Punjab

Patiala

CC/22/207

Tarunmeet Kaur Monga - Complainant(s)

Versus

Eduwise Immigrants Consultants - Opp.Party(s)

Sh.Amarjit Singh Monga

26 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                     

Consumer Complaint No.	:	CC/207/2022
Date of Institution	:	18.8.2022
Date of Decision	:	26.4.2023

 

 

Tarunmeet Kaur Monga, H.No.15, Brar Street, Near 22 No.Phatak, Patiala.

 

                                                                   …………...Complainant

                                      Versus

1. Eduwise Immigrants Consultants, SCO 139-40, 1^st Floor, Sector 9-C, Chandigarh – 160009 through its Directors/ Partners/ Prop.
2. Mr.Aditya, Director/Prop./Partner, Eduwise Immigrants Consultant, SCO 139-40, 1^st Floor, Sector 9-C, Chandigarh – 160009.

                                                                   …………Opposite Parties

 

Complaint under the Consumer Protection Act

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi, Member        

 

 

PRESENT:                   Sh. A.S.Monga, authorized representative

                             of the complainant.

                             Opposite Parties ex-parte.

         

                              

 

                                     

 ORDER                                          

1. The instant complaint is filed by Tarunmeet Kaur Monga (hereinafter referred to as the complainant) against Eduwise Immigrants Consultants through  its Directors/Partners/Prop (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. The averments of the complainant are as follows:
3. That in order to immigrant to Canada, complainant alongwith her husband and father-in-law visited office of OPs and met OP No.2 who explained the process of applying  under PNP Programme of Canadian Government and assured that complainant is entitled to this programme. OP No.2 also assured that complainant will get EOI (expression of interest) from Canadian Province within 3 months and also promised to apply to the Canadian province of Saskatchewan, Manitoba and Nova Scotia. He also promised verbally to provide ID and passwords of all these provinces so as to enable her to log on to the official sites and check the status on daily basis. Also OP No.2 promised to provide ID and password of WES after payment of full fee of Rs.15000/-.
4. Through mail dated 5.2.2022, OP No.2 informed about the structure of payment to be paid to them. Complainant made payment of Rs.15000/- as WES fee on 5.2.2022. After that complainant also made payment of Rs.20,000/-on 8.2.2022 through NEFT. She also made the balance payment of Rs.25000/- on 5.3.2022 through credit card of her husband. She also made payment to GNDU for transcription of all the degrees to be sent to WES for evaluation on 8.2.2022.
5. On 4.4.2022, complainant’s husband visited office of OPs and requested for ID and password of Saskatchewan but the same was refused. Thereafter complainant wrote mail to OP No.2 on 5.4.2022 requesting him to apply for two more provinces and also requested for supply of ID and password. Thereafter, OPs applied to Canadian province of Manitoba but they did not provide ID and password to the complainant. Complainant made several requests to the OPs for the same but the OPs did not pay any heed to her requests. Complainant came to know that OPs had neither any expertise to apply to Canada under PNP programme nor had received any PR visa for any client under this category and had collected money from her by making false promise for the same. There is thus deficiency in service and unfair trade practice on the part of OPs. Consequently, prayer has been made for acceptance of complaint.
6. Notice of the complaint was duly given to the OPs through registered post. The same was neither received back un-served nor OPs appeared to contest the complaint and were accordingly proceeded against exparte vide order dated 20.2.2023.
7. In exparte evidence, representative of the complainant tendered affidavit, Ex.CA, of the complainant alognwith documents,Exs.C1 to C27 and closed evidence.
8. We have heard the representative of the complainant and have also gone through the record of the case, carefully.
9. The complainant has alleged that a promise was made by the OPs  that immigration to certain provinces of Canada will be arranged within three months from the date of taking up the case for which an agreement was reached between both the parties as per email,Ex.C1. As per said agreement an initial payment of Rs.49,000/- was to be made to the OPs for the same and a total of Rs.60,000/- was to be paid. Certain clarifications were sought by the complainant as per the email,Ex.C2 i.e.

1. Rs.60,000/- to be paid to the OPs is refundable in case of the rejection of Visa.
2. The fee is for applying to provinces i.e. Saskatchewan, Alberta, Manitoba and Nova Scotia (all in Canada) under PNP programme.
3. The fee is for  PNP Programme including filing of papers for PR to Canadian Govt. after 2 years of living in any one of the provinces.

10. The OPs in their reply,Ex.C3 have stated that the amount of Rs.60,000/- will be refundable in case the file is not submitted with the Embassy. However, it will not be refunded if the complainant/applicant withdrew his case. The application will be made to the provinces of Manitoba, Saskatchewan, Nova Scotia. A payment of Rs.15,000/- was then made by the complainant as per mail,Ex.C4 and confirmed by the OPs as per the reply,Ex.C5 on 5.2.2022. Another payment of Rs.20,000/- was made by the complainant on 8.2.2022 as per mail,Ex.C6 and confirmed by the OPs as per mail,Ex.C7. An amount of Rs.25000/- was then paid as per the credit statement,Ex.C10 on 5.3.2022.
11. The degrees of the complainant were also got evaluated through Guru Nanak Dev University for WES after making a separate payment on 8.2.2022. Intimation of the same was given to the OPs vide mail, Ex.C11.
12. The OPs had promised to prove the details regarding the applications to be made to the Canadian Provinces and also to provide ID and Password for the same to the complainant so that the complainant could have first hand information about her application. The OPs applied for the PNP programme to Canada only for the provinces of Saskatchewan and Manitoba. The OPs never applied for the PNP programme for the province of Nova Scotia. The ID and Password for the application made to the provinces of Mantitoba and Saskatchewan were never supplied to the complainant for which repeated requests were made to the OPs as per emails, Exs.C14 and C15. The complainant has also produced on record email dated 26.4.2020 as per which it has been confirmed by the complainant that the report of WES had been received by the complainant for the two provinces and has requested the OPs to apply for the same for the province of Nova Scotia and also requested for supply the ID and Password of WES. The complainant has also placed on record copy of email dated 13.5.2022,Ex.C18, as per which the OPs have alleged that no promise for supply of ID and Password for assessing the site was ever made by the OPs. It has also been confirmed by the OPs that WES certificate for the provinces of Manitoba and Saskatchewan were provided by the OPs to the complainant and screen shots of the updates were also provided regularly. The complainant was not satisfied with the said reply of the OPs and again requested for ID and password of WES for the provinces of Manitoba and Saskatchewan and also requested the OPs to apply for the same to the province of Nova Scotia under PNP Programme, as per email, Ex.C19.
13. A notice was served to the OPs on 13.12.2022, which was never received back un-served and OPs were proceeded as ex-parte vide order dated 29.3.2023.As such the evidence lead by the complainant  has gone un-rebutted and unchallenged.
14. A perusal of the above discussion, it reveals that the OPs had applied for the PNP Programme for the provinces of Saskatchewan  and Manitoba as has been confirmed by the complainant himself but did not provide the ID and password to the complainant to have firsthand information about the same. The OPs never applied for the province of Nova Scotia . As such, we are of the opinion that the OPs were deficient to the extent that the application to the province of Nova Scotia was never made by the OPs. Moreover, ID and Password for the application made to the province of Mani Toba and Saskatchewan were never shared with the complainant in the absence of which the complainant was unable to have first hand information about her application.
15. In view of the above, complaint is partly allowed and we direct the OPs to refund the  amount of Rs.20,000/- ( 1 3^rd of the amount of Rs.60,000/-) paid by the complainant for not applying to the province of Mani Toba alongwith interest @ 6%  per annum from the date of this order i.e. 26.4.2023, till realization, within 30 days from the date of receipt of certified copy of this order, failing which OPs shall pay interest @ 9% per annum on the awarded amount from the date of this order i.e.26.4.2023 till realization. OPs are also burdened with Rs.10,000/- to be paid to the complainant as compensation for causing mental agony and harassment to him within the prescribed period of 30 days from the date of receipt of certified copy of this order.  
16.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President