IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> <br /> 2. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 291/09 DATED 24.11.2009<br /> ORDER<br /> <br /> Complainant K.A.Devadas, <br /> S/o S.Anandamurthy, <br /> R/at No.864, N.S. Road, Mysore.<br /> (By K.R.Indira and M.P.Chandrakantha, Advocates)<br /> <br /> Vs. <br /> Opposite Parties 1. Managing Director, World Wide Immigration Consultancy Services Ltd., (WWICS), Head Office, SCO:2415-16, Sector 22 –C, Chandigarh-160022.<br /> 2. Managing Director, World Wide Immigration Consultancy Services Ltd., (WWICS), Branch Office: Krishvi, No.2, 1st, Domlur, Airport Road, Bangalore-560071.<br /> (By Sri. B.P.K, Advocate)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 14.08.2009<br /> Date of appearance of O.P. : 07.09.2009<br /> Date of order : 24.11.2009<br /> Duration of Proceeding : 2 MONTHS 17 DAYS<br /> <br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> 1. The complainant has filed the complaint against the opposite parties, seeking an amount of Rs.30,000/- with interest at the rate of 18% p.a., the amount towards the professional service of providing immigration documents and also cost of the proceedings.<br /> 2. In the complaint, it is alleged that, the complainant entered into a contract with opposite party on 14.08.2007 for the purpose of obtaining professional services with respect to immigration including supply of visa from the lawful Authorities. The contract is in two sets. The first part dated 12.08.2007 and the second part dated 14.08.2007 signed by both the parties on offer and acceptance. The service offered by the opposite party to the complainant was categorized as gold package service, which includes both free landing and post landing. On the date of signing the contract, that is on 14.08.2007 complainant paid advance of Rs.30,000/- in cash towards the fees. The opposite party has not provided any kind of service to the complainant till date. The opposite party not made any efforts to discharge the contractual obligation. Complainant sent legal notice to opposite party, demanding repayment of the amount with interest. Reply was sent, contending that no documents were sent by the complainant. On these grounds, it is prayed to allow the complaint.<br /> 3. In the version, opposite party has contended that, this is a case of voluntarily withdrawn and non-submission of required documents. Also, it is contended that, the complaint is barred by limitation. Further, there being arbitration clause, the complaint before this Forum is not maintainable. Likewise, this Forum has no territorial jurisdiction. Further, it is contended that, as per clause 10 of the contract, the services provided being professional in nature, entire fess is non-refundable. Also, it is stated, as per clause 17 of the contract, complainant is not entitled for refund. On these grounds, it is prayed to dismiss the complaint.<br /> <br /> 4. To prove the facts alleged in the complaint, the complainant has filed his affidavit. On the other hand, for the first opposite party, Syed Akthar has filed his affidavit. Certain documents are produced. When the matter was posted for arguments finally, the complainant and the advocate remained absent. Though, the matter was adjourned five times for arguments, the complainant and the advocate remained absent. We heard arguments of learned advocate of opposite party and perused the records.<br /> 5. Now the points arises for consideration are as under:-<br /> 1. Whether the complainant has proved any deficiency in service on the part of the opposite party and that he is entitled to any reliefs?<br /> 2. What order?<br /> 6. Our findings are as under:-<br /> Point no.1 : Negative.<br /> Point no.2 : As per the order.<br /> REASONS<br /> <br /> 7. Point no. 1:- Main contention of the opposite party is that, the complainant voluntarily withdrawn from the case and did not submit the required documents. Hence, the opposite party contend that, there is no deficiency in service. <br /> 8. The copy of the contract between the parties is at page 73 and the second paragraph contains the duties of the complainant. Amongst other duties, it is stated that, complainant shall submit the complete case filing documents with the opposite party, within 30 days from the date of signing the agreement. This fact is stated by the witness for the opposite party on the second page of the affidavit. Also, it is stated by the witness that, the complainant failed to submit required documents, within 30 days and a reminder dated 06.02.2008 was sent to the complainant and in spite of it, the complainant again failed to submit the documents and consequently, the complainant became dis-interested and hence, the complainant is not entitled to the refund of the amount. This contention of the opposite party is not at all denied or disputed for the complainant. <br /> 9. In the contract, amongst other terms, at para 9, it is stated that, the opposite party will not refund any of the total fees for the reasons narrated therein. Considering this clause in the agreement and the contention of the opposite party, which is not at all denied or disputed for the complainant, prima-facie, it is established that, the complainant did not provide the documents required to obtain the immigration documents. Hence, no deficiency in service on the part of the opposite party, is established.<br /> 10. The opposite party has taken several other contentions, particularly the jurisdiction and so also, arbitration clause. But, in view of the fact noted above that the complainant has not proved the deficiency in service on the part of the opposite party, we feel it not necessary to go in detail all those aspects.<br /> 11. Accordingly we answer the point in negative.<br /> 12. Point No. 2:- Considering the discussion made above and conclusion arrived at, we pass the following order:- <br /> ORDER<br /> <br /> 1. The Complaint is dismissed.<br /> 2. There is no order as to costs.<br /> 3. Give a copy of this order to each party according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 24th November 2009)<br /> <br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br />