MEENAKSHI Vs. FOREIGN HORIZONS OVERSEAS CONSULTANTS PVT. LTD

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 23.01.2012, passed by the U.T. Chandigarh State Consumer Disputes Redressal Commission (for short 'the State Commission') in FA No. 249/2011, "Meenakshi versus Foreign Horizons Overseas Consultants Private Limited & Ors." vide which appeal filed by complainant/present petitioner against the order passed by the District Forum on 5.08.2011, allowing the said complaint was dismissed. During the course of hearing, the learned counsel for the petitioner moved application on 11.10.2013 for deletion of respondent no. 3 from the array of parties. The said application was allowed and the name of respondent no. 3 was deleted.

(2.) Brief facts of the case are that the petitioner/complainant submitted the requisite documents to respondents/OPs for arranging work permit visa for her for Australia and paid Rs. 85,000/-, in all, towards processing, documentation and consultation charges. On the insistence of the complainant, agreement dated 09.02.2009 was also executed between the parties. It has been alleged that subsequently the OPs got some blank documents and cheque etc. duly signed from the complainant. It is further alleged that later on the OPs converted the case of the complainant unilaterally from work permit visa to study visa and told her to deposit a further sum of Rs. 45,000/- in the name of one Mr. Naresh who was their associate. The complainant deposited Rs. 25,000/- on 5.5.2009, Rs. 20,000/- on 07.05.2009 and Rs. 15,700/- on 23.06.2009 with the OPs. Thereafter, she visited the office of the OPs many times, but when there was no response, she asked for refund of the money deposited. A sum of Rs. 85,000/- was returned to her by the OPs after lot of alleged harassment. She, however, demanded rest of the money amounting to Rs. 60,700/- and on failure of the OPs to give her the amount, she filed a consumer complaint against them, requesting refund of Rs. 60,700/- and Rs. 2,00,000/- as compensation for mental agony and harassment and Rs. 11,000/- as cost of litigation. The District Forum vide their order dated 05.08.2011 allowed the complaint and directed the OPs to pay a sum of Rs. 10,000/- for mental agony and harassment besides Rs. 5,000/- as cost of litigation. The complainant filed an appeal before the State Commission asking for enhancement of compensation, but the same was dismissed as per impugned order. It is against this order that the present petition has been made.

(3.) At the time of hearing before us, the learned counsel for the petitioner pleaded that the petitioner has suffered lot of harassment at the hands of the OPs and hence, compensation to be granted to her to the tune of Rs. 2,00,000/- on account of mental agony and harassment and punitive damages of Rs. 1 lakh should be awarded in favour of the petitioner as the OPs had played with the career of the petitioner. Learned counsel invited our attention to copy of the agreement between the parties, saying that the OPs had failed to discharge their duties as stated in the said agreement.