WORLDWIDE IMMIGRATION CONSULTANCY SERVICE Vs. KRISHNA RADHA SHAMBU
LAWS(KERCDRC)-2010-3-8
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 03,2010

Worldwide Immigration Consultancy Service Appellant
VERSUS
Krishna Radha Shambu Respondents

JUDGEMENT

- (1.) THE appellants are the opposite parties in CC No. 137/2003 in the file of CDRF, Thiruvananthapuram. The appellants are under orders to pay a sum of Rs. 30,000/ - with compensation of Rs. 1,500/ - and costs of Rs. 1,000/ - to the complainant as well as interest at 12% if the amounts are not paid within 2 months from the date of receipt of the order.
(2.) THE case of the complainant is that he paid a sum of Rs. 30,000/ - to the opposite parties for arranging Canadian Permanent Visa. The opposite parties failed to provide the same causing much financial and mental strain to the complainant. They have also refused to refund the amount received and promised only to return Rs. 15,000/ -.
(3.) THE opposite parties have contended that the Forum has no jurisdiction in view of the arbitration clause in the agreement and that the venue of the arbitration is agreed to be at Chandigarh. It is also contended that the amount of Rs. 30,000/ - is not refundable. It is alleged that the necessary documents were not submitted despite repeated reminders. It is also contended that the complainant was directed to learn French which is mandatory for immigration. The evidence adduced consisted of the proof affidavits of the respective parties, Exts. P1 to P6 and D1.;


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