Haryana

Karnal

CC/296/2022

Sandeep HUDA Director Of R.V. Education And Migration Consultant - Complainant(s)

Versus

Amandeep - Opp.Party(s)

Jaswant Singh

13 Jun 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

                                                      Complaint No. 296 of 2022

                                                      Date of instt.26.05.2022

                                                      Date of Decision 13.06.2022

Sandeep Huda Director of R.V. Education and Migration consultant SCO no.163, New Grain Market, Karnal.

                                                 …….Complainant.

                                              Versus

1.     Amandeep (Authorized signatory/dealing hand person) of Overseas education and Career consultant old char Chaman, Dyal Singh Colony Karnal now shifted to shop no.376, Ground floor, Mugal Canal Market Karnal (Mobile no.98880-84046).

2.     Biri Chawla (Authorized Signatory of Overseas Education and career consultant India PVt. Ltd., 5^th floor above Tanishq Showroom, Bhia Wala Chowk, Ferozpur Road, Ludhiana, Punjab 141001. Mobile no.704730023.

                                                                   …..Opposite Parties.

      Complaint u/s 35 of the Consumer Protection Act, 2019

Before   Sh. Jaswant Singh……President.       

      Dr. Rekha Chaudhary……Member

 Present: Shri Jaswant Singh, counsel for the complainant.

                (Jaswant Singh President)

ORDER:                    

                        The complainant has filed the present complaint u/s 35 of the Consumer Protection Act, 2019 against the opposite parties (hereinafter referred to as ‘OPs) on the averments that complainant dealing as agent in the name and style RV Education and Migration Consultants. After consultation with the students who wants to go abroad contract with another agency/agent who have link with abroad university and after completing all documents and other formalities of the student sent them abroad through OPs no.1 and 2 on commission basis and earned his livelihood. In this way by sending the student in abroad through OPs no.1 and 2 availing their services for money consideration and thus became the consumer as defined Section 7 clause II of Consumer Protection Act, 2019. In the year 2019 complainant share/sent the document of student Shivani to the OPs through email Id th Feb. 2020 and she has deposited the amount 14859/-AUD on 20.09.2019 and she got her visa on 09.11.2019 and now she is studying in Australia and thereafter of 12675 AUD. Thereafter, complainant asked to OPs through email for his commission but OPs did not pay 70% commission to the complainant. The student Shivani is the candidate of complainant who after completing all formalities and document verification sent through complainant and after depositing her required fee in the university received the visa of Australia and now successfully studying there in the Deaken University Australia and OPs are bound to pay 70% commission to the complainant but till the date OPs has not paid any single penny to the complainant. Complainant requested the OPs through email many times to pay the commission of the complainant, but OPs did not pay any heed to the request of complainant and failed to pay the same. Then complainant sent a legal notice dated 02.11.2021 to the OPs but it also did not yield any result. In this way there is deficiency in service on the part of the OPs. Hence this complaint.

3.             Arguments on the point of admissibility heard.

4.             As per version of the complainant, he is running the business of Migration Consultant and sent the student abroad on study visa through OP No. 1 and 2 and availed his services for consideration of money and thereby became a consumer as defined under Section 2 (7) of the Consumer Protection Act, 2019.

5.             Now the question arises for consideration before us whether complainant falls under the definition of ‘consumer’ or not as defined in the Consumer Protection Act, 2019?

6.             The definition of consumer is defined in Section 2(7) of the Consumer Protection Act, 2019 which is reproduced as under:-

(7) “Consumer” means any person who-

(i) buys any goods for a consideration which has been paid or promise or partly paid and partly promises, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose.” or

(ii)  hires or avails of  any services for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such services other than the person who(hires or avails of) the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person but does not include a person who avails of such services for any commercial purposes.

Explanation- For the purposes of this clause-

(a) the expression “commercial purpose” does not include use by a person of goods bought and used by him and services availed by him exclusively for the purpose of earning his livelihood by means of self employment.”

(b) the expressions “buys any goods” and “hires or avails any services” include offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing;

In the present complaint, complainant has neither hired nor availed of any service of the OPs. Rather, the complainant is the service provider. Further, on perusal of the complaint, the complainant's activity appears to be commercial, thus, in view of the above, the complainant does not come under the definition of consumer. Therefore, the present complaint devoid of any merits and deserves to be dismissed and same is hereby dismissed. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated: 13.06.2022

                                                                President,

                                                      District Consumer Disputes

                                                      Redressal Commission, Karnal.

            (Dr. Rekha Chaudhary) 

                   Member