BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SAS NAGAR, MOHALI
Consumer Complaint No.648 of 2014
Date of institution: 10.11.2014
Date of Decision: 27.05.2015
Balraj Banga son of Chander Parkash resident of House No.791, Phase-10, Mohali.
……..Complainant
Versus
World Wide Immigration Consultancy Services Ltd., Corporate Office A-12, Industrial Area, Phase-VI, Mohali through its Managing Director.
………. Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
CORAM
Mrs. Madhu. P. Singh, President.
Mrs. R.K. Aulakh, Member.
Present: Capt. Arun Sharma, counsel for the complainant.
Shri K.S. Rupal, counsel for the OP.
(Mrs. Madhu P. Singh, President)
ORDER
The complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 for issuance of following directions to the Opposite Party (for short ‘the OP’):
(a) to refund him Rs.67,416/- and Australian Dollars 866 (Rs.1,15,000/- Approx.) with interest @ 18% per annum from the dates of deposit till realization.
(b) to pay him Rs.1,10,000/- as compensation for harassment and mental agony.
(c) to pay him Rs.11,000/- as costs of litigation.
The complainant’s case is that he has done D. Pharmacy, B.Sc and MBA Marketing. He approached the OP for visa to Australia under skill assessment as a Sales Representative. As per the demand of the OP, the complainant furnished all the details for processing his case for permanent residence to Australia. The OP charged an amount of Rs.67,416/- and 866 Australian Dollar. Contract of engagement Ex.C-1 was signed between the parties. Due to furnishing of wrong particulars in the papers by the OP, his application was declined and the complainant got negative skill assessment and this fact has been admitted by the OP in the email dated 25.07.2014 Ex.C-5. Due to the act of omission on the part of the OP, the complainant has suffered mentally, physically and monetary. Thus the complainant sought refund of the money deposited by him with the OP which has not been refunded to him till despite issuance of legal notice dated 16.09.2014.
2. The OP in the written statement has pleaded the OP has already refunded Rs.60,000/- to the complainant out of Rs.67,416/- as Rs.7,416/- has been paid by the OP towards service tax which has gone to State Exchequer and is non refundable. The remaining amount of AUS $ 866 would also be paid to the complainant on or before 20.01.2015. Thus, denying any deficiency in service on its part, the OP has sought dismissal of the complaint.
3. Evidence of the complainant consists of his affidavit Ex.CW-1/1; copies of documents Ex.C-1 to C-6.
4. Evidence of the OP consists of affidavit of Rajiv Bajaj, its authorized representative Ex.OP-1/1 and copies of documents Ex.OP-1 to OP-4.
5. We have heard the learned counsel for the parties and have gone through the written arguments filed by the OP.
6. Admittedly the complainant has availed the services of the OP for skilled migration assessment Vetasses and the OP has charged an amount of Rs.67,416/- and 866 Australian Dollar vide statement of accounts Ex.C-2 and Ex.C-2/A. The complainant has done D. Pharmacy, B.Sc and MBA Marketing and wanted his skill assessment as sales representative (Medical and Pharmaceutical Products) for visa to Australia. The grievance of the complainant is that despite having submitted all necessary documents and papers, the OPs have not provided proper and effective service to him and as a result his application was declined and he got negative skill assessment of the occupation sought and this factum has been duly admitted by the OP vide e-mail Ex.C-5. Thereafter, the complainant has asked for refund of the amount which has been refused to him necessitating him to approach this Forum for redressal of his grievance.
7. Admittedly during the course of proceedings the OPs have refunded the deposited amount i.e. Rs.60,000/- on 12.12.2014 and Rs.43,820/- equivalent to 866 AUS $ at the conversion rate of Rs.50.60 per AUS $ as prevalent on that date on 20.01.2015. The complainant has received both the amounts under protest reserving his right to contest his other claims raised in the complaint. Once the deposited amounts have been received by the complainant, that issue does not need any deliberation. However, the other claims raised in the complaint by the complainant are compensation for harassment and mental agony and cost of litigation.
8. Admittedly the complainant has not been provided proper and effective services by the OP as the conduct of the OP is per se evident as it has refunded the deposited amounts. Therefore, the deficiency in service and unfair trade practice is writ large on the part of the OP. Admittedly the services were availed by the complainant on 30.01.2014 and after retaining the said amount for one long year the same has been refunded to the complainant by the OP now during the course of proceedings. During the said period the complainant has been put to mental agony and harassment and his one long year has been wasted in uncertainty due to the acts of omission and commission of the OP. Therefore, on this account the complaint deserves to be allowed and the complainant deserves to be compensated.
9. In view of above discussion, the complaint is allowed with the following direction to the OP:
(a) to pay a lump sum compensation of Rs.50,000/- (Rs. Fifty thousand only) to the complainant on account of 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.
May 27, 2015.
(Mrs. Madhu P. Singh)
President
(Mrs. R.K. Aulakh)
Member
