DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 350 of 7.9.2016
Decided on: 1.3.2018
Amit Aggarwal resident of House No.2444, Shamsher Singh Street, Patiala.
…………...Complainant
Versus
1. Worldwide Immigration Consultancy Service Ltd., SCO-11. 1st Floor, Leela Bhawan, Patiala through its Director.
2. Worldwide Immigration Consultancy Service Ltd., South East Asia Operations, A-12, Industrial Area, Phase 6, Mohali-160055, Punjab , through its Managing Director.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.G.S.Dharni,Advocate, counsel for complainant.
Sh.S.S.Sidhu,Advocate, counsel for Opposite Parties.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh.Amit Aggarwal, complainant has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.).
2. In brief, the case of the complainant is that he applied Visa under Skilled Worker Category for Canada, vide File No.C14-1101349 Rt/DI Br.:PAT/PAT through OP no.1, who assured that the same would be arranged by the Head Office, Mohali within three months. The OP asked the complainant for depositing Rs.149439/- which was deposited by him vide receipt No.1032151001 dated 3.1.2015. However, till date nothing has been done by the OPs for arranging Visa applied for by the complainant. He visited the office of the OPs several times , every time false assurance was given by the OPs. Ultimately he asked the OPs for the refund of the amount deposited by him but the OPs failed to pay any heed to his genuine requests. He also served a legal notice upon the OPs on 23.6.2016 but of no avail. The act and conduct of the OPs amounted to deficiency of service on their part. Hence this complaint with the prayer for giving direction to the OPs for putting his file before the embassy for granting Visa or the refund the amount got deposited from him alongwith interest @18% per annum from the date of deposit till realization; to refund the blank and other documents taken by the OPs at the time of applying for visa application; to pay Rs.50,000/-as compensation for causing mental agony and physical harassment and also to grant any other relief which this Forum may deem fit.
3. On being put to notice, the OPs appeared and filed the written version taking preliminary objections that the complaint is not maintainable as disputed questions of facts involved in the same; that no cause of action has accrued to the complainant for filing the present complaint and that the complainant is not a consumer as no services were availed by the complainant .On merits , it is stated that the receipt dated 3.1.2015 attached with the complaint is forged and fabricated document as all the payments towards professional fee of OPs are remitted either by cheque/demand draft, as per the policy. No assurance was given to the complainant for arranging his Visa within three months as the complainant has never entered into contract of engagement with the OPs. Thus the OPs had no obligation to arrange visa for the complainant. There is no deficiency of service on the part of the OPs. After denying all other averments made in the complaint, it was prayed to dismiss the complaint.
4. On being called to do so, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C4 and closed the evidence of the complainant.
The ld. counsel for the OPs has tendered in evidence Ex.OPA, affidavit of Sh.Rajiv Bajaj, Authorized representative of M/s WWICS Ltd. alongwith document Ex.OP1 and closed the evidence of the OPs.
5. We have heard the ld. counsel for the parties, gone through the written arguments filed by the ld. counsel for the parties and have also gone through the record of the case , carefully.
6. We have gone through the Contract of Engagement, Ex.C4, carefully, and found that the said contract has been executed between Amit Aggarwal i.e. complainant and the Global strategic Business Consultancy for short GSBC. At page no.3 of the said contract under the heading Duties of the company, it is mentioned as under:“The company shall provide all necessary information, knowledge and tools to WWICSL (WWICS Ltd.), hereinafter referred to as Associated Company. ……”. From the said contract, it is apparent that the GSBC is doing its business in collaboration with the WWICS Ltd. As per the complainant he had deposited a sum of Rs.1,49,439/- vide receipt dated 3.1.2015,Ex.C4 with WWICS and on its asking entered into an agreement with the GSBC. The plea of the complainant is that the OPs were to forward his case to the Canadian Embassy for grant of visa but nothing was done by them, which amounts to deficiency in service. Therefore, the OPs are liable to refund the amount of Rs.1,49,439/- paid to them as retainer fee alongwith interest. They are also liable to compensation him for the mental agony and physical harassment suffered by him alongwith litigation expenses. On the other hand, the stand of the OPs is that the complainant had not availed any services of the OPs and there was no privity of contract between them because as per the policy , OPs never accept cash payment towards professional fee. The receipt dated 3.1.2015 was not issued by them and it is a forged and fabricated one. It is prayed that the complaint filed by the complainant may be dismissed with costs. It may be stated here that the onus was on the OPs to prove that the receipt dated 3.1.2015 is forged and fabricated one. However, no cogent and convincing evidence has been placed on record by the OPs to prove the said fact. Therefore, we do not find any reason to believe that the said receipt is forged and fabricated one. From the receipt dated 3.1.2015 it is evident that the OPs had received the amount of Rs.1,49,439/- from the complainant on 3.1.2015.Once the OPs have received the consideration amount for rendering services to the complainant, then it was their bounded duty to do the needful. Failure on the party of the OPs to perform their duties as per the agreement , tantamount to deficiency in service on their part. The OPs are thus liable to refund the amount of Rs.149,439/- alongwith interest to the complainant . They are also liable to compensate the complainant for the mental agony and physical harassment suffered by him alongwith litigation expenses.
7. In view of the aforesaid discussion, we allow the complaint and direct the OPs in the following manner:
- To refund the amount of Rs.1,49,439/- alongwith interest @7% per annum from the date of deposit i.e.3.1.2015 till its realization;
- To pay Rs.10,000/-as compensation for causing mental agony and physical harassment to the complainant;
- To pay Rs.5000/-as cost of litigation expenses.
The OPs are further directed to comply the order within a period of 45 days from the date of the receipt of the certified copy of this order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:1.3.2018
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
