Chandigarh

DF-II

CC/373/2020

Shalinder - Complainant(s)

Versus

Rahal Travels and Immigration Consultants - Opp.Party(s)

Rohit Malik

04 Dec 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	373 of 2020
Date  of  Institution	:	17.08.2020
Date   of   Decision	:	04.12.2024

 

 

 

 

Shalinder, aged 42 years, s/o Raj Kumar Sharma, R/o 1663/1, Sector 40-B, Chandigarh, Badheri, Chandigarh-160036, E-mail:shallymani7882@gmail.com

             … … … Complainant

 

Versus

 

1.  Rahal Travels and Immigration Consultants, located at SCO 117-118, Office No.100-101, 1^st Floor, Sector 17-B, Chandigarh-160017, Mob:9855553393, Email:rahaltravels@gmail.com (through Director/Manager Monika Rahal & through Proprietor/Owner/Authorized Signatory Paramjit Singh).

2.  Rahal Travels and Immigration Consultants, located at SCO 73-74-75, 4^th Floor, Sector 17-B, Chandigarh-160017, Mob:9855553393, Email: rahaltravels@gmail.com (through Director/Manager Monika Rahal & through Proprietor/Owner/Authorized Signatory Paramjit Singh).

   … … … Opposite Parties

BEFORE:  MR.AMRINDER SINGH SIDHU,       PRESIDENT

                MR.BRIJ MOHAN SHARMA,     MEMBER

                               

Argued by:    Sh.Rohit Malik, Counsel for Complainant.

Sh.Sahil Nain, Advocate Proxy for Sh.Sandeep Kumar, Counsel for Opposite Parties(OPs).

 

 

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

 

1]       As per averments made in the complaint, the complainant approached OPs for availing consultancy services for permanent immigration to Canada and applied for Trade Certification Certificate with Ontario Province through PNP (Provincial Nominee Program) on the basis of work experience since 2011 in cookery. A Trade Certification Certificate Agreement was signed between the parties. Copy of Agreement has been placed on record as Exhibit C-3. The complainant made a total payment of Rs.5,00,000/- to OPs, out of which the complainant had paid Rs.2,00,000/- i.e. $ 4000 on 14.09.2016 at the time of signing of agreement and Rs.3,00,000/- i.e. $ 6000/- on 09.10.2017. The OPs directed the complainant to get training and admission in IELTS program and clear the same with a score of 6 Bands which was a basic condition for applying the Trade Certification Certificate with Ontario Province through PNP (Provincial Nominee Program) for immigration to Canada. Even after achieving a score of 6 Bands, the OPs again asked the complainant to reappear in IELTS Exam and achieve a score of 6.5 Bands in order to apply for the above mentioned PNP, which was an act of omission on the part of OPs, as there was no such condition in the agreement mentioning the required IELTS score. Copy of IELTS Score has been placed on record as Exhibit C-4. The complainant had to spend Rs.48,000/- on IELTS Exam and Rs.40,000/- to get assess educational credentials for himself and his wife. Copy of IELTS Smart Test Score and Assessment of Educational Credentials has been placed on record as Exhibit C-5.

 

    It is stated that although the OPs registered the case of complainant for Trade Certification Certificate with Ontario Province through Provincial Nominee Program for immigration to Canada and got issued a Membership Number along with Personal Identification Number of the complainant but could not make available Trade Certification Certificate in the name of complainant and forged a false approval letter dated 29.09.2017  from Ontario College of Trades Order, thus, misleading and misrepresenting the complainant. Copy of approval letter has been placed on record as Exhibit C-6.

    It is stated that the complainant was shocked to know in the year 2019 that the OPs had applied his case in Express Entry Pool instead of Trade Certification Certificate with Ontario Province for immigrating to Canada, which the OPs had agreed as per the agreement, therefore, OPs intentionally delayed the immigration process and could not arrange Trade Certification Certificate within stipulated time. Inspite of asking repeatedly on phone, e-mails and whatsapp, the OPs have neither taken any action regarding the case of the complainant nor even updated the status of the case of the complainant. Every time the complainant was asked to wait 2-3 months by giving lame excuses. The dream of the complainant to settle abroad has been shattered even after providing all the required documents, spending huge amount and following the instructions of OPs. Even OPs did not refund the amount paid by complainant. Alleging the aforesaid act of OPs deficiency in service and unfair trade practice on their part, this complaint has been filed with a prayer to refund the fee amounting to Rs.5,00,000/- alongwith interest, Rs.88,000/- spent on taking IELTS Exam and Educational Credential Assessment, compensation for mental agony & harassment and costs of litigation. 

 

2]       The OPs in their written version, while admitting the factual matrix of the case, have stated that the complainant had applied for permanent immigration under PNP Program of Ontario Province of Canada after understanding the terms and conditions of Immigration Program. After collecting the documents from the complainant, the OPs engaged Immigration Consultant of Canada Regulatory Authority(ICCRC) Member for applying Trade Certification, certificate approved by PNP, Express Entry Pool, draw/ITA approval and Visa stamping. The complainant paid C$ 4000 on 25.10.2016 and C$ 6000 on 13.10.2017 to ICCRC Member. On 29.09.2017, Trade Certificate from Ontario College of Trades Canada was issued. Thereafter in 2018, Immigration Consultant of Canada Regulatory Authority(ICCRC) Member applied for Federal Skilled Trades Class Express Entry (PR) for Canada for complainant to expression of interest but the Govt. of Canada did not give invitation to apply VISA to the complainant. On 20.04.2019, the Immigration Consultant of Canada Regulatory Authority(ICCRC) Member again put up the file for Federal Skilled Trades Class Express Entry, the PR for Canada, before the Govt. of Canada and UID was issued to complainant and the same is pending in process till 16.10.2021. The complainant know all these facts but with a malafide intention he started asking refund of his amount knowing well the services availed by him from OPs. It is stated that now the case has not been put up in draw for PR by the Canadian Authorities over which the OPs have no control and profile submitted by the complainant is valid till October 2021.

 

    It is denied that complainant was directed by the OPs for IELTS Test rather he had undergone IELTS Test as per the requirement of permanent immigration. It is also denied that OPs directed the complainant to reappear in IELTS Test. The complainant appeared in the test again for improving his score for calculation of marks required for PR to Canada. It is stated that as per para No.3 of the agreement, the OPs shall not be held responsible for any delay occurring in period regarding the issuance of Trade Certification Program due to backlog of case or any other reason whatsoever and any change in Immigration policies at any time affecting Trade Certificate Application. It is stated that the OPs have completed the part of promise for providing Trade Certificate under PNP Program. Denying any deficiency in service or unfair trade practice as well as all other allegations, the OPs have prayed for dismissal of the complaint.

3]       Replication has also been filed by the complainant controverting the assertions of OPs as made in their written version.

4]       Parties led evidence in support of their contention.

5]       We have heard the learned counsels for the parties and have gone through entire documents on record.

 

6]       The question to be decided is whether there is deficiency in service or unfair trade practice on the part of the OPs or not?

 

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

 

7]       The case of the complainant is that he availed the services of OPs and applied for Trade Certification Certificate with Ontario Province through PNP for permanent immigration to Canada, for which he had paid Rs.5,00,000/- to the OPs. The OPs could not make available Trade Certification Certificate in the name of complainant and forged a false approval letter dated 29.09.2017, Exhibit C-6/OP-4, from Ontario College of Trades, thus, misleading and misrepresenting the complainant, as the Trade Certificate, Exhibit C-6/OP-4, which OPs are claiming to have been issued by the Ontario College of Trades is in fact application for applying to get his documents assessed and become a Member in the Tradespersons Class which cannot be called a Trade Certificate. The complainant has placed on record copy of Internet Extract as Exhibit C-14 explaining the PNP applying procedure as well as fees to be deposited from official Canadian Govt. Immigration Site. The assertion of the complainant is supported by his duly sworn affidavit. The contention of the OPs is that they have completed the part of promise for providing Trade Certificate under PNP Program. The case of the complainant was applied for which was under process as the name of the complainant does not qualify for draw for permanent immigration. 

 

8]       There is merit in the contention of the complainant. The OPs were duty bound to render the service as promised or to refund the received amount. The OPs were bound by the terms of the agreement and step by step process to be followed in applying the case of complainant through PNP for permanent immigration to Canada but the OPs failed to initiate the PNP procedure of the complainant as per the rules lay down by the Canadian Government. It was the duty of the OPs to check before processing of the case whether the application of the complainant for obtaining Trade Certification Certificate with Ontario Province through PNP for the purpose of permanent immigration to Canada was as per procedure or not. The complainant paid the fee to the OPs for seeking help in careful/correct documentation and for completion of all other formalities which the complainant himself was unaware of.

 

9]       Thus, from the entire evidence led by complainant, one thing is proved on record that the OPs have not only misrepresented the complainant but also failed to render the promised service in pursuance to the Agreement Exhibit C-3 executed between the parties as the OPs neither assisted the  complainant in obtaining the Trade Certification Certificate with Ontario Province through PNP for immigration purposes nor refunded the amount paid by the complainant to them, which itself amounts to deficiency in service and unfair trade practice on the part of OPs.

 

10]      In the light of the aforesaid discussion, the present consumer complaint succeeds, the same is partly allowed and the OPs are directed to refund the amount of Rs.5,00,000/- to the complainant alongwith interest @ 6% per annum from the respective dates of deposits till the date of its actual realization within 45 days from the date of receipt of certified copy of this order.

 

11]      The pending application(s) if any, stands disposed of accordingly.

 

        The Office is directed to send certified copy of this order to the parties, free of cost, as per Rules under The Consumer Protection Rules, 2020. After compliance file be consigned to record room.

Announced

04.12.2024                                                               

Sd/-

 (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

 (BRIJ MOHAN SHARMA)

MEMBER

as