BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complaint  Case No  :1406 of 2009

Date of Institution :  27.10.2009

Date of  Decision   :  19.04.2010

Paramjit Singh, resident of H.No. 123, Street No. 2, Mohalla Sangatpura, Nabha, District Patiala.

 ……Complainant

V E R S U S

1]   Lt. Col. Des Raj, Authorized Signatory, Worldwide Immigration Consultancy Services Ltd., Head Office: SCO No. 2415-16, Sector 22-C, Chandigarh.

2]     Anupama Sethi, Manager, Case Processing Section, Worldwide Immigration Consultancy Services Ltd., Head Office: SCO No. 2415-16, Sector 22-C, Chandigarh.

3]     Managing Director, Worldwide Immigration Consultancy Services Ltd., Redg. Office: DLF Centre, Mazzonine Floor, Savtri Cinema Commercial Complex, Greater Kailash-II, New Delhi.

.…..Opposite Parties

CORAM:     SH.LAKSHMAN SHARMA              PRESIDENT

          MRS.MADHU MUTNEJA             MEMBER

PRESENT:  Sh. Madan Sandhu, Adv. for the Complainant.

          Sh. Raman Walia, Adv. for OPs.

PER MRS.MADHU MUTNEJA, MEMBER

          This complaint has been filed by Sh. Paramjit Singh against the OP, who are engaged in providing professional services to persons desirous of immigrating to other countries. He has prayed that OP be directed to pay back the complete amount paid by him to them at the time of contract, along with compensation of Rs.2,00,000/- for harassment and deficiency in service.

2]        A perusal of the facts of the case show that the Complainant wished to immigrate to Canada. With this dream, he approached OPs, who run a Consultancy Service by the name of Worldwide Immigration Consultancy Services (WWICS) and assist their Clients in the following services:-

a)   Assess the Client’s education (Academic and Professional), Professional Skills/ Training and Experience for permanent residency and advise the client about immigration laws of that country.

b)   Assist the client in preparation of his/her case for permanent residency for immigration.

c)   Review and identify for submission of all required documents and supporting evidence.

d)   Submit the complete case with supporting documentation and evidence along with the submission report to the processing visa office.

e)   Assist in assessment of educational and professional qualifications from educational and professional bodies.

A Contract of Engagement was signed between the parties on 12.11.2003 and an initial amount of Rs.25,000/- was paid as consideration. The Complainant made cash payment of Rs.24,888/- on 27.11.2003. After the Contract of Engagement he provided the relevant documents needed.  The Complainant thereafter made several visits to the office of the OP to find out the progress of his case. Each time he was told that some amount was yet still due from him. Therefore, the Complainant further paid Rs.38,000/- by demand draft dated 27.1.2004 to the OP.

3]        After waiting for six months, when the Complainant again approached the OP, he was informed that his file had been prepared and submitted to the CHC. Now whenever intimation was received from CHC, he would be informed accordingly. The Complainant could only wait patiently relying on the expert advice of the OP. On 4^th July, 2008, the Complainant was surprised to receive a letter from the OPs dated 31.5.2008, by which he was informed that he was required to clear the IELTS exam under the Immigration Refugee Protection Act (IRPA). He was told by this letter that he may not be called for an interview if the IELTS exam result was not submitted. There is no correspondence on record in the intervening 5½ years to show that the OPs had ever reminded the Complainant to take the IELTS exam before the date of interview, as was required by this letter. On receipt of this sudden communication from the OPs, which came like a bolt from the blue the Complainant sent a registered legal notice to the OPs, as to why he was not informed to do the needful earlier. On April 22, 2009, the Complainant received a letter from the WWICS that his claim has been rejected by CHC, due to unfulfilment of the following discrepancies:-

-                     Updated application forms

-                     Supporting documents

-                     Proof of your official language proficiency in English and/or French

-                     Evidence of sufficient funds for your settlement in Canada

-                     Payment of the processing fee for your spouse (if applicable)

-                     Proof that you have a relative in Canada willing to assist you (if applicable).  

The Complainant was obviously shocked to receive this letter. After waiting for almost 06 years this is not what he expected. His dream had crashed completely. The Complainant has thus filed the present complaint claiming the reliefs mentioned above.  

4]        In the reply furnished by the OPs, they have stated that as part of their professional services, they had entered into a contract with the Complainant on 12.1.2003. They had filed his case as per requirements before the CHC for immigration on 14.6.2004. The CHC vide their letter dated 18.6.2004 have acknowledged the receipt of the application and also stated

     “we are presently assessing applications received approximately 44 months ago. With unforeseen changes in our volumes and the resources available to handle application, we cannot guarantee that we will be able to process your application within 44 months. If the processing of your application exceeds this time, please consult our website at http://www.dfait-maeci.gc.ca/new-delhi/ for our most recent processing times. Due to the high volumes of inquiries received in this office, we will not be able to respond to inquiries received within our most recent processing times”.

5.   The OP has stated that it is very important to mention here that the Complainant had entered into contract of engagement with them on 12.11.2003. According to this contract, besides other conditions, clause 2(j) required the complainant to :-

Have high proficiency in English Language (IELTS) / any other test as laid down by the Immigration Authorities subject to change from time to time.

     They state that the Complainant was informed about submission of the required documents, along with IELTS result, vide their letter dated 4.7.2008, to be submitted to the CHC. The Complainant failed to submit the required documents and instead sent a legal notice to the OP on 28.10.2008.

6]        We have heard the learned counsels for both the parties and perused the evidence led by both parties in support of their contentions.

7]        It is true that the Complainant has failed to clear the IELTS exam. After he had entered into an agreement with the OP for immigration to Canada, it was the duty of the OP to assess his education and professional/ training skills and experience, & thereby, assist him to prepare his case for immigration. Prudence demands that, they were required to regularly review and identify for submission all documents and supporting evidence required; and then submit his complete case with supporting documents and evidence to the CHC. When a person approaches an Agency for help he obviously, expects that the agency will not only help him to prepare the papers, but also guide him continuously from time to time through correspondence and otherwise, so that when the time of his interview comes, he is prepared with all relevant documents and material needed, so that his case is not rejected due to want of these documents.

8]   It seems that WWICS have signed the Contract of Engagement with the Complainant and then put the file in hibernation. They have never ever contacted the Complainant after November 2003, to find out if he was taking any steps to fulfill his part of the Agreement, as per duties of Client. It is true that IELTS exam was to be cleared by the Complainant only. But, then why did they not remind him that his case would definitely be rejected, if he did not pass the exam. They have contacted him only on 31.5.2008, when they have received communication from CHC that applications of 2003 are now being examined and his case was likely to come up soon. They have also vide this letter reminded him to clear the IELTS exam. True the Complainant had not cleared this exam and when the call from the CHC came in July, 2008. His position was the same, as on the first date. Obviously when his application was processed by CHC it was rejected.      

9]   The debatable point here is can deficiency in service be made out. WWICS have submitted all papers received from the Complainant to the CHC. But have they ever guided him so that all shortfalls and requirements from his side are overcome and he is ready for interview when called. CHC in their letter stated that the interview would take about 44 months, so WWICS seem to have slept for 44 months. The case of the Complainant was rejected because of the relaxed and casual attitude of WWICS. The Complainant had placed his complete faith on the guidance and expertise of the OP, so that there was no shortfall in his application. They were not just supposed to act as a forwarding agent. They were required to render the service for which they had been engaged.

10]  It is our opinion that there is clear deficiency in service and unfair trade practice on the part of OP in this case in not updating the client from time to time to keep his papers ready for interview by CHC.

     The Complainant is justified in his grievance.

11]  This complaint is therefore, accepted in favour of the Complainant. The OPs are hereby directed to :-

i)              Repay the total amount of Rs.87888/- paid by the Complainant to OP, in three installments.

ii)         pay Rs.30000/- as compensation for their casual attitude which has caused harassment and mental tension to the Complainant.

iii)    pay Rs.5000/- is as cost of litigation. 

12]  This order be complied with by the OPs within a period of six weeks from the date of the receipt of the order, failing which the Ops will be liable to pay the total amount of Rs.117888/- alongwith interest @18% p.a. as well as cost of litigation Rs.5000/- from the date of this order till the actual date of realization.

13]     Certified copies of the order be supplied to the parties free of any charge. The file be consigned to the record room after compliance.    

Announced

19.04.2010             

                                     (LAKSHMAN SHAMRA)

PRESIDENT

  (MADHU MUTNEJA)

MEMBER

JS

C.C.No. 1406 /2009

PRESENT:       None

                    ……

As per separate detailed order of even date, this complaint is allowed. After compliance, file be consigned to record room.

Announced.

19.04.2010                   Member      President    

 

10]     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

08.04.2010                                       Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                             Sd/-   

(ASHOK RAJ BHANDARI)

MEMBER

                                             Sd/-

(MADHU MUTNEJA)

MEMBER

‘Dutt’