The court said the placement agency, Real Services Inc, did not make any efforts to procure visa or a job in Canada for Haryana resident Inderjeet Singh and directed it to refund the money along with an interest at the rate of 12 per cent per annum from 2004.
"In absence of any proof of any effort made by the agency (Real Services Inc) in this regard, the defendant is liable to return the amount taken by him from the plaintiff (Singh) on the promise that a job and visa will be secured for the plaintiff in Canada.
"Thus, the plaintiff is entitled to recover the amount of Rs 1.10 lakh paid by him to the defendant on the basis of unfulfilled promise of defendant," Additional Senior Civil Judge Gautam Manan held.
Singh had moved the civil court in 2006 alleging that in July 2003 the agency had promised him to arrange a job in Canada under `general skill` category along with a visa for which he had paid Rs 1.1 lakh.
The plea for recovery of the money was opposed by Real Services Inc which said it has been in business of providing consultancy services of immigration, visa and jobs for several years and the service in case of Singh was delayed on account of Singh himself as he did not complete requisite formalities and refused to take the job offered to him.
The agency`s contention was, however, rejected by the court which observed that no proof has been produced to show that any effort for securing a job and visa for Singh was made.
"The defendant miserably failed to prove on record any effort made by him to secure a job and visa for the plaintiff after receiving of the amount of Rs 1.10 lakh," it said.