Punjab

Faridkot

CC/17/98

RAMANPREET SINGH DHALIWAL - Complainant(s)

Versus

WORLDWIDE IMMIGRATION SOLUTIONS - Opp.Party(s)

Atul Gupta

11 Jul 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

 

Complaint No. :          98

Date of Institution:      22.03.2017

Date of Decision :       11.07.2017

 

Ramanpreet Singh Dhaliwal aged about 21 years, s/o  Ajit Singh s/o Hakam Singh r/o House No. 3, Punjab Mandi Board Colony, Sadiq Road, Faridkot, Tehsil & District Faridkot, Mobile NO.94632-32321.

...Complainant

Versus

1. Worldwide Immigration Solutions, through Ruchi James;
2. Worldwide Immigration Solutions, through Ms Sharda;
3. Worldwide Immigration Solutions, through its Authorized Signatory;

All having office at SCO No.141, IInd Floor  Sector-40-C, Chandigarh.

                                            ....Opposite parties

 

Complaint under Section 12 of the

Consumer Protection Act, 1986.

 

Quorum:     Sh. Ajit Aggarwal, President,

Sh. P. Singla, Member.

 

Present:      Sh. Atul Gupta, Ld Counsel for complainant,    

                  OP-1 to 3 Exparte.

 

ORDER

(Ajit Aggarwal, President)

                            Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against Ops seeking directions to OPs to refund the amount of Rs.5,64,450/- alongwith interest and to return the original passport and certificates of educational qualifications and for further directing them to pay Rs.2,00,000/- as compensation for mental agony and harassment besides litigation expenses of Rs.25,000/-.

2                                      Briefly stated, the case of the complainant is that complainant on going through and advertisement given in vernacular newspaper, complainant contacted OPs at Chandigarh and apprised his willingness to go to Australia. Ops assured him that he would be immigrated to Australia for studies and he will have to pay expenses of Rs.5,84,450/- and complainant agreed to pay the same. Complainant paid them amount of Rs.5,84,450/- on different dates commencing from 11.08.2015 and also submitted them his original passport and original detail marks card of 12^th, ILTES Score Card and OPs issued him receipt for documents received by them. Though complainant has paid amount of Rs.5,84,450/-to OPs, but they have issued receipt for Rs.20,000/-dt 4.09.2015 and for Rs.4,39,450/-dt 25.09.2014, but have not issued any receipt for remaining amount of Rs.1,28,000/-, which they received in cash from complainant. OPs had agreed that in case of refusal of immigration, the amount of Rs.5,64,450/-after deducting Rs.20,000/-of visa application fee alongwith original documents would be returned to complainant and as complainant could not be immigrated abroad through agency of OPs, therefore, he requested them to refund his amount of Rs.5,64,450/-as agreed between them. Thereafter, Ops issued three post dated cheques of Rs.20,000/-dated 1.12.2016, cheque for Rs.2,72,225/- dt 18.01.2017 and cheque for Rs.2,72,225/- dt 28.02.2017, but when the first cheque of Rs.20,000/-was presented by complainant in his bank, it returned in original with covering memo dt 22.12.2017 bearing endorsement that funds insufficient. Complainant brought this fact to the notice of Ops and at the instance of Ops, complainant again presented that cheque with his bank, but this time also, it met the same fate with endorsement ‘funds insufficient’ dt 31.01.2017. After that, complainant presented another cheque dt 18.01.2017 for Rs.2,72,225/- for clearance, but that cheque also returned back due to insufficient funds on 8.02.2017. then, complainant presented the last cheque dt 28.02.2017 in his bank, but that cheque was also dishonoured vide memo dt 1.03.2017 having endorsement that funds insufficient. Thus, all the cheques issued by OPs got dishonoured due to insufficient funds. Complainant also served legal notice dt 7.03.2017 to OPs wherein requested them to refund the amount of Rs.5,64,450/- alongwith interest and to return the original passport and certificates of educational qualifications given by complainant to them, but all in vain. All this act of Ops has caused great loss and mental agony to complainant and it amounts to deficiency in service and trade mal practice on the part of Ops and he has prayed for directions to OPs to refund the amount of Rs.5,64,450/- alongwith interest and to return the original passport and certificates of educational qualifications and for further directing them to pay Rs.2,00,000/- as compensation for mental agony and harassment besides litigation expenses of Rs.25,000/-. Hence, the instant complaint.

3                                            The Counsel for complainant was heard with regard to admission of the complaint and vide order dated 28.03.2017, complaint was admitted and notice was ordered to be issued to the opposite party.

 4                                                 Notice issued to Ops stands duly served through RC as well as publication but despite service of summons, no body made presence in the Forum either in person or through counsel and therefore, after long waiting till 4.00 pm, when no one appeared in the Forum on date fixed, then, vide order dated 22.06.2017, Ops were proceeded against exparte.                 

5                                             The complainant tendered in evidence his affidavit Ex.C-1 and documents Ex C-2 to C-19 and then, closed the evidence.

6                                                 As there is no rebuttal from Ops side, therefore, ld counsel for complainant advanced exparte arguments. Ld Counsel for complainant vehementally argued that on going through an advertisement given in vernacular newspaper, complainant contacted OPs at Chandigarh and apprised them his willingness to go to Australia. Ops assured him that he would be immigrated to Australia for studies and he will have to pay expenses of Rs.5,84,450/- and complainant agreed to pay the same. Complainant paid them amount of Rs.5,84,450/- on different dates commencing from 11.08.2015 and also submitted them his original passport and original detail marks card of 12^th, ILTES Score Card and OPs issued him receipt for documents received by them. Though complainant has paid amount of Rs.5,84,450/-to OPs, but they have issued receipt for Rs.20,000/-dt 4.09.2015 and for Rs.4,39,450/-dt 25.09.2014, but have not issued any receipt for remaining amount of Rs.1,28,000/-, which they received in cash from complainant. OPs had agreed that in case of refusal of immigration, the amount of Rs.5,64,450/-after deducting Rs.20,000/-of visa application fee alongwith original documents would be returned to complainant and as complainant could not be immigrated abroad through agency of OPs, therefore, he requested them to refund his amount of Rs.5,64,450/-as agreed between them. Thereafter, Ops issued three post dated cheques of Rs.20,000/-dated 1.12.2016, cheque for Rs.2,72,225/- dt 18.01.2017 and cheque for Rs.2,72,225/- dt 28.02.2017, but when the first cheque of Rs.20,000/-was presented by complainant in his bank, it returned in original with covering memo dt 22.12.2017 bearing endorsement that funds insufficient. Complainant brought this fact to the notice of Ops and at the instance of Ops, complainant again presented that cheque with his bank, but this time also, it met the same fate with endorsement ‘funds insufficient’ dt 31.01.2017. After that, complainant presented another cheque dt 18.01.2017 for Rs.2,72,225/- for clearance, but that cheque also returned back due to insufficient funds on 8.02.2017. then, complainant presented the last cheque dt 28.02.2017 in his bank, but that cheque was also dishonoured vide memo dt 1.03.2017 having endorsement that funds insufficient. Thus, all the cheques issued by OPs got dishonoured due to insufficient funds. Complainant also served legal notice dt 7.03.2017 to OPs wherein requested them to refund the amount of Rs.5,64,450/- alongwith interest and to return the original passport and certificates of educational qualifications given by complainant to them, but all in vain. All this amounts to deficiency in service for which he has prayed for compensation and litigation expenses besides the main relief.

7                                We have heard the ld Counsel for complainant and have also gone through the pleadings and evidence produced on record by complainant party. The case of the complainant is that he wanted to go abroad and for this purpose on assurance of OPs, he paid them Rs5,84,450/- as cost for sending him to Australia. It was agreed between parties that if OPs failed to send him to Australia, they would deduct Rs.20,000/-from amount paid by complainant and would refund the remaining amount of Rs.5,64,450/-to complainant. Complainant could not be sent to Australia and therefore, he requested for refund of his amount. OPs issued three post dated cheques, which were all dishonoured by bank due to insufficient balance in the account of OPs. Several requests and legal notice issued by complainant to get refund of his amount turned futile, which amounts to deficiency in service and has caused mental agony and harassment to complainant. On the contrary, there is no reply or rebuttal from OPs side. Complainant has relied upon documents Ex C-2 and Ex C-3 i.e copies of receipts showing the amount paid to Ops through cheques. Ex C-4 proves the pleading of complainant that he submitted documents with OPs. Ex C-5, Ex C-7 and Ex C-10 are copies of cheques issued by Ops in payment of refund to complainant for the amount deposited by him with OPs for sending him to Australia. Ex C-6, 8, 9, 11 and 12 are return memo issued by                         Bank of complainant showing clearly the fact that all cheques issued by OPs were dishonoured due to insufficient funds. Ex C-13 is the copy of legal notice, through which complainant made requests to OPs to refund his amount alongwith original documents submitted by him.

8                                            We are fully convinced with the evidence, arguments and documents produced by the Counsel for the complainant. The complainant succeeds in proving this case, so the present complaint in hand is allowed. The Ops are ordered to refund the amount of Rs.5,64,450/- alongwith interest at the rate of 9% per anum from the date of payment till final realization  and are also directed to return the original passport and certificates of educational qualifications submitted by complainant to them. OPs are further directed to pay Rs.5,000/- as compensation for mental agony and harassment suffered by complainant  besides litigation expenses of Rs.3,000/-. Ops are directed to comply with the order within one month from the date of receipt of the copy of the order failing which complainant shall be entitled to initiate proceedings under Section 25 and 27 of Consumer Protection Act. Copy of the order be supplied to parties free of cost as per law. File be consigned to the record room. 

Announced in Open Forum

Dated: 11.07.2017

 

                                        Member                               President

                                       (P Singla)                            (Ajit Aggarwal)