GENESIS IMMIGRATION P LTD Vs. ARUN WILLIAMS

JUDGEMENT

(1.) VINAY KUMAR, MEMBER The revision petitioner, Genesis Immigration Pvt. Ltd., Chandigarh was OP No.1 before the District Forum in the consumer complaint filed by the Complainant Arun Williams. OP-2, Param Consultants, Jalandhar, Punjab had filed a separate appeal before the State Commission. Both these parties had challenged the order of District Forum-I, UT Chandigarh, wherein the District Forum had held the two OPs jointly and severely liable to pay to the complainant Rs.2,67,558/- with 6% interest from the date of deposit and also pay him a compensation of Rs.50,000/- for mental agony, harassment, financial loss and carrier loss. Both the appeals were dismissed by the State Commission. OP-1 has now invoked the revisional jurisdiction of this Commission in the present proceedings, seeking to have the impugned order set aside.

(2.) THE case of the complainant before the District Forum was that he planned to study in Australia for which he required a visa for travel and admission into a suitable college in Australia. THE complainant?s father met OP-2 in this behalf and also met OP-1 on his advice. An offer letter for admission to Hales College was obtained by the OPs. THE Complainant deposited Rs.2,67,000/- in the account number mentioned by OP-2. OP-2 was also paid Rs.50,000/- for his services and had sought another Rs.50,000/- after the visa was obtained.

(3.) CONSIDERING the above admissions in the written statements of OP-1 and OP-2 together with other records of the case, the District Forum came to a conclusion that both the OPs were liable jointly, to provide the requisite service to the Complainant. The District Forum also took note of the documentary evidence, which showed that the relevant records were received by OP-1 itself from the Complainant for which an acknowledgment was also issued to the Complainant. The District Forum, therefore rejected the argument of absence of privity of contract and absence of consideration raised on behalf of OP-1.