ABHINAV OUTSOURCINGS PVT LTD Vs. RAJESH NAIR

JUDGEMENT

(1.) Petitioner/Opposite Party being aggrieved by impugned order dated 19.4.2006, passed by Karnataka State Consumer Disputes Commission, Bangalore in (First Appeal No. 946 of 2006) has filed present revision petition.

(2.) Brief facts are, that Respondent/Complainant in response to an advertisement in the newspaper "Times of India", contacted petitioner in 2002 for processing his case for immigration to Canada. Petitioner's representative Ms. Emily, gave him a briefing about following requirements for processing his case for immigration ;

(3.) It is stated that since respondent was not having the passport of his spouse and child, he did not approach the petitioner. Thereafter, petitioner's representative repeatedly contacted him on phone. Respondent told her, that he would require two months' time to get passport of his spouse and child. Thereupon petitioner's representative replied that application for immigrations can be filed with only passport details of principal applicant. Accordingly, respondent paid first installment of fees of Rs.45,000/- and processing fee of 300 Canadian Dollars for principal applicant(self). Respondent also learnt French language within one year as per advise of the petitioner. Thereafter, respondent received mails from the petitioner on 3.12.2002 and 20.12.2002, stating that his application cannot be filed with Canadian High Commission (CHC) unless he submits receipt of passport application fee of his spouse and child as well as original Police clearance certificate of the spouse. It is alleged by the respondent that, thus petitioner knew previously itself that CHC would not accept a file without the processing fee of spouse and the child. Therefore, with false and incomplete information, petitioner engaged the respondent in the process and asked him to sign the contract. This amounts to negligence, fraud and breach of that trust by the petitioner.