Punjab

StateCommission

A/10/1645

Worldwide Immigration Consultancy Services Ltd. - Complainant(s)

Versus

Puneet Kaur Khurana - Opp.Party(s)

Raman Walia

23 Feb 2015

ORDER

First Additional Bench

 

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,

DAKSHIN MARG, SECTOR 37-A, CHANDIGARH.

 

First Appeal No.1645 of 2010 

 

                                                          Date of institution: 17.09.2010                                                      Date of Decision: 23.02.2015

 

1.      Worldwide Immigration Consultancy Services Limited, through its Managing Director, Head Officer A-12, Industrial Area, Phase-VI, Mohali, District Mohali.

2.      Worldwide Immigration Consultancy Services Limited, through its Branch Office, District shopping Complex, Ranjit Venue, Amritsar.

                                                     ….Appellants/ opposite parties.

                                      Versus

Puneet Kaur Khurana wife of Gurinder Singh Khurana Resident of 11-C, Kashmir Avenue, Amritsar.

                                                                                                                                                                            …..…Respondent/Complainant.

 

First Appeal against order dated 09.07.2010 of District Consumer Disputes Redressal Forum, Amritsar.

 

Before:-

                   Shri J.S.Klar, Presiding Judicial Member

                   Shri Vinod Kumar Gupta, Member.

Present:-

                   For the appellant   :     Sh.Raman Walia, Advocate

                   For the respondent:     Ex-parte

Vinod Kumar Gupta, Member

          This appeal has been preferred by the appellants (‘the opposite parties’ in the complaint) against the respondent of this appeal (‘the complainant’ in the complaint) under Section 15 of the Consumer Protection, 1986 (hereinafter referred to as the ‘Act’), impugning order dated 09.07.2010 of District Consumer Disputes Redressal Forum, Amritsar, (hereinafter called the ‘District Forum’) in  Consumer Complaint No.417  of 2009, (hereinafter called the District Forum), partly accepting the complaint of the complainant and directing opposite parties to pay Rs.47,000/- (Rs.27,000/- + Rs.20,000/-) and further directing that the entire amount would be paid by the opposite parties to the complainant  by way of bank draft or by account payee’s cheque within a period of one month from the date of receipt of copy of the order. The instant appeal has been preferred against the same by the opposite parties, now, appellants in this appeal.

2.                The brief facts of the case are that Smt. Puneet Kaur Khurana complainant filed the complaint under the Act against the opposite parties on the averments that in May 2008, a local representative of opposite parties No.1&2 approached her to render  the best service to her for her immigration to Canada, as opposite parties are famous in the field of immigration. The complainant was taken in by him and paid the amount of Rs.27,000/- to the OPs, as their service charges for getting  her immigration to Canada.  This amount was received by the OPs, vide receipt No.100308 (169 dated  26.5.2008), before preparing the file of the complainant bearing no.CO8-658575.   The complainant again paid a sum of Rs.20,000/- to the OPs, as service charges.  That at the time of receipt of the money from complainant, the OPs had not disclosed this fact that another sum of Rs.20,000/- in Canadian Dollar Currency was to be given by the complainant in July, 2008 to them.  The OPs directed the complainant to get the admission by passing International English Language Test System.  The complainant had to bear another expenses of Rs.14,600/- as examination fees, Rs.4200/- as coaching fees and Rs.5000/- for IELTS papers.  The OPs asked the complainant to get the passport prepared of her husband from passport office and the amount of Rs.7500/- was deposited by complainant for the passport of her husband.  The complainant passed IELTS test on 13.5.2009 and emailed the result on 13.5.2009 to the opposite parties with the request to convey to the Canadian Embassy.   The complainant on getting the result card on 16.5.2009 of IELTS Test, she again emailed it with the result card to the OPs requesting to submit it to the Canadian Embassy. Result card was sent by the complainant on 16.5.2009 and 14.40.42 IST.  The husband of the complainant reached Amritsar from Mumbai through air by spending huge amount on disclosure of result of the complainant.  The opposite parties failed to convey the same to Canadian Embassy through their head office on 13.5.09 and kept it in their office for more than 10 days without any reason.  The opposite parties were contractually bound to convey the information and submit the documents on time to the Canadian Embassy on behalf of the complainant.  The complainant would have got the immigration of Canada, had the above record been submitted in time by the OPs.  Since, the information was not sent by the OPs for 10 days to Canadian Embassy and as such, the immigration of complainant was rejected vide order dated 25.9.2009 by the above Embassy on the ground that the requisite formalities have not been completed for getting the immigration to Canada by her.  The complainant  remonstrated over this matter with the OPs, but to no effect.  The complainant has filed the complaint directing the OPs to refund the amount of Rs.27000/-, Rs.20000/-, Rs.44680, Rs.14600/-,Rs.5000/-, Rs.4200/- and Rs.7400/- alongwith interest @ 18 % and to pay compensation of Rs.10.00 Lacs on account of physical and mental agony and Rs.20000/- as litigation expenses.

3.                Upon notice, OPs No.1&2 filed their written reply raising preliminary objections that no cause of action has arisen to the complainant.  The OPs denied any lapse on their part as they had duly performed their part of contract.   It was submitted by them that the OPs have provided full assistance to the complainant, as per Canadian Laws for immigration. This fact was admitted that the complainant approached the OPs for her immigration to Canada and also entered in an agreement.  As per the immigration policy of Canadian Government, all the cases filed on or before 28.02.2008 were to be processed with  the high Commission within 8-12 months, which was known as a fast track programme.  The case of complainant was sent to Nova Scotia, Canada for processing in the Visa Post. It was submitted that earlier the high Commission used to take one year in issuing the file number and submit the requisite documents within next four year in Canada, but presently, lengthy process was discarded and if the paper were in order, the processing would start immediately and the requirement of documents was sent to the complainant in single letter and the complainant was bound to submit requisite documents 120 days from the date of issuance of the file number. It was submitted that there was no relaxation in the period of 120 days for depositing of documents and submission of piecemeal documents was not accepted by the High Commission in that country.  The complainant was allotted the file No.B053488503 and the requirement of the document was duly sent to her on 13.01.2009 and as per the policy, the documents were to be submitted upto 13.05.2009 and the demanded documents were mentioned in the letter dated 13.01.2009. Intimation regarding the requirements of documents were duly sent to the complainant by the OPs and the formalities were required to be completed on 13.05.2009.   The complainant failed to submit the IELTS result, police clearance certificate and passports and that police clearance certificate was obtained by the complainant on 09.05.2009, passport of dependant i.e. Ashmeet Singh was applied on 19.05.2009 and said copy of the result of the IELTS was sent on 13.05.2009 i.e. on the last date, whereas, the original was sent only on 16.05.2009. The Canadian High Commission, rejected the case of the complainant, vide letter dated 25.05.2009.   Objection regarding the jurisdiction was also raised stating that the agreement contained a clause of arbitration besides objection as to territorial jurisdiction.  It was submitted that the result of IELTS was declared on 11.05.2009 and intimated on 13.05.2009 by the complainant to the opposite parties, which was the date, and the result card by IELTS was received on 16.05.2009 and it was contended that the complainant failed to fulfill the requisite conditions. Dismissal of the complaint was prayed for.

4.                The complainant tendered in evidence his own affidavit Ex.C-1, receipt of payment Ex.C-2, receipt of payment Ex.C-3, IELTS passing result Ex.C-4 & Ex.C-5, certificate issued by Coaching Institute Ex.C-6, application for passport Ex.C-7, rejection letter Ex.C-8, copies of emails Ex.C-9 to C-13, additional affidavit Ex.C-14, rejection letter Ex.C-19, IELTS result Ex.C-20, copy of application Ex.C-21, copy of letter forwarding file Ex.C-22, emails Ex.C-23 to Ex.C-43 and closed the evidence.  The OPs No.1&2 tendered in evidence affidavit of Sandeep Chohan Branch Manager Ex.R-1, application form Ex.R-2, letter of Government of Canada Ex.R3, application form Ex.R4, correspondence Ex.R5 and closed the evidence. On conclusion of evidence and arguments, the District Forum, partly accepted the complaint of complainant with the direction to opposite parties to pay Rs.47000/- (Rs.27000/- + Rs.20000/-) within a period of one month from the date of receipt of copy of the order. Dissatisfied with the order of the District Forum, the instance appeal has been preferred against the same.

5.                We have heard learned counsel for the appellants as the respondent in this appeal is Ex-parte.  It is admitted that that the complainant entered in the contract of engagement on 4.05.2008 with the OPs, with  regard to the preparation and submission of her case for her permanent immigration to Canada under skilled category as Ex.R2 was signed ton 24.05.2008 and an amount of Rs.27,000/- paid by  the complaint to OPs on 26.05.2008 vide Ex.C-2.  The OPs forwarded her case to Nova Scotia Canada for processing of the Visa i.e. New Delhi. Letter dated 16.05.2008 was issued by the Government of Canada in which file No.B53488503 was allotted to the complainant.  The complainant received the letter dated 13.01.2009 vide Ex.R3 from the Government of Canada, in which, the stated documents were demanded. :-

1. IRPA application form

2. Proof of experience

3. Detail of Relatives in Canada

4. Proof of Education

5. Language Skills i.e. IELTS

6. Processing Fee of spouse

7. Degree of Spouse (education)

8. Police Clearance Certificate

9. Passport of Dependent etc.

 

The OPs also wrote the letters dated 24.01.2009 and 28.01.2009 to the complainant demanding the documents as per letter dated 13.01.2009.  As per letter darted 01.04.2009 Ex.R8,  the OPs have informed the complainant that the documents should reach CHC before 13.05.2009, as there was a deadline given by CHC for this date. Detail of documents demanded by CHC is as under:-

1. Updated IMM0008 forms.

2. Employment details.

6.                The OPs submitted the document dated 18.04.2009 Ex.R4 to  the immigration section, Shantipath, Chanakyapuri, New Delhi, in which, it was informed that the complainant has been appearing for IELTS for 30.04.2009. Result would be forwarded shortly thereof and the Police Clearance Certificate and passport in respect of dependent would be forwarded soon.  The immigration authority of Canada rejected the immigration dated 25.05.2009 Ex.C-15 of complainant, in which, it was mentioned that the complainant has obtained insufficient points to clarify immigration to Canada. The minimum requirement being 67 points. The complainant had not provided conclusive evidence of her language skills as well.   She has not obtained sufficient points to satisfy them.  Could the complainant be able to become economically established in Canada. Relevant portion of this table is reproduced as under:-

	Points assessed	Maximum possible
Official language proficiency	0	24

7.                As per Clause 2 of the contract of engagement Ex.R-2, the complainant was to provide the documentation and other evidence as required to by the company within 30 days, which included educational qualification and experience certificate. In the instant case, last date of submission of documents was 13.05.2009 and the complainant received the IELTS result on the same dated i.e. 13.05.2009 and the IELTS result card was received on 16.05.2009 as she herself admitted in para 7 of the complaint and about it. The OPs had performed their duty and they received the fees as per agreement from the complainant for the service charges. The complainant could not submit the documents in time, which resulted in her failure.  So, the deficiency in service on the part of the OPs has not been proved by the complainant. District Forum had not appreciated the matter in proper prospective.

8.                Sequel to above discussions, appeal filed by the appellants/OPs is partly accepted and order of District Forum, is set aside. Consequently, the complaint of complainant stands dismissed.

9.                The appellant had deposited the amount of Rs.23,500/- with this commission at the time of filing the appeal.  The amount of Rs.23,500/- with interest, which accrued, thereon, shall be paid by registry to the appellants by way of a crossed cheque/demand draft after the expiry of 45 days.

10.              The arguments in this appeal were heard on 10.02.2015 and the order was reserved. Now the order be communicated to the parties. The appeal could not be decided within the statutory period due to heavy pendency of court cases.

 

                                                                                                                 (J.S.Klar)

                                                                                                                                                                     Presiding Judicial Member

 

 

February  23, 2015                                                                                                                                       (Vinod Kumar Gupta)

LB/-                                                                                                                                                                          Member