RAKESH KUMAR KHATTAR Vs. RAJINDER KUMAR JAIN

JUDGEMENT

(1.) TEMPTED with the advertisement published in Gujarat Samachar dated 2.9.2003 that teachers are needed in America for the subjects of Maths, Science and English, both the respondents approached the petitioner. Respondent No. 1, complainant in complaint case No. 445/2004 paid Rs. 25,000 to the petitioner. Respondent No. 2, complainant in case No. 444/2004 paid Rs. 20,000 to the petitioner. Amount was paid for getting visa and completing other formalities by the petitioner/opposite party No. 2. Respondents alleged that they did not get any response with regard to the progress in getting visa despite letters dated 5.2.2004, 23.2.2004 and 18.3.2004 from the petitioner. In the written statement filed to the complaints, the petitioner alleged that consultancy fees was not refundable; petitioner had sent the documents supplied by the respondents to International Teachers Recruitment LLC and nothing more was to be done by it.

(2.) MAIN thrust of argument advanced by Mr. Mahesh Chander Ambalal Bhat for petitioner is that the consultancy fees paid by the respondents was not refundable and it were the respondents who were responsible for not sending the requisite documents to the petitioner for processing the case for grant of visa, etc. In support of the contention, attention has been drawn to the documents at pages 40, 42, 43, 45 and 46 of the paper book. Order passed by the State Commission notices that no written intimation was sent to the respondents requiring them to furnish the documents by the petitioner and petitioner also did not send reply to any of the letters dated 5.2.2004, 23.2.2004 and 18.3.2004 sent by the respondents. In this backdrop, order for refund of the deposited amount with interest passed by the District Forum was rightly affirmed by the State Commission. There is no illegality or jurisdictional error in the impugned order calling for interference in revisional jurisdiction under Section 21(b) of Consumer Protection Act, 1986. Accordingly, revision petition is dismissed. Revision Petition dismissed.