BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 14^TH DAY OF NOVEMBER 2024

ORDER

SMT.M.SHOBHA, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

1.  Directing the OP to make a refund of Rs.85,000/- along with Rs.2,00,000/- towards compensation for the physical suffering, acute mental agony, pain and harassment, and loss of time due to the deficiency of services on the part of the OPs.
2. Cost of the proceedings Rs.25,000/-.
3. Grant such other relief/s as deemed fit by this Hon’ble Commission.

2. The case set up by the complainant in brief is as under:-

The complainant sought an immigration consultant to settle her daughter Kimberley Natasha D’Souza, visa who has a master’s degree in design from Victoria University, Australia. The OP Zephyrvisa Immigration claimed to have a good reputation in immigration and visa services with a decade of experience and an Australian Government Immigration Practice.   The complainant transferred Rs.50,000/- to the bank account of the OPs and also sent balance amount of Rs.35,000/- to their account on 17.06.2023. The OPs have executed a service agreement to protect the rights and responsibilities throughout the application process.

3. It is further case of the complainant that the OPs have reviewed the complainant’s daughter’s eligibility criteria on 19.06.2023 and advised her to submit necessary documents, including a passport copy, passport size photograph, national ID, Bachelor’s Degree certificate and transcripts, reference letter, updated CV, organization chart and portfolio draft.  As per the information the complainant has send a scanned copy of all these documents to verification and pay the fee of 962 AUD using a credit card to Vetassess.

4. After sending all these necessary documents she experienced a lack of communication and response from the OP on 28.06.2023, the OPs have informed her that they have found her rude behavior during a recent interaction and decided not to proceed with her daughter’s visa application. The complainant got filed a complaint before the Madiwala police station, and they have issued acknowledgement but insisted her to compromise the matter. After that the complainant got issued legal notice requesting the OP to refund Rs.85,000/- with two lakhs compensation for the financial and business loss and mental agony suffered by her and her daughter due to the unprofessional and irresponsible conduct of the OPs.  When the OPs have not honour her request she was forced to file this complaint before this commission. Hence she has filed this complaint for the deficiency of services and unfair trade practices on the part of the OPs.

5. In response to the notice, OP appears and files version. They have denied all the other allegations made in the complaint except the fact that they are reputed company dealing with immigration and visa services.  They have clearly admitted that the complainant has approached them to get the Australian permanent residency for her daughter. They have further admitted about the payment of Rs.85,000/- paid by the complainant and also the service agreement entered between them and complainant on 17.06.2023.  

6. The main allegation made by the OPs is that the conduct of the complainant has been inappropriate since the very inception but these OPs were always been responsible towards their professional or official duties.  There was no compulsion on the complainant for engaging the services of these OPs for her daughter’s visa processing. These OPs have duly rendered their services as per the prior commitment made by them.  The complainant without any coercion or undue influence entered into the service agreement on 17.06.2023.  They have given detailed information to the complainant that she falls into the category No.232411 (Graphic Designer).  The OPs intimated the subject matter through email dated 26.06.2023 to the complainant that they have reviewed all the documents and found out huge discrepancy in the documents.  They have sent list of remaining documents which required to proceed further.   However the complainant was negligent and delayed to provide the documents.  As per email dated 28.06.2023 these OPs have intimated that they wanted to discontinue with the services.

7. However these OPs faced an unfortunate incident while having official conversation over telephonic conversation with the complainant.  During the interaction the complainant displayed rude behavior including shouting and exhibiting disrespect to the OPs team members.  These OPs have zero tolerance of mistreating their team members. Based on the above said incident it was mutually decided by the parties to discontinue with the visa service availed by the complainant.

8. It is further contention taken by the OP that as per the usual policy of the company, the complainant is not eligible for any kind of refund.  However as a gesture of goodwill the OPs decided to provide with 50% refund of the fees paid. These OPs have sent 50% of the fees to the complainant as per the email dated 28.06.2023 but the complainant refused to accept the same.  Due to the inadvertent mistake and lack of legal knowledge these OPs have acknowledged 50% of refund of total amount paid by the complainant even though it is against their policy.  As per the terms of the service agreement relating to refund policy the withdrawal of the application is not allowed once the consultation is done by the clients legal case manager.  Hence no refund of the professional service fee.  The OPs will made the full refund of professional fee if they found that the customers are ineligible for immigration process after the first consultation of their case manager.  There will be no refund in case of filing first stage/second stage and third stage documents and other process.

9. It is further contention taken by them that these OPs are always willing to perform their part of contract.  However it is only the complainant who wanted to go back and these OPs did not deceive the complainant and there was no fraud, carelessness or dishonor in receiving the consultant fee.  The professional fees collected to cover service charges, as well as the terms or fully described in the first instance. There is no deficit or serious deficiency in services given by this OP to the complainant as stated in the complaint.  The complainant is not entitled to the sum requested in the complaint and this OP is not liable to pay for it.  The delay was caused due to the own conduct of the complainant.  These OPs have rendered their best services. Hence OP prayed for dismissal of the complaint.

10. The complainant has filed her affidavit evidence and relies on 09 documents.  Affidavit evidence of OP has been filed but no documents furnished.

11. Heard the arguments of advocate for both the parties. Perused the written arguments of both the parties.

12. The following points arise for our consideration as are:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

13. Our answers to the above points are as under:

Point No.1:  Affirmative

Point No.2: Affirmative in part

Point No.3: As per final orders

REASONS

14. Point No.1 AND 2: These two points are inter related and hence they have taken for common discussion.  We have perused the allegations made in the complaint, version, affidavit evidence, written arguments and documents.

15. It is undisputed fact that the complainant has approached the OP in order to settle her daughter Kimberley Natasha D’Souza for getting the permanent visa as her daughter completed her master’s degree in design from Victoria University, Australia and presently residing at South Bank VIC 3006.  The complainant after coming to know that these OPs have a fair and good name in the Arena of Immigration and Visa services and their team members are highly trained in the relevant immigration legislation and had a decade of experience in getting successful outcomes of immigration of visa services have approached them.

16. After consultation the OPs have provide all the information and as per their company norms they have collected their fees of Rs.85,000/- and they have entered into a service agreement with the complainant on 17.06.2023 as per Ex.P2.
17. It is the specific grievance of the complainant that after payment of the amount and also after entered into service agreement the OPs have sent her an email requesting her to sent scanned documents like passport copy, passport size photograph, national ID and other relevant documents.  The complainant ahs sent all the documents as per their request through email dated 22.06.2023.  After that the OPs have stopped communicating with the complaint and did not respond to her phone calls.  On 28.06.2023 the OPs have sent an email to the complainant that due to the rude behavior of this complainant including shouting and exhibiting disrespect to their team members with high tone of speaking they are not interested in continuing their service as they have a zero tolerance policy for mistreatment of their employees since their employees are highly qualified.  They have expressed their desire not to continue with her application.

18. After received the information the complainant has filed a complaint before the Madiwala police station and they have issued an acknowledgement as per Ex.P6 and they have also insisted to compromise the matter.  After that the complainant has got issued a legal notice through her counsel as per Ex.P7 and the same is served on the OPs, the OPs have also issued reply as per Ex.P8.  The complainant also demanded the OPs to refund of Rs.85,000/- collected by them and also claimed compensation of Rs.2,00,000/- for the financial and business loss and mental agony suffered by her and her daughter due to the irresponsible conduct and breach of contract of the OPs.  When the OPs have failed to comply with the demands of the complainant she was forced to approach this commission by filing this complaint.

19. The OPs have admitted about the transaction and they have also taken the contention that the complainant has suppressed the fact.  They are handling visa processing for their customers and they have an experience in the said field for the past several years.  They have clearly admitted about the Rs.85,000/- received by them and also service agreement entered between them as per Ex.P2.

20. It is specific contention taken by the OPs that the process of the visa will only be completed upon enclosing all the documents that were listed.  The complainant sent the remaining documents at a delayed stage.  The delay in processing the visa is due to the fault of the complainant in submitting the balance documents.  The OPs would not take the call of the complainant when they are busy with other calls and after that they have called her back and given the updates.  Even though the refund policy was not applicable as per the service agreement Ex.P2, they have agreed to refund 50% of the service fee but the complainant refused to receive the same. They have refused to continue with the services in view of the rude behavior of the complainant.  The complainant during the interaction displayed rude behavior including shouting and executing disrespect to the team members. These OPs have 0 tolerance of mistreating their team members. In view of this they have taken the decision to discontinue with the visa/immigration application service availed by the complainant. There is no deficiency of service on their part even though they have offered 50% of the refund of the total amount paid by the complainant. Even it is against their policy, the complainant refused to receive the amount.

21. One of the OP official have filed their affidavit evidence but not filed any documents. It is undisputed fact that the complainant has approached the OPs for processing visa for her daughter and the OPs have agreed to give the services and receive Rs.85,000/- and entered into service agreement on17.06.2023 as per Ex.P2.  after received the entire amount and after execution of the service agreement the OPs have sent an email on 19.06.2023 to furnish some of scanned documents required for the process of visa. The complainant has complied with their request ad sent the documents through email as per Ex.P4.  After that the OPs have immediately sent an application discontinuation of their service as per Ex.P5 stating that they are not at all interested in continuing with the services and they have also offered 50% of the refund amount paid by the complainant.  

22. The only allegation made against the OPs is that they have taken the decision to discontinue of their services due to the rude behavior of the complainant. Under these circumstances the complainant was forced to file a complaint as per Ex.P6 before the Madiwala police station and they have issued an acknowledgement and they have also forced the complainant to compromise the matter.

23. When the OPs have agreed to give the services of processing the visa of the complainant’s daughter and entered into service agreement as per Ex.P2 and after received the entire fee for the said process it is their duty to comply the service demands made by the complainant. The OPs have discontinued their service only on the allegation that the complainant behaved with their team members in a rude manner and they are not interested to continue in giving any service to the complainant.  Admittedly the service agreement was entered on 17.06.2023 and the OPs have sent the email informing the complainant about the discontinuation of their service as per Ex.P5 through email dated 28.06.2023 itself.  When the OPs are not in a position to give the services to the complainant, they would not have given any assurance to the complainant and collected the fees and entered into service agreement. it is the duty of the OPs to get the visa as per Ex.P2 or if visa is rejected then the same has to be conveyed to the complainant.  Instead of performing their duties the OPs have simply collected the amount and discontinued their service and thereby they have committed deficiency of service.  The conduct of the complainant clearly discloses that as per the request made by the OPs the complainant has sent all the documents by scanning the documents within three days from the date of demand through email.  The complainant has co-operated with the OPs and fulfilled all their queries.  Inspite of that the OPs have failed to get the visa application processed as per their assurance.  The conduct of the OPs also clearly discloses that they are in the habit of collecting money from the applicants without fulfilling the visa process.  Due to discontinuation of the services assured by the OPs the complainant and her daughter have suffered monitory loss and also financial and mental agony. The decision cited by the OPs in support of their contention is not applicable to the facts and circumstances in this complaint. Under these circumstances the complainant is entitled for the relief claimed in this complaint.  Hence we answer point No.1 in affirmative and point No.2 partly in affirmative.

24. Point No.3:- In view the discussion referred above we proceed to pass the following;

O R D E R

1. The complaint is allowed in part.
2. The OPs are directed to refund Rs.85,000/- with interest at 9% p.a., from the date of payment till realization.
3. OPs are further directed to pay Rs.50,000/- to the complainant with litigation cost of Rs.20,000/- to the complainant.
4. The OP shall comply this order within 60 days from this date, failing which the OP shall pay interest at 12% p.a. after expiry of 60 days on Rs.85,000/- till final payment.
5. Furnish the copy of this order and return the extra pleadings and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 14^TH day of NOVEMBER 2024)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1;

NIL