DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Gourav Bakshi son of Sh.Tek Chand resident of H.No.1183, Preet Nagar, VPO Barara District Ambala (Haryana).

…..Complainant

                                      V E R S U S

1.       WWICS, SCO No.2415-2416, Sector 22, Near Aroma Hotel, Chandigarh.

2.       Global Strategic Consultancy, Industrial Area, Plot No.A-12, Phase VI, Mohali.

……Opposite Parties/respondents

QUORUM:   P.L.AHUJA                                                  PRESIDENT

                   RAJINDER SINGH GILL                               MEMBER

                   DR.(MRS) MADANJIT KAUR SAHOTA         MEMBER

Argued by: Sh.Gorave Bhayyia, Counsel for complainant.

PER P.L.AHUJA, PRESIDENT

1.                Sh.Gourav Bakshi, complainant has filed this consumer complaint under Section 12 of the Consumer Protection Act, 1986, against WWICS & Anr. - Opposite Parties (hereinafter called the OPs/respondents), alleging that he is an Engineer by profession and applied for immigration under the programme of PR (Employee arrangement category) through file No.61841 in the month of September, 2010. It was proposed and assured by the respondent company that the complainant shall get the visa and immigration under PR (Employee arrangement category) and the respondent had already tied up with various companies in Canada and various clients of the company had already been selected, for which, a huge amount was charged from the complainant in US Dollars. It has been contended that the company sent three job offer letter to the complainant from the INVIS Canada, next Tech Computers and Fujitsu to extract the money from the complainant. In pursuance of the job letters, the complainant submitted fees for HRSDC process and in the month of April, he was informed that the job offer letter had been further sent for HRSDC approval. However, despite repeated queries and requests from the complainant, he came to know from respondent No.1 that his job offer letter approval was never submitted for HRSDC approval and rather the same has been cancelled by WWICS Company, due to some internal issues. The complainant has contended that it was tiring and humiliating for him to know that his job offer letter was never sent for approval for 1 ½ year and he felt defrauded and cheated from the hands of WWICS because they had received an amount of 10000 US Dollars. It has been contended that the time of the complainant was wasted and his career was ruined on the false promises and pretexts. It has been contended that the complainant asked the respondents for confirmation receipt many times but they want to deduct 300 US Dollars, which is illegal and arbitrary. It has been further averred that the company admitted their mistake and agreed to refund part of the amount through their emails, which are annexed with the complaint. It has been contended that the company is also liable for the loss of career as well as mental harassment, which was suffered by the complainant due to cheating and defrauding act of the company. The complainant has made a prayer for a direction to the respondents to pay Rs.15 lacs for their act of fraud and cheating and also for harassing him along with interest.

2.                We have gone through the material on record and heard the arguments addressed by the learned Counsel for the complainant on the question of admissibility of the complaint.

3.                A perusal of the complaint shows that the complainant has alleged fraud and cheating on the part of the company i.e. respondent No.1 on the ground that it received an amount of 10000 US Dollars but his job offer letter was never sent for approval for HRSDC for  1 ½ year. Significantly the complainant has not produced any copy of receipt showing that either of the respondents accepted an amount of 10000 US Dollars from him and assured him that he shall get the visa and immigration under the PR. The complainant did not append any Contract of Engagement executed by the respondents along with complaint. On our asking, he produced a copy of Contract of Engagement but the same shows that it was entered into with one Global Strategic Business Consultancy LLC (GSBC) head office at Dubai and not with respondents mentioned in the complaint. The copies of email messages at Annexure C-1 nowhere show that the respondents want to deduct 300 US Dollars from the amount paid by the complainant to them. Since the complainant has alleged fraud on the part of respondents and fraud is to be proved like a criminal charge, detailed evidence of the parties including cross examination of the witnesses shall be required to prove fraud and cheating. The questions involved in the complaint cannot be adjudicated by way of summary procedure by this Forum. We are of the opinion that since the complicated questions of facts and law are involved in this complaint, therefore, the same can be decided by the Civil Court or Criminal Court and not by this Forum by way of summary adjudication.

4.                For the reasons recorded above, we find that this complaint is not maintainable before this Forum. Accordingly, the complaint is dismissed with the observation that the complainant shall be free to file his complaint before the Civil/Criminal Court of competent jurisdiction.

5.                The certified copy of this order be sent to the complainant free of charge. The file be consigned.