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 Opposite Parties allured the complainant to send him Canada and made his file bearing No.C-15/1121901/88685 and received Rs.2,35,956/- on 25.05.2015 (Rs.2,30,956/- through cheque and Rs.5,000/- as cash) and Opposite Parties again received Rs.3,22,586/- vide cheque dated 27.06.2015 of Indian Overseas bank and stated to equal to 5000 dollars from the complainant. Not only this, the Opposite Parties also received Rs.5000/- on account of increase the rate of dollar. In all, the Opposite Parties received Rs.5,63,541/- from the complainant through his father and at that time, the Opposite Parties assured to send the complainant within 12 months and in this regard, the Opposite Parties also obtained signatures of the complainant on various forms. Not only this, the Opposite Parties also promised that in case they failed to send the complainant to Canada then, the Opposite Parties have to refund the said amount alongwith interest. But despite repeated visits to the office of Opposite Parties, neither the Opposite Parties send the complainant to Canada nor refunded the amount as promised. In this way, the Opposite Parties failed to render the requisite services to the complainant and the complainant suffered huge mental tension and harassment due to the negligence on the part of the Opposite Parties. Vide instant complaint, the complainant has sought the following reliefs.
a) The Opposite Parties may be directed to refund the amount of Rs.5,63,641/- alongwith interest @ 12% per annum till its payment and also to pay compensation of Rs.4 lakhs for harassment, mental agony as well as Rs.25,000/- as costs of litigation.
3. Opposite Parties appeared through counsel and contested the complaint by filing the written version taking preliminary objections therein inter alia that the complaint filed by the complainant is not maintainable and is liable to be dismissed. In fact, the present case is a case of Voluntary Withdrawn and non cooperation. The complainant after signing the contracts of Engagement dated 25.05.2015 for Provincial Nominee Program-Job Offer has voluntarily withdrawn his case vide refund application alongwith declaration form dated 04.05.2017, therefore as per clause 9(i)(ii) of the contract, the complainant is not entitled to any refund. Further as per the Refund Clause of Contract, the services provided by the company being professional in nature, the entire fee is non refundable and hence the present complaint needs dismissal. However, as a special case and as a goodwill gesture, the Opposite Parties approved an amount of Rs.1,26,000/- which lateron the amount was enhanced to Rs.1,30,000/- out of the amount paid by the complainant of Rs.1,80,000/- (excluding service charges tax of Rs.22,248/- which is non refundable) and even M/s.GSBC, Dubai approved an amount of US$ 3500 and enhanced to the amount of US$ 4000 out of the amount paid US$5000, but the complainant has failed to submit his consent letter and due to which the refund of the said amount could not be initiated. On merits, the Opposite Parties took up almost the same and similar pleas as taken up by them in the preliminary objections and as such, there is no deficiency in service on the part of the Opposite Parties and the complaint may be dismissed with costs.
4. In order to prove his case, the complainant has tendered into evidence his affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.12, copy of aadhar card Ex.CA/1, another affidavit Ex.CB alongwith copy of documents Ex.C13 and Ex.CB/1 and Ex.C1 to Ex.C12 closed the evidence on behalf of the complainant.
5. On the other hand, to rebut the evidence of the complainant, Opposite Parties also tendered into evidence the affidavit of Ex.RA longwith copies of documents Ex.OP1 and Ex.OP8 and closed the evidence.
6. We have heard the ld.counsel for the parties and also gone through the documents placed on record.
7. Ld.counsel for the Complainant has mainly reiterated the facts as narrated in the complaint and contended that Opposite Parties allured the complainant to send him Canada and made his file bearing No.C-15/1121901/88685 and received Rs.2,35,956/- on 25.05.2015 (Rs.2,30,956/- through cheque and Rs.5,000/- as cash) and Opposite Parties again received Rs.3,22,586/- vide cheque dated 27.06.2015 of Indian Overseas bank and stated to equal to 5000 dollars from the complainant. Not only this, the Opposite Parties also received Rs.5000/- on account of increase the rate of dollar. In all, the Opposite Parties received Rs.5,63,541/- from the complainant through his father and at that time, the Opposite Parties assured to send the complainant within 12 months and in this regard, the Opposite Parties also obtained signatures of the complainant on various forms. Not only this, the Opposite Parties also promised that in case they failed to send the complainant to Canada then, the Opposite Parties have to refund the said amount alongwith interest. But despite repeated visits to the office of Opposite Parties, neither the Opposite Parties send the complainant to Canada nor refunded the amount as promised. In this way, the Opposite Parties failed to render the requisite services to the complainant.
8. On the other hand, ld.counsel for the Opposite Party has repelled the aforesaid contention of the ld.counsel for the complainant on the ground that in fact, the present case is a case of Voluntary Withdrawn and non cooperation. The complainant after signing the contracts of Engagement dated 25.05.2015 for Provincial Nominee Program-Job Offer has voluntarily withdrawn his case vide refund application alongwith declaration form dated 04.05.2017, therefore as per clause 9(i)(ii) of the contract, the complainant is not entitled to any refund. Further as per the Refund Clause of Contract, the services provided by the company being professional in nature, the entire fee is non refundable and hence the present complaint needs dismissal. However, as a special case and as a goodwill gesture, the Opposite Parties approved an amount of Rs.1,26,000/- which lateron the amount was enhanced to Rs.1,30,000/- out of the amount paid by the complainant of Rs.1,80,000/- (excluding service charges tax of Rs.22,248/- which is non refundable) and even M/s.GSBC, Dubai approved an amount of US$ 3500 and enhanced to the amount of US$ 4000 out of the amount paid US$5000, but the complainant has failed to submit his consent letter and due to which the refund of the said amount could not be initiated.
9. Perusal of the record shows that the instant complaint has been filed by the complainant for the redressal of his grievances on 31.08.2017 by spending hefty amount on counsel fee, documentations etc. and hence, keeping in view the offer made by the Opposite Parties, it will be in the interest of the complainant, if the said offered amount is ordered to be paid to the complainant alongwith interest.
10. In view of the aforesaid facts and circumstances of the case, we allow the complaint of the complainant and direct the Opposite Parties to make the payment of Rs.1,30,000/- (Rupees one lakh thirty thousands only) plus US$ 4000 (equal to the Indian currency rate on the date of payment) alongwith interest @ 8% per annum from the date of filing the present complaint i.e. 31.08.2017 till its actual realization. Opposite Parties 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 the Opposite Parties 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.
11. 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.
Dated: 23.05.2022.
