NCDRC

NCDRC

RP/3956/2010

CANADIAN 4UR IMMIGRATION SERVICES - Complainant(s)

Versus

SATVIR TANDON - Opp.Party(s)

MR. DEEPAK AGGARWAL

11 Nov 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3956 OF 2010
 
(Against the Order dated 07/10/2010 in Appeal No. 53/2010 of the State Commission Chandigarh)
1. CANADIAN 4UR IMMIGRATION SERVICES
S.C.O. 16-17, Sector 9-D, Madhya Marg
Chandigarh
...........Petitioner(s)
Versus 
1. SATVIR TANDON
Resident of House NO. 595, Meera Bai Chowk
Ropar - 140001
Punjab
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. DEEPAK AGGARWAL
For the Respondent :NEMO

Dated : 11 Nov 2010
ORDER

Petitioner was the opposite party before the District Forum.

          Case of the complainant/respondent, in short, is that the complainant had applied for a work permit for Canada through opposite party by paying Rs.50,000/- on 21.8.2007.  He was informed in May 2008 that his case was converted into Permanent

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Immigration.  Respondent was a diploma holder and he provided all the requisite information to the petitioner besides paying Rs.50,000/- as retainer fee, Rs.2,50,000/- towards approval fee, Rs.22,340/- as embassy fee, Rs.12,000/- towards miscellaneous preparations and Rs.1,000/- towards police clearance certificate.  Despite completing all the formalities, petitioner failed to process his case and thus, being aggrieved complainant filed the complaint before the District Forum seeking refund of Rs.3,35,340/- on account of mental agony caused to him.

          On being served, petitioner did not put in appearance and ex-parte proceedings were ordered against him.  Petitioner moved an application for setting aside the ex-parte order and the case was adjourned to two days after.  On the date of hearing, petitioner did not appear and was proceeded ex-parte.

          District Forum after taking into consideration the facts stated in the complaint to be correct, which remained unrebutted and the evidence produced by the respondent/complainant, allowed the complaint and directed the petitioner to pay Rs.3,22,340/- along with

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costs of Rs.5,000/- within 30 days of receipt of copy of the order, failing which he was required to pay interest @ 9% p.a. on the awarded amount.

          Petitioner being aggrieved filed an appeal before the State Commission.  The State Commission has dismissed the appeal by a detailed order.

          We agree with the view taken by the fora below.  Petitioner did not appear before the District Forum inspite of service.  The facts stated in the complaint remained unrebutted.  The evidence led by the respondent was also not controverted.  Petitioner has rightly been found to be negligent as he failed to provide the services for which the money was paid to him.  No merits.  Dismissed.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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