CONSUMER DISPUTES REDRESSAL COMMISSION – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)
New Delhi – 110016
Case No.:17/2022
Siddartha Pathak
B-1487, Shastri Nagar
Delhi-110052 …..COMPLAINANT
Vs.
- Nationwide Immigration Services Pvt. Ltd.
908-92, Modi Tower, Nehru Place
New Delhi-110019
- Ishwar Devi, Director
908-92, Modi Tower, Nehru Place
New Delhi-110019.
- Rajiv Arora, Director
908-92, Modi Tower, Nehru Place
New Delhi-110019.
- Meenu, Director
908-92, Modi Tower, Nehru Place
New Delhi-110019.
- Sudhanshu Ohri, Director
908-92, Modi Tower, Nehru Place
New Delhi-110019 …..RESPONDENTS
Date of Institution-09.02.2022
Date of Order- 02.08.2024
O R D E R
RITU GARODIA-MEMBER
- The complaint pertains to deficiency of service in providing immigration services to OP.
- The facts stated in complaint are that the complainant was approached by OP-1 in June, 2020, to provide immigration consultancy services. The complainant paid Rs.1,16,200/- and signed a service contract dated 29.06.2020. He submitted all the documents to OP-1. He was assured that he fulfilled all the criteria of immigration.
- On 04.08.2020, the complainant was informed that he should get a grade of 6.5 IELTS. The complainant had no option but to appear in the said test. He secured a score of 6.5 as per OP stipulation. On 27.11.2020, OP sent an email stating that cabin crew experience will not qualify the complainant for NCO Code. OP vide email dated 30.11.2020, informed the complainant that his experience excluding the cabin crew job and his IELTS made him ineligible for entry level submission for Canada Immigration Program.
- It is alleged that the OP never informed the complainant about his ineligibility to immigrate on grounds of experience and IELTS result. It is further alleged that OP is not authorized to use the logo of Immigration Consultants of Canada Regulatory Council (ICCRC). It is further alleged that he was compelled to sign on the dotted lines amounting to cheating and unfair contract.
- The complainant prays for refund of Rs.1,16,200/-, payment of Rs.1,00,000/- towards mental agony and Rs.25,000/- towards litigation cost.
- Notice was issued to OP but none appeared. OP was proceeded exparte vide order date 16.11.2022.
- Complainant has filed its evidence by way of affidavit and exhibited the following documents:-
- Copy of emails is exhibited as EXHIBIT CW-1/1- 1/3
- Copy of proof of payment is exhibited as EXHIBIT CW-1/4.
- Copy of contract of agreement is exhibited as EXHIBIT CW-1/5.
- Copy of email dated 04.0.2020 is exhibited as EXHIBIT CW-1/6.
- Copy of IELTs certificates is exhibited as EXHIBIT CW-1/7.
- Copy of emails is exhibited as EXHIBIT CW-1/8 to 1/11.
- Copy of Master Data is exhibited as EXHIBIT CW-1/12.
- The Commission has considered the documents and material on record. Invoice dated 30.06.2020 shows that an amount of Rs.1,16,200/- was billed to the complainant. The transaction through DBS Bank shows that an amount of Rs.1,15,663/- was remitted from complainant’s account to OP. Email dated 24.7.2020 demonstrates that one Mr. Goldy has been assigned as a case manager to the complainant and documents like passport, IELTS report, educational documents and work experience was required. The Contract of Agreement was signed by the complainant on 29.06.2020. A subsequent email dated 04.08.2020 by OP to the complainant mentions scheduling of IELTS exam.
- There are two certificate of IELTS scores of complainant. The first certificate dated 13.02.2020 shows that the complainant received an overall band score of 7.5. The test results are as follows:
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Overall Score 7.5
- The second certificate dated 12.09.2020 shows that the complainant received an overall band score of 7. The test results are as follows:
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Overall Score 7.0
- OP vide email dated 27.11.2020 sent the following email.
“Refer to our telephonic discussion in the presence of your case manager, we discussed on grounds of eligibility as well as the execution of your application.We know that the experience you have as Cabin Crew is in category C and this is not getting fit any other qualifying NCO code (Ms. Goldi had provided you with different and multiple NOC codes) but unfortunately, none of them is matching (closely) to the profile you had.”
- OP vide email dated 30.11.2020 is as follows :
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- OP vide email dated 18.12.2020 denied the refund on the following grounds:
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We regret to inform you that your case does not entitle for any refund following our service mandate and we as an organi (sic) request you to please think about the process continuation and we can help you get prepared for the IELTs exam by prov…..(sic)”
- The Contract contains the following clause: “Nationwide Immigration Services fees are 100% non-refundable if the client fails to get the required score in IELTS which is mentioned below to meet the legibility criteria and as advised by the Nationwide Immigration Services consultant.
Note: Advised score under FSWP Express entry profile is 67 points whereas advised score in IELTs for Canada PR is 8 bands in listening and 7 bands in all rest modules reading, writing and speaking.If you score in any module will increase your CRS score.”
- From the chronology of events, it can be seen that the complainant took the IELTS exam on 13.02.2020 and received an overall band score of 7.5 and 8.5 in listening, 7.0 in reading, 6.5 in writing, and 7.5 in speaking. Thereafter, the complainant entered into an agreement with OP for immigration services on 29.06.2020. The complainant was advised to retake the IELTS exam. The contract of agreement required a score of 8 in listening and a score of 7 in reading, writing, and speaking. In the subsequent IELTS exam dated 12.09.2020, the complainant received an overall score of 7.0, and 7.5 in listening, 6.5 in reading and writing, and 7.5 in speaking. The complainant was not able to achieve 8 in listening and 7 in reading and writing. The contract had already enumerated the requirement of the IELTS score to meet the eligibility criteria and the non-refund of the fees in case of failure to achieve the requisite IELTS scores. Hence, there is no deficiency in service on the part of OP in providing immigration services to the complainant. The complaint is dismissed with no order as to cost.
- Order to be uploaded within 30 days and file be consigned to record room.
