Order dictated by:

Ms.Rachna Arora, Presiding Member

1. Present complaint has been filed by Vikas under section 12 & 13 of the Consumer Protection Act alleging therein that opposite party No.1 is providing services for sending the persons Abroad after receipt of consideration which include providing and arranging visa, Tickets, Boarding and Loading abroad and getting job at a salary settled between the opposite parties and the visa seekers. Opposite party No.2 & 3 are its partners/Principal Officers/authorized signatories, responsible for the working of opposite party No.1. 
2. Opposite party No.1  through opposite parties No.2 & 3 offered a job to the complainant in Malaysia and promised to get work permit visa for him on payment of Rs. 1,40,000/- . On their assurances, the complainant hired the services of the opposite parties for getting a visa and job in Malaysia  and in this regard a written agreement dated 4.7.2017 was executed. The relevant terms settled between both the parties are reproduced hereinbelow:-

1. Whereas the Ist party is the holder of passport No. N4496791 dated 14.12.2015 issued by the Regional Passport ,Amritsar which expire on 13.12.2025 and he intend to apply for a Malaysia (visit to work permit) visa and for this purpose second party Alain Overseas hired this service
2. Whereas for this job client has to pay 1 lac forty thousand rupee only after visa. In case client withdrawn his file for any reason then he has to pay the visa amount of 6 thousand.
3. Our company will provide salary of 2000 ringgit
4. Food,accommodation, job and overtime will be provided by company
5. The duty time is about 12 hours
6. Open permit card will be provided by our company within 5 to 10 days.
7. If company fail to prove above services, return ticket plus expenses will be refunded by the company.”

It was also agreed between the parties that in case open pass is not received by the complainant  within 30-40 days, the opposite parties shall be responsible, in case the salary of complainant  is less than 2000 Ringert the opposite parties shall be responsible, in case entry is not given to complainant in Malaysia, the company shall return his amount. These terms were reduced into writing on a stamp paper of Rs. 50/- which is signed by the complainant as well as opposite parties No.2 & 3 on behalf of opposite party No.1. As per agreement the complainant paid a sum of Rs. 1,40,000/- on 6.10.2017 to the opposite parties through NEFT which were transferred to the account of the opposite parties company bearing No. 23770500270 in ICICI Bank, IFSC code ICIC000237 branch Fountain Chowk Mall Road, Ludhiana . The said amount was transferred from the bank account of Mrs.Ritu Sharma wife of complainant  bearing account No. 01541000012432. The opposite parties had provided visa to the complainant for Malaysis and arranged flight from Kochi to Kuala Lumpur which was boarded by the complainant on 10.10.2017 . But as no job was provided to the complainant within 15 days  by the opposite parties and his visa was only for 15 days, he could not overstay his visa so he had to return to India on 19.10.2017 after 10 days of his visit. At Kuala Lumpur, the complainant was lodged in a hostel and no proper arrangements were made for his boarding and lodging. The owners of hostel had detained his passport and the complainant had to pay Rs. 40000/- from his own pocket to the Hotel owners for release of his passport . Even the opposite parties had asked the complainant to illegally overstay his visit at Kuala Lumpur, beyond 15 days to get job there, but the complainant did not want to illegally stay there. The complainant had personally  contacted the opposite parties by visiting their office several times  asking them to refund the amount received from him alongwith interest, but they are feeding him with false hopes.  The complainant also approached the opposite parties  but the opposite parties No.2 & 3 flatly refused to refund the amount.  The act of the opposite parties amounts to deficiency in service, unfair trade practice in providing the agreed services as per agreement even after receipt of full payment. Vide instant complaint, complainant has sought for the following reliefs:-

1. Opposite parties be directed to  refund Rs. 1,40,000/- as received as per agreement alongwith Rs. 40000/- paid at the hostel in Malaysia alongwith interest @ 12% p.a.
2. Compensation to the tune of Rs. 1,00,000/- alongwith litigation expenses to the tune of Rs. 15000/- may also be awarded to the complainant.
3. Any other relief to which the complainant is found entitled may also be awarded to the complainant.

Hence, this complaint.

3.       Alongwith the complaint, complainant has filed copies of agreement dated 4.10.2017 Ex.C-1, affidavit/agreement on stamp paper of Rs. 50/- Ex.C-2, statement of account of Punjab and Sind Bank of Mrs. Ritu Sharma Ex.C-3, booking ID Air Asia dated 10.10.2017 Ex.C-4, E-Ticket Kuala Lumpur to Kochi dated 19.10.2017 Ex.C-5, Bank account ID of opposite parties Ex.C-6, Malaysia immigration entry note of complainant Ex.C-7, Advts. Of Internet by opposite party Ex.C-8.

4.       On the other hand opposite parties did not opt to put in appearance despite service of notice, as such they were ordered to be proceeded against ex-parte.

5.       We have heard the averment of the complainant and have carefully gone through the record on the file.  

6.       From the appraisal of the evidence on record, it becomes evident that the complainant availed the services of the opposite party No.1 through opposite parties No.2 & 3 and spent Rs. 1,40,000/- and in this regard an agreement was executed between the parties, copy of which is Ex.C-1 on record. As per the agreement the complainant was intended to apply for Malaysia visa (visit to work permit) and for this purpose he hired the services of opposite party No.1. It was also agreed between the parties that the complainant has to pay Rs. 1,40,000/- after arrival of the visa and salary is fixed at 2000 ringgit. Food, accommodation , job and overtime will be provided by the opposite party company and the duty time will for 12 hours  and the open permit card will be provided within 5 to 10 days and if the company fails to provide the above services , then it is admission on the part of the opposite parties that they will return  ticket plus expenses incurred by the complainant.  As the complainant has paid Rs. 1,40,000/- from the account of his wife Mrs. Ritu Sharma in the Punjab and Sind Bank, Dhab Wasti Ram, Amritsar bearing No. 01541000012432, copy of bank statement is Ex.C-3 on record  and the said amount was transferred to the account of opposite parties company bearing No. 23770500270 in ICICI Bank Branch Fountain Chowk, Mall Road, Ludhiana, copy of receipt is Ex.C-6 on record. However, the complainant was provided the visa for Malasya  (for issue of VP(Social) 15 days only), which is fully proved through Entri Note of Malaysia Immigration copy of which is Ex.C-7. Not only this the opposite party had arranged the flight from Kochi to Kuala Lumpur for 10.10.2017. But no work visa was provided to the complainant for which the complainant has hired the services of the opposite party by spending his hard earned money. No arrangement of stay of the complainant was made by the opposite parties and the complainant had to lodge in a hostel  illegally  for which the owner of the hostel had detained his passport and charged Rs. 40000/- for the  release of his passport.   But, however, the complainant has not proved this fact of spending Rs. 40000/- for release of his passport, as such this fact is not sustainable in the eyes of law.

7.       The evidence adduced by the complainant has gone unrebutted on record as opposite parties, despite due service, did not opt to appear and contest the complaint and thereby the opposite party impliedly  admitted the claim of the complainant, which further shows that the opposite parties had no defence to offer for contesting the case of the complainant. The very fact that opposite parties have not provided the services as assured by them for which they have charged a hefty amount of Rs. 1,40,000/- , as such the opposite parties are liable to refund the same alongwith compensation .

8.       In view of the above discussion we allow the instant complaint ex-parte with directions to opposite parties to make payment of Rs. 1,40,000/- to the complainant . The opposite parties are also directed to pay compensation to the tune of Rs. 20,000/- while litigation expenses are assessed at Rs. 10,000/-, to the complainant. Compliance of the order  be made within a period of 30 days from the date of receipt of copy of this order ; failing which, complainant shall be entitled to interest @ 9% p.a. on the awarded amount from the date of filing of the complaint till payment . Copies of the orders be furnished to the parties free of costs. File is ordered to be consigned to the record room.

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