Chandigarh

DF-II

CC/264/2019

Harsh Kumar - Complainant(s)

Versus

M/s More Visas Immigration Services Pvt Ltd, - Opp.Party(s)

Amit Sharma Adv. & Deepankur Sharma Adv.

17 Nov 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	264 of 2019
Date  of  Institution	:	30.04.2019
Date   of   Decision	:	17.11.2023

 

 

 

 

Harsh Kumar s/o Sh.Krishan Baldev, Resident of House No.753, Top Floor, Sector 40-A, Chandigarh

 ... Complainant

Versus

1]  M/s More Visas Immigration Services Pvt. Ltd., Chandigarh Harmony, Level-4, Tower-A, Godrej Eternia, Plot No.70, Industrial Area-1, Chandigarh 160002 through its Manager

2]  M/s More Visas Immigration Services Pvt. Ltd., having its Office at No.1259/A, Ist Floor, Road No.36, Jubliee Hills, Hyderabad 500033 through its Managing Director

3]  M/s More Visas Immigration Services Pvt. Ltd., Level 12, Tower C, Building 8 DLF Cyber City Complex, DLF City Phase-II, Gurgaon, Haryana 120022 through its Chief Executive.

    ….. Opposite Parties

 

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                    MR.B.M.SHARMA,                 MEMBER

                               

Argued by  :    Sh.Ajay Sharma, Adv. proxy for Sh.Amit Sharma, Counsel for the complainant

 

None for the OPs

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

         The complainant has filed the present complaint pleading that he is an Engineer and posted as SDE at BSNL, Chandigarh.  The complainant approached the OPs for permanent migration to Canada under Skilled category and the OPs get him evaluated on the basis of his academic and professional experience and asked by the OPs to have fulfilled the points criterion (Ann.C-1).  It is stated that the complainant had specifically mentioned to the OPs that he would not be able to get any NOC, referral letter from his employer for his immigration case to any country and the OPs assured that they would not require any certificate/letter from his employer and get his visa based on his academic & professional experience. Consequently, the complainant paid Rs.76,700/- to OPs on 18.7.2018 (Ann.C-2).  However, just after few days i.e. on 28.7.2018, the OPs vide email dated 28.7.2018 asked the complainant to submit NOC/Referral Letter from his employer, for which the complainant had already expressed his inability.  Therefore, the complainant requested the OPs to refund his amount to which the OPs vide email dated 29.8.20178 assured that they are in process of refund and it would required a period of 90 days.  It is submitted that instead of making refund, the OPs declined his request in the light of terms & conditions of service agreement dated 18.7.2018 (Ann.C-5 & C-6).  It is also submitted that the complainant had already informed the OPs before entering into any agreement that he would not be able to get any referral letter from his employer, still the OPs declined his refund request, which amounts to deficiency in service on the part of OPs.  Hence, this complaint has been filed with a prayer to direct the OPs to refund Rs.77,880/- along with interest as well as compensation and litigation cost.

 

2]       After notice of the complaint, the OPs put in appearance and filed written version stating that the complainant himself approached them for immigration to Canada and got evaluated his profile to check the eligibility for the process of Canada FSW. The Pre Registration Report (PRR) of complainant was prepared on 5.7.2018 and the complete view of the points scored based on complainant’s attributes was given in the report.  It is submitted that the complainant being satisfied with PRR Report had entered into Online Service Agreement with OPs on 18.7.2018,along with a manual service agreement, which was duly accepted & signed by the complainant on 18.7.2018 after understanding the its terms & conditions (Ann.R-6 & R-7) and he paid Rs.65,000/- excluding taxes.  It is also submitted that PRR Reports mentions that the complainant has to submit documents in support of the experience shown by him in his Resume and the complainant was also informed in Orientation call on 23.7.2018 that referral letter is mandatory and subsequent emails (Ann.R-11 & R-12). It is stated that the complainant failed to provide the necessary documents/NOC to process his Canada FSW case.  It is also stated that the refund was rejected as per Agreement dated 18.7.2018 and it was detailed in the letter dated 10.11.2018 sent to the complainant (Ann.R-13). It is pleaded that the OPs have rendered the services but the complainant failed to provide necessary documents. Lastly the OPs have prayed for the dismissal of the complaint with cost.

 

3]       Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the complainant and perused the entire documents on record.

 

5]       The question to be decided is whether there is deficiency in service or unfair trade practice on the part of the OPs in misrepresentation/false representation of facts to the complainant or not ?

 

6]       To find out answer to this issue, it is important to take into consideration the following facts and circumstances of the present complaint:-

 

         It is established from the record that the complainant availed the services of the OPs for immigration to Canada under Canada Federal Skilled Worker Visa Services and paid Rs.77,800/-. It is also established that before processing the case of the complainant, the OPs raised demand of NOC/Referral Letter from the complainant. The complainant stated that he was not informed by the OPs about the requirement of such document while receiving the amount from him. 

 

7]       It is observed that the right to information under The Consumer Protection Act, 2019 is a very valuable right whereby the consumer has the right to be informed about the quality, potency, purity, standard and price of the goods, products or services as the case may be so as to protect him from unfair trade practice.

         In the present case, the OPs have not informed the complainant about the mandatory provision of providing NOC/Referral Letter from the employer and they informed him about the same after receiving the amount from the complainant through communication Ann.R-11 & R-12.  It is also observed that the OPs were duty bound to inform the complainant about the requirement of such documents well before receiving amount from him.  There is nothing on record which proves that the OPs have informed the complainant about the requirement of NOC/Referral Letter from his employer prior to receipt of amount from him. It is, thus, observed that the OPs have misrepresented the complainant and thus indulged into unfair trade practice.

 

8]       Taking into consideration the above discussion & findings, the present complaint deserves to be partly allowed and the same is accordingly partly allowed against OPs. The OPs are directed to refund Rs.77,800/- to the complainant, charged on account of fees for Canada Federal Skilled Worker Visa Services based on misrepresentation of fact by adopting unfair trade practice, along with interest @9% per annum from the date of deposit of amount with the OPs i.e. 18.07.2018 till the date of its actual realization.

                        This order be complied with by the OP within 90 days from the date of receipt of the certified copy of this order.

 

9]       Pending application(s) if any, stands disposed of accordingly.

 

         Certified copy of this order be sent to the complainant, as per rules. After compliance file be consigned to record room.

Announced

17.11.2023                                                                    

Sd/-

(AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER