w w w . L a w y e r S e r v i c e s . i n



The Chairman and Managing Director, Worldwide Immigration Consultancy Services & Another v/s Antara Majumdar & Others


Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

Company & Directors' Information:- J K CONSULTANCY AND SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066762

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- WORLDWIDE CORPORATION LIMITED [Active] CIN = U27203CH1989PLC009878

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

Company & Directors' Information:- H S CONSULTANCY PVT LTD [Active] CIN = U74140WB1988PTC044368

Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- S M CONSULTANCY PVT LTD [Active] CIN = U74140WB1992PTC057293

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- A & T WORLDWIDE PRIVATE LIMITED [Active] CIN = U51909GJ2013PTC074854

Company & Directors' Information:- INDIA WORLDWIDE CONSULTANCY PRIVATE LIMITED [Active] CIN = U74999DL2001PTC113356

Company & Directors' Information:- K S CONSULTANCY SERVICES PVT LTD [Active] CIN = U74140WB1988PTC045137

Company & Directors' Information:- V R WORLDWIDE PRIVATE LIMITED [Active] CIN = U51909GJ2012PTC070389

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- WORLDWIDE IMMIGRATION CONSULTANCY SERVICES LIMITED [Not available for efiling] CIN = U74140CH1997PLC019491

Company & Directors' Information:- E TO E CONSULTANCY PRIVATE LIMITED [Active] CIN = U63030KA2008PTC048557

Company & Directors' Information:- Y A CONSULTANCY SERVICES PVT LTD [Active] CIN = U74140WB1987PTC043225

Company & Directors' Information:- R. A. CONSULTANCY PVT. LTD. [Under Process of Striking Off] CIN = U67120WB1994PTC066521

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

Company & Directors' Information:- V G CONSULTANCY PRIVATE LIMITED [Active] CIN = U74899DL1993PTC054746

Company & Directors' Information:- L S D CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262781

Company & Directors' Information:- K .P. A. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140WB2010PTC142889

Company & Directors' Information:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

Company & Directors' Information:- P O CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U93000WB2009PTC134219

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

Company & Directors' Information:- T K M CONSULTANCY INDIA PRIVATE LIMITED [Strike Off] CIN = U74140KL1998PTC012694

Company & Directors' Information:- A & A CONSULTANCY PVT. LTD. [Active] CIN = U74140WB1986PTC040777

Company & Directors' Information:- Y K CONSULTANCY (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL2003PTC121113

Company & Directors' Information:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

Company & Directors' Information:- L M J CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2010PTC208950

Company & Directors' Information:- R. K . CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140AS2006PTC008131

Company & Directors' Information:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- A & A SERVICES AND CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140OR2012PTC015010

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- J R CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74900TN2015PTC102294

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

Company & Directors' Information:- R A D CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2011PTC224038

Company & Directors' Information:- S I M CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2007PTC162468

Company & Directors' Information:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

Company & Directors' Information:- A TO Z IMMIGRATION SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1998PTC024407

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- V & T CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999CH2005PTC027862

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

Company & Directors' Information:- P C CONSULTANCY PVT LTD [Active] CIN = U74210WB1991PTC053835

Company & Directors' Information:- J A CONSULTANCY PRIVATE LIMITED [Under Process of Striking Off] CIN = U93090MH2008PTC188284

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- K C IMMIGRATION SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2003PTC035143

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- M Y M CONSULTANCY SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74900KA2011PTC058364

Company & Directors' Information:- S K A CONSULTANCY PRIVATE LIMITED [Active] CIN = U74999UP2020PTC136502

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- T C S CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140RJ1995PTC011052

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- K B M CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U72900TG2002PTC038403

Company & Directors' Information:- D M M CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140WB2010PTC151887

Company & Directors' Information:- C I S (INDIA) CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74120BR2013PTC021019

Company & Directors' Information:- R I W CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KL2013PTC034174

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- P S P CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900DL2011PTC222022

Company & Directors' Information:- N. K. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140HR2006PTC036471

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- M E CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140KL2012PTC031172

Company & Directors' Information:- M & M CONSULTANCY SERVICES PVT. LTD. [Strike Off] CIN = U74140WB1992PTC056149

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

Company & Directors' Information:- D. G. CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140WB2008PTC129948

Company & Directors' Information:- G & B IMMIGRATION CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140PB2015PTC039687

Company & Directors' Information:- A S IMMIGRATION CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999PB2004PTC027614

Company & Directors' Information:- V F C CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140RJ2015PTC048025

Company & Directors' Information:- E & C CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140TN2007PTC062260

Company & Directors' Information:- L & R CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140TN2009PTC072839

Company & Directors' Information:- P P CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74210TN1982PTC009556

Company & Directors' Information:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- P S WORLDWIDE PRIVATE LIMITED [Active] CIN = U51101MH2012PTC238923

Company & Directors' Information:- D P CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140PN2008PTC132654

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

Company & Directors' Information:- C AND H CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74100MH2004PTC148618

Company & Directors' Information:- R V K CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74120MH2011PTC221273

Company & Directors' Information:- H H S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74120MH2013PTC250345

Company & Directors' Information:- M & W CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74910TN2004PTC053384

Company & Directors' Information:- Y V R CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74900TG2015PTC098309

Company & Directors' Information:- J L I CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U72300UP2012PTC052649

Company & Directors' Information:- M P CONSULTANCY PVT LTD [Strike Off] CIN = U74120WB1996PTC081085

Company & Directors' Information:- J. L. CONSULTANCY PVT LTD [Active] CIN = U74140WB1985PTC039818

Company & Directors' Information:- S E S CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74999WB2011PTC170939

Company & Directors' Information:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

Company & Directors' Information:- S K CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000JH2012PTC000348

Company & Directors' Information:- R & A CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U67100DL2011PTC215340

Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- G S IMMIGRATION SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2005PTC137554

Company & Directors' Information:- A C G CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140DL2005PTC140720

Company & Directors' Information:- H M S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2010PTC201488

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

Company & Directors' Information:- D & G CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U65990DL2011PTC214142

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- R H H H CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900AP2014PTC095348

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- A & C CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140KA2008PTC046754

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- J S M CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U93000HR2011PTC043455

Company & Directors' Information:- MAJUMDAR CONSULTANCY PRIVATE LIMITED [Active] CIN = U72200KA2014PTC075102

Company & Directors' Information:- A P R CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U93000KA2014PTC073639

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

Company & Directors' Information:- J V WORLDWIDE PRIVATE LIMITED [Strike Off] CIN = U51909GJ2014PTC078156

Company & Directors' Information:- L AND L CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140KL1997PTC011084

Company & Directors' Information:- J AND S CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140KL2005PTC018496

Company & Directors' Information:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- Z & H CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U85190KL2008PTC023534

Company & Directors' Information:- M AND M WORLDWIDE PRIVATE LIMITED [Strike Off] CIN = U74110GJ2014PTC078953

Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

Company & Directors' Information:- D C D CONSULTANCY PRIVATE LIMITED [Active] CIN = U74999RJ2020PTC071399

Company & Directors' Information:- D AND N CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2020PTC195417

Company & Directors' Information:- S S G CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TN1997PTC037763

Company & Directors' Information:- G R IMMIGRATION SERVICES PRIVATE LIMITED [Strike Off] CIN = U72900PB1998PTC021842

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- V Z CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140MH2007PTC170875

Company & Directors' Information:- F T CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900CH2007PTC030854

Company & Directors' Information:- R S IMMIGRATION CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900CH2007PTC030976

Company & Directors' Information:- M AND M CONSULTANCY PVT LTD [Strike Off] CIN = U74140PB1985PTC006557

Company & Directors' Information:- SERVICES AND CONSULTANCY P. LTD. [Strike Off] CIN = U99999DL2000PTC902217

    First Appeal No. A/57/2016

    Decided On, 05 February 2020

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. SHYAMAL GUPTA
    By, PRESIDING MEMBER & THE HONOURABLE MR. UTPAL KUMAR BHATTACHARYA
    By, MEMBER

    For the Appellant: Malini Chakraborty, Advocate. For the Respondents: Sumita Roy Chowdhury, Advocate.



Judgment Text


Shyamal Gupta, Member

Aggrieved with the decision of the Ld. District Forum, Kolkata – I (North) dated 18-12-2015 taken in respect of complaint case bearing no. 192 of 2013, this Appeal is preferred for setting aside the same.

The dispute between the parties cropped up over non-refund of the sum of Rs. 68,200/- plus US$ 1,600 that the Respondent No. 1 paid to the Appellants.

Parties were heard through their respective Ld. Advocates and documents on record gone through.

It seems, the Respondent No. 1 applied for P.R. Visa before the Canadian High Commission in the year 2004. However, as the Authority concerned did not decide the fate of her case even after 7 long years, feeling dejected, she asked for refund of the entire amount being paid to different authorities through the Appellant.

In this connection, Ld. Advocate appearing on behalf of the Appellants asserted that, processing and granting Visa in favour of an applicant falls within the exclusive domain of the Canadian High Commission and under no circumstances, they could be held liable for the delay occurred in processing the case of the Respondent No. 1.

It was also submitted that the Canadian Immigration Rules underwent major changes in the year 2008 and the Canadian High Commission floated a 38 Priority Occupation List (POL) and 29 POL wherein only those cases were being processed on priority by the Canadian High Commission which were filed on the basis of the 38 and 29 POL. The old cases, as that of the Respondent No. 1, which were filed in the year 2003 onwards were processed at a very slow pace by the Canadian High Commission. Vide Clause No. 7 of the Contract of Engagement; the Respondent No. 1 was informed that the Appellants would not be held responsible for any delay in processing the case due to backlog of cases or any other reason at the Visa Post. Also, this was duly communicated to the Respondent No. 1 vide email dated 06-01-2012.

There can be no manner of doubt that the Canadian High Commission took inordinate time to process the case of the Respondent No. 1. The Respondent No. 1 submitted her PR Visa application in the year 2004. Given that the Canadian High Commission duly intimated the Respondent No. 1 post submission of her Visa application that it would take approx. 33 months to process her case, once the said tentative period got over, had the Appellants swung into action in right earnest soon thereafter, probabilities were ripe that the application of the Respondent No. 1 reached its logical end much before the alleged changes in the Canadian Immigration Rules came into effect.

The Respondent No. 1 opted for the premium services of the Appellants out of her ardent desire that the latter would leave no stone unturned to fulfill her long cherished dream. It is an open secret that professional companies like the Appellants develop good rapport with Consulate Officials of different countries to facilitate early processing of the cases of their clients. There seems no good reason to buy the argument being advanced by the Ld. Advocate for the Appellants that they have got no control over the functioning of the Consulate officials. If that was indeed the case, general public would not rope in the services of companies like the Appellants.

In terms of the agreement executed between the Respondent No. 1 and the Appellants, the latter was committed to ensure speedy achievement of the objectives of the Respondent No. 1. There is, however, nothing on record to show that after the tentative period of 33 months got over, the Appellants even once followed up the case of the Respondent No. 1 with the Canadian High Commission. This is inexplicable.

After taking hefty retainer fees from the Respondent No. 1, it was incumbent on the part of the Appellants to maintain proper liaison with the Canadian High Commission to ensure expeditious disposal of the application of the Respondent No. 1. However, in absence of any material proof to suggest so, we are constrained to hold the Appellants guilty of deficiency in service.

As regards the demand of the Respondent No. 1 for refund of the sum of US$ 1,600 being paid to Global Strategic Business Consultancy Corporation, it seems, the Appellants themselves received the amount on behalf of the said company.

Ld. Advocate for the Appellants could not offer any valid explanation as to why they went overdrive to facilitate inking of agreement between the Respondent No. 1 and M/s Global Strategic Business Consultancy Corporation despite being acutely aware of the snail pace at which PR Visa applications were being handled by the Canadian High Commission in those days. Inking the agreement at such a nascent stage, to our mind, was akin to putting the cart before the horse.

It is true that in terms of the forfeiture clause contained in the agreement executed between the Respondent No. 1 and Global Strategic Business Consultancy Corporation, the former deserved no refund as she herself withdrew her case. That said, we cannot overlook the fact that, thanks to the casual/laid back approach of the Appellants, the visa application of the Respondent No. 1 gathered dust for years together resulting which, the Respondent No. 1 lost all her hope and out of sheer disguise, she applied for closing her case. It being completely a force majeure situation for which the Respondent No. 1 was not responsible in any manner whatsoever and as M/s Global Strategic Business Consultancy Corporation rendered no service at all to the Respondent No. 1, we are of view that the said organization cannot hold back the payment being received by it from the Respondent No. 1 and since everything was done at the behest of the Appellants, they shall have to take requisite steps to facilitate refund of the sum of US$ 1,600 to the Respondent No. 1. In case they fail to secure this amount from the said company, in that case, Appellants shall have

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to shoulder the entire financial burden in this regard. In addition, the Appellants shall also return 75% of the amount of Rs. 68,200/- that they received from the Respondent No. 1 along with litigation cost for a sum of Rs. 20,000/-. In case the entire decreetal sum is not paid to the Respondent No. 1 within 40 days from the date of passing of this order, Appellants shall have to face legal consequences as mandated under the 1986 Act besides payment of simple interest @ 9% p.a. over the aforesaid decreetal sum for the entire period of default. Accordingly, the Appeal stands allowed in part. The impugned order is hereby set aside.
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