D.O.F:07/02/2023
D.O.O:29/12/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.39/2023
Dated this, the 29th day of December 2023
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT. BEENA. K.G :MEMBER
Sureshan.C.V
S/o V. Kannan, Sunil Nivas,
Kizhakkumkara, P.O Ajanur,
Kasaragod District, 671531 : Complainant
And
1. Eagle i Advisor, represented by owner
Mr. Gurinder Singh,
SCO, 364, 365,366, 3rd Floor,
Sector 34 A, Market Road,
Sub City Centre, Chandigarh
Pin: 160022
2. Mr. Gurinder Singh,
Owner and Director Eagle i Advisor,
4th Floor,Sector 34 A, Market Road,
Sub City Centre, Chandigarh
Pin: 160022 : Opposite Parties
3. Mrs Prianka,
Manager, Eagle i Advisor,
3rd Floor,Sector 34 A, Market Road,
Sub City Centre, Chandigarh
Pin: 160022
(Adv: Annama John. V)
ORDER
SRI. KRISHNAN.K : PRESIDENT
The facts of the case is as follows:
That the complainant says he is a Civil Engineering diploma holder. He was working as quality control technician in Elbros company in Malta, Europe till 15/08/2022. He was drawing salary of Rs. 1,50,000/- with free food and accommodation. While complainant was on live in the native place. The Opposite Party No:1 offered better job opportunities in Canada they offered monthly salary of Canadian dollar equivalent to 2.80,000/- Indian rupee and free air ticket to native place every year.
He further states that his visa is in force till 2023. He was seeking prosperity of renewal of the visa with job. The Opposite Party promised Canadian visa and undertook not to collect consulting fee for processing job visa. As per Opposite Parties direction complainant attended the office of the Opposite Party at Chadigarh with full documents on 07/09/2022 Opposite Party demanded to keep passport as security to the office or else to deposit Rs. 5000/- as cash security. Accordingly he paid Rs.5000/- and obtained receipt. On 16/01/2023 Opposite Party through Opposite Party No:3 called the complainant and informed that there will be a telephone call from the Canadian High Commissioner. He got medical examination from Golden Plus Diagnostic Centre and he paid Rs. 7500/- as cost.
On 07/11/2022 complainant executed on agreement. Again on 03/12/2022; Opposite party demanded Rs. 7500/- for medical examination. On 16/01/2023 Opposite Party informed the complainant through phone call regarding a telephone call from a Canadian High Commissioner regarding details of visa and stamping of visa in passport. Thereafter Opposite Party evaded the enquiries from complainant. Complainant lost huge money due to the deficiency in service of Opposite Parties for which complainants claim Rs. 9,46,468/- as lost money and 2 lakhs as compensation for deficiency in service
The Opposite Party No:1 and 2 appeared and filed written version notice of Opposite Party No:3 returned stating no such address.
The Opposite Party No:1 and 2 denied all the averments in the complainant they submitted that they have not collected /received any account from the complainant as security deposit or for any other purpose. The Opposite Parties never sent complainant for medical test, and also denied that they never met complainant with full set of documents, and demanded passport as security or else to deposit Rs. 5000/- as security. They denied that they have collected health travel insurance. They not offered job to complainant and denied any liability as alleged in the complaint and prayed to dismiss the complaint.
The complainant filed chief affidavit and Ext A1 to A9 documents marked from his side. He was cross examined as Pw1 by opposite Parties. The Opposite Party No:1 produced document marked as Ext B1. Ext A1 is acceptance letter, Ext A2 is Identity card, Ext A3 is statement of account, Ext A4 is bill, Ext A5 is bills, Ext A6 is certificate, Ext A7 is affidavit, Ext A8 is miscellaneous bills and Ext A9 photo copy medical certificate.
From the rival contentions following points arised for consideration:-
- Whether there is any deficiency in service from Opposite Parties?
- Whether complainant as entitled for compensation? If so for what reliefs?
The case of the complainant is that opposite parties offered good job in Canada and collected money in different heads, but later they cheated complainant. But opposite party denies all the allegations and stated that they have never promised any job opportunity to complainant and not collected any amount from complainant.
While in cross complainant deposed that PGV has given the receipt for the payment in which the name of Opposite parties are not mentioned. And also states that receipt of Rs. 20,000/- paid to Eagle is received. And stats that he has paid Rs. 7500/- to opposite parties but no connection with Opposite party No:1 and 2 receipt is issued by Golden Plus which is not provided that they have any connection with opposite parties.
From the evidence on remanded and documents produced by complainant, not connects with the Opposite parties. The complainant in chief examination affidavit stated that he has no connection with PGV overseas and connection is only with opposite parties the name of opposite parties never shown in any of the receipt produced here with. On perusal of the documents produced by the complainant clearly shows that the receipts and medical examination receipts are issued by PGV and golden Plus Diagnostic centre they were not party to the case. And also complainant fasted to prove his case by adducing reliable evidence. It is therefore complainant is dismissed with no order as to cost.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits :
A1- Acceptance letter
A2- Copy of the identity card of Elbros Construction Company Malta
A3 - Statement of account,
A4 - Bill,
A5 - Bills,
A6 – Salary slip of Elbros construction company Malta July 2022
A7- Affidavit,
A8 - Miscellaneous bills
A9 - Photo copy medical certificate.
B1- Rent agreement
Witness Examined
Pw1- Sureshan.C.V
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
