Punjab

Ludhiana

CC/19/592

Jasjeet Kaur - Complainant(s)

Versus

Daffodils Study Abroad Pvt.Ltd - Opp.Party(s)

Gurdeep Singh adv

06 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:592 dated 23.12.2019.                                                        Date of decision: 06.03.2023.

 

Jasjeet Kaur Sidhu age about 24 years D/o. Sh. Rajinder Singh, R/o. Village Dhothar, P.O. Sangatpura, Tehsil Jagraon, Distt. Ludhiana.                                                                                                               ..…Complainant

                                                Versus

1. Daffodils Study Abroad Private Limited (Amyra Enterprises), SCO No.25, Ist Floor, Model Town Extension, Near New Krishna Mandir, Ludhiana through its administrative officer/office manager/prop./partner.
2. Supreme Securities Ltd., 3366/1, Ist Floor Bombay Tower, Opposite  Yes Bank, Ferozepur Road, Ludhiana through its administrative officer/office manager/prop./partner.
3. ICICI Bank Ltd., B-Wind, Ground Floor, Chandiwali Tower, Autumn Estall, Near Chandiwali Studio, Opposite Maha Colony, Andheri West, Mumbai-400072, through its Senior Manager. (G.I.C. Department)                                                                               …..Opposite parties 

Complaint Under Section 12 and 14 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant            :         Sh. Gurdeep Singh Salh, Advocate.

For OP1 and OP2          :         None.

For OP3                         :         Exparte.

 

 

 

ORDER

PER SANJEEV BATRA, PRESIDENT

 

1.                Shorn of unnecessary details, the facts of the case are that the complainant approached opposite party No.1 for abroad study visa and applied to Evergreen College, Toronto Ontario, Canada through opposite party No.1 who received an offer letter from the college. The complainant has paid Rs.12,500/- on 17.12.2018 as fee of offer letter and Rs.20,000/- for preparation of file and for completing other formalities up to payment of fee at college level. The complainant submitted that opposite party No.1 told her that offer letter has been received from Evergreen College of Canada and asked her to pay the requisite fee and GIC. She issued two cheques No.992099 dated 21.12.2018 of Rs.4,58,900/- as tuition fee and cheque No.9921000 dated 21.12.2018 for Rs.5,60,800/- for GIC from account of her relative Gurmail Singh in the name of opposite party No.2 on instructions of opposite party No.1  and handed over the same to opposite party No.1. Opposite party No.2 was to send the amounts to Evergreen College by converting the Indian Rupees into Dollars and at that time conversion rate of Dollar to Indian Rupees was less than approximately Rs.52/- per Dollar but the opposite parties in connivance of each other charged higher rate @ approximately Rs.54/- per dollar from the complainant and they had paid less amount to Evergreen College for tuition fee and GIC fee. On completion of al formalities, opposite party No.1 instructed the complainant to submit file prepared by opposite party No.1 in immigration office at Chandigarh which was submitted for giving finger prints to immigration office duly prepared. However, opposite party No.1 has not attached letter Statement of Purpose (SOP) with the file due to which file was rejected by Immigration office of Canada due to negligence and deficiency in service of the opposite parties.

                   The complainant further submitted that she approached opposite party No.1 and they demanded Rs.50,000/- for attaching the SOP letter with the file which was paid in cash in the presence of her relative Gurmail Singh and fie was again submitted to Immigration office, Chandigarh. Study visa of the complainant was rejected due to mistake of the opposite parties. The complainant asked opposite parties for refund of tuition fee and GIC and complainant received a refund of Rs.4,22,222/- on 02.05.2019 from the Evergreen College through opposite parties and also received an amount of Rs.5,03,179.04 on 09.05.2019 of GIC after deduction of Rs.57,620.96. The complainant sent a letter to Evergreen College, Toronto Ontario, Canada but they replied that whatever fee and GIC has been sent by the opposite parties, the same has been refunded as per rules of the college and if there is a default that is due to the act and conduct and deficiency in service on the part of the opposite parties. If there is deduction in return fee that is also due to fraud of all the opposite parties in conversion of dollars in rupees. On enquiry and visiting office of opposite parties, the complainant came to know that they in connivance with each other have charged more amount from the complainant by converting Indian rupees into Dollars @ Rs.54/- per dollars instead of Rs.52/- per dollar and have not refunded the full amount of tuition fee and GIC and have not returned back Rs.94,298.96 to the complainant. The complainant further stated that all the opposite parties have transferred only 10200 Dollars and 8346 Dollars to Evergreen College as well as to Canadian Immigration Officials by charging higher amount of conversion rate of Rupees into Dollars as at the time of refund which amounts to deficiency in service and unfair trade practice on the part of the opposite parties. In the end, the complainant prayed for directing opposite parties to refund the illegally deducted amount of Rs.94,298.96 along with interest @12% per annum along with litigation expenses of Rs.10,000/-, compensation of Rs.1,30,000/- on account of mental torture, harassment and damages on account of loss of one valuable year of her student life.

2.                Notice to opposite party No.3 sent through registered post on 07.12.2020 but none turned up for opposite party No.3 despite service of notice and as such, opposite party No.3 was proceeded against exparte vide order dated 05.03.2021.

3.                Upon notice, opposite party No.1 and 2 appeared and filed joint written statement and assailed the complaint on the ground of maintainability of the complaint, the complaint bad for mis-joinder and non-joinder of necessary parties, lack of cause of action etc. The opposite parties alleged that  opposite party No.1 is dealing in Immigration and Consultancy Services and the complainant herself approached it for availing services for completing the formalities as she was interested to book for abroad for study VISA. As per request of the complainant, opposite party No.1 has completed the entire formalities required in order to go abroad on the basis of study VISA and also guided the complainant to prepare the requisite tuition fees and GIC (Guarantee Investment Certificate) but she requested opposite party No.1 that she is not aware of the process of preparing the amount of tuition fees and GIC so the same may also be done by opposite party No.1. Opposite party No.1 further guided the complainant to meet opposite party No.2 who deals in preparation of amount of Tuition Fees and GIC who on the request of the complainant prepared the amount required for the above said process. The opposite parties further alleged that the amount of tuition fees and GIC is to be prepared in the form of Dollars which were to be purchased from ICICI Bank who charge conversion/currency rate as per the RBI norms and the charges were clearly explained to the complainant who agreed the same and the documents were prepared as per instructions of the complainant. The complainant had submitted her file which was rejected as the immigration officer was not satisfied that the complainant was a bonafide student who will successful in her program of study due to low language test. The complainant again approached opposite party No.1  for refund of her college fees & GIC which was also pursued by opposite party and duly provided to the complainant well within time.

                   On merits, opposite party No.1 and 2 reiterated the crux of averments made in the preliminary objections. Opposite party No.1 and 2 denied any deficiency in service on its part and in the end, prayed for dismissal of the complaint.

4.                The complainant filed replication to the written statement of opposite party No.1 and 2 reiterating the facts mentioned in the complaint and controverting those made in the written statement. Then complainant submitted that the opposite parties themselves do all the formalities except taking her signatures on the papers without her proper knowledge. Opposite party No.1 has on their own arranged the opposite party No.2 for preparation of amount of tuition fees and GIC. However, she approached only opposite party No.1 who in connivance with other opposite parties has completed all the formalities. The complainant was not aware of the process which has been done by the opposite parties and she was directed only to sign the papers on their directions. The cheques for college fees and GIC were handed over to opposite party No.1 who themselves filled the name of payee of opposite party No.1. The complainant further submitted that it is the clear admission on the part of opposite party No.1 that they have done all the formalities up to the less refund of college fee and GIC. The alleged letter dated 30.01.2020 is the pressure tactic of the opposite parties to which the complainant was not aware of its misuse in the present complaint.

5.                The complainant did not formally tendered her affidavit rather she submitted affidavit along with documents Ex. C1 to Ex. C12 at the time of filing of the complaint. However, on 21.09.2021 the complainant appeared in person and tendered documents Ex. C13 to Ex. C16 which is CAD/INR conversion table history and closed the evidence. 

6.                On the other hand, counsel for opposite party No.1 and 2 tendered affidavit Ex. RA of Sh. Navin Sharma, Chief Manager of opposite party No.2 and affidavit Ex. RB of Sh. Sh. Ramesh Mahajan, working as Counselor with opposite party No.1 along with documents Ex. R1 is the copy of refund form, Ex. R2 is the copy of resolution. However, opposite party No.1 and 2 failed to conclude their evidence and their evidence was closed by order vide order dated 10.01.2023.

7.                None has been appearing in this case on behalf of opposite party No.1 and 2 since 10.01.2023. We have heard the arguments of the counsel for the complainant and also gone through the complaint, replication, affidavit and annexed documents and written statement along with affidavit and documents produced on record by both the parties. We proceed to decide the case on merits.       

8.                The complaint in this case was presented on 23.12.2019. Due to lack of quorum and prevalence of COVID-19 conditions,  it came up for hearing on 20.08.2020. Notice to the opposite parties was issued for 27.11.2020. During this period, on 30.01.2020, the complainant executed a letter whereby she admitted that she has received all her documents and her fee has been refunded and nothing has been left due towards the opposite parties. Further she is not liable to demand anything from the opposite parties. The complainant filed rejoinder to the written statement of the opposite parties and tried to put out a feeble defence stating therein that the said letter dated 30.01.2020 is a pressure tactics of the opposite parties to which the complainant was not aware of its misuse. On 21.09.2021, the complainant appeared in person and closed her evidence by tendering documents Ex. C13 to Ex. C16. But she did not tender any fresh affidavit to assail the genuineness of the letters.

9.                It was contended on behalf of the complainant that opposite party No.1 did not attach Statement of Purpose (SOP) with the fie and therefore, her fie was rejected by the Immigration Office of Canada due to negligence and deficiency in service on the part of the opposite parties and the complainant had to shell an extra amount of Rs.50,000/- for attaching the said letter with the file.

10.              On the other hand, it was contended on behalf of the opposite parties that there was no such requirement for attaching SOP. Perusal of documents also shows that visa was rejected as the complainant failed to satisfy the immigration authorities that she is bonafide student who will successful in her program of study due to low language test.  Also it can be borne from the record that the amount was paid in the last week of December 2018 and it was refunded in the first week of May 2019 and the deduction was made by the Evergreen College. The payments were received by the complainant directly in her account. Considering the totality of circumstances, there is no deficiency in service on the part of the opposite parties and the complainant has failed to prove her case by producing cogent and convincing evidence.

11.              As a result of above discussion, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.

12.              Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                          Member                            Member                                       President         

 

Announced in Open Commission.

Dated:06.03.2023.

Gobind Ram.

 

 

Jasjeet Kaur Vs Daffodils Study Abroad                                CC/19/592

Present:       Sh. Gurdeep Singh Salh, Advocate for complainant.

                   None for OP1 and OP2.

                   OP3 exparte.

 

                   None turned up for the opposite parties today also. None has been appeared on behalf of the opposite parties since 10.01.2023.

                   Arguments heard. Vide separate detailed order of today, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of the order be supplied to the parties free of costs as per rules. File be indexed and consigned to record room.

 

(Monika Bhagat)          (Jaswinder Singh)                      (Sanjeev Batra)                       Member                     Member                                       President         

 

Announced in Open Commission.

Dated:06.03.2023.

Gobind Ram.