In this way, the complainant has made the payment of Rs. 2,50,000/- to the opposite party and according to complainant, he performed his part and made the payment of Rs 2,50,000/- to the opposite party but on the other hands the opposite party has failed to perform his part and the VISA of the complainant has been refused and the complainant prayed that the present complaint may be allowed.
5 The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Party is proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Party and opposite party did not appear in this Commission in order to contest the complaint which shows that the Opposite Party has nothing to say upon the allegations leveled against them by the complainant. The opposite party received Rs. 2,50,000/- from the complainant for the purpose of granting visa but has failed to provide the same and return the amount which the opposite party has received from the complainant for the said work as such, the act of the opposite party amounts to deficiency in service this is deficiency in service as well as unfair trade practice.
6 In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite Party. The opposite party is directed to pay Rs. 2,50,000/- to the complainant. The complainant has been unnecessarily harassed by the opposite party for a long time, therefore, the complainant is entitled to Rs. 25,000/- as compensation on account of harassment and mental agony and Rs 11,000/- as litigation expenses. Opposite Party is directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of filing instant complaint till its realisation. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.
Announced in Open Commission
25.09.2024
