BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JALANDHAR.
Complaint No.565/2019
Date of Instt 02.12.2019
Date of Decision: 09.02.2021
Jatinder Pal Singh Jandu c/o 63, Waryam Nagar, Cool Road, Jalandhar.
..........Complainant
Versus
1. Shital Singh s/o Chand Singh, (Prop.) Step Up Education SCO No.13,2nd Floor, Phase 5, SAS Nagar, Mohali.
2. Amandeep Kaur (HR Manager) Step UP Education SCO No.13, 2nd Floor, Phase 5 , SAS Nagar (Mohali).
3. Supreet Kaur (Sen. Counselor) Step UP Education SCO No. 13, 2nd Floor, Phase 5, SAS Nagar (Mohali).
4. Navdeep Singh (Sen. Counselor) Step Up Education, SCO No. 13, 2nd Floor, Phase-5, SAS Nagar (Mohali).
.......Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Kuljit Singh (President)
Smt. Jyotsna (Member)
Present: Complainant in person.
OPs no.1 & 4 exparte.
OPs no.2&3 already withdrawn.
Order
Kuljit Singh (President)
1. The instant complaint has been filed by the complainant, wherein alleged that he took the services for migrate to Canada under SINP from Step Up Education Centre, SCO No.13, 2nd Floor, Phase 5, SAS Nagar (Mohali), which is the registered consultancy centre having valid licence regd. 141 valid upto 19.03.2023 and provides services to the people who want to go abroad. They advertise through cable TV channels, major newspapers and even on social media which are circulated in Jalandhar. That on contacting with OPs Madam Amandeep Kaur (HR) and Counselor Miss Jasmine had been advised him to file the case on his spouse name i.e. Varinder Kaur Jandu, will be more beneficial and explained about the procedure of Canada PR in Saskatchewan Provence as following:-
a) First step: Pre apply assessment with payment of Rs.5000/- and it will take 7 days.
b) Second step: Sign up the agreement with payment of Rs.27,000/- to arrange sponsorship/job offer letter and it will take 45 days.
c) Third step: final submission of file in Embassy alongwith financial certificates, police clearance certificate and a fee sum of Rs.1,00,000/- and will take 4 to 5 months, Rest will be paid on visa stamping total fee upto 5 lacs.
d) Fourth step: Medical and stamping on passport, whole process will take 8 to 10 months.
After understanding the procedure he had deposited a sum of Rs.5000/- in the account of ICICI Bank Account No.005805501260 through ICICI Bank GT Road Branch Jalandhar on 08.05.2018 alongwith required documents to initiate the case for Canada PR. Few days later he has received a phone call from Amandeep Kaur that he will 100% get Canada PR according to Canadian solicitor on the basis of documents provided by him and asked him to see in person. That in the month of May 2018, he visited the office, there a meeting was conducted with Madam Amandeep Kaur alongwith another counselor namely Madam Supreet Kaur they showing the assessment letter and discussed the further process and demanded a sum of Rs.27,000/- from him for second step to complete. Which he remitted on line from Jalandhar on 28.05.2018 through ICICI Bank Account No.005805501260. They also got signed a contract agreement on dated 28.05.2018 from him with regard of PR visa of Canada. The agreement was signed by him and by Madam Amandeep Kaur on behalf of step up Education. Madam Supreet informed him that the total process was of 45 days and they informed accordingly. That after the given time lapsed he started approaching to concerned persons through phone calls and emails but they did not send any reply so he start demanding the refund of Rs.32,000/- which he had paid. On personal visits OPs put the matter lingers on inspite to refund the paid amount. In the month of September 2018 Madam Amandeep Kaur and Mr.Navdeep Singh told that sponsorship/job offer letter was received and asked to meet him in person. Then he met the madam Amandeep Kaur and Mr.Navdeep Singh alongwith Madam Supreet, who obtained the signature on offer letter and demanded a sum of Rs.1,00,000/- cash in lieu of Embassy fee and lawyer fee and said receipt will be provided later on once file submitted. They also demanded financial documents, a copy of passport and police clearance certificate. On 01.02.2019, which he has provided and also paid a sum of Rs.1,00,000/- in cash. In March 2019, Mr. Navdeep Singh informed him that the case was submitted in Canadian High Commission, They also told him that he would get a call from Embassy for verification but he did not got any kind of verification call from Canadian Embassy. That he had been constantly in contact the Madam Amandeep Kaur, Mr.Navdeep Singh and Madam Supreet to know the fate of the case. On dated 22.07.2019 Navdeep Singh informed him that the application of PR Visa in the name of Varinder Kaur Jandu was refused by Canadian Embassy vide rejection letter issued on dated 11.07.2019. On demanding refusal letter was delivered to him through registered post. That he verified the matter through email from Canadian Embassy New-Delhi, Canadian Embassy Chandigarh and Government of Saskatchewan, immigration Services, Regina, Canada. He was shocked to know that the entire alleged process adopted by the Step up Education and Immigration, the OPs is fake and bogus. The case with the name of Varinder Kaur Jandu for PR Visa was never applied for nor the same was rejected even not any fee was paid which was obtained from him. The embassy people also informed him that the rejection letter was forged and fabricated and it was not issued by Canadian Embassy. That the above said transaction was made online and through ICICI Bank GT Road, Jalandhar branch so it is requested to submit this case under Consumer Disputes Redressal Forum, Jalandhar. The complainant also sent legal notice dated 15.10.2019, but all in vain and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay Rs.1,32,000/- alongwith 8% interest which was paid to the OPs as processing fee, lawyer fee and embassy fee and further OPs be directed to pay Rs.2,00,000/- as compensation for causing mental tension, agony and harassment to the complainant and further OPs be directed to pay Rs.15,000/- as litigation expenses and further OPs be directed to pay Rs.3,00,000/- for wastage of precious time of approximately two years.
2. Notice of the complaint was given to the OPs, but despite service OPs No.1 & 4 did not come present and ultimately, OPs No.1 & 4 were proceeded against exparte, whereas OPs No.2 & 3 withdrawn by the complainant vide his separate statement dated 19.02.2020.
3. In order to prove his respective version, the complainant himself produced on the file his respective evidence at the time of filing the complaint.
4. We have heard the complainant in person and also gone through the case file as well as written arguments submitted by counsel for the complainant very minutely.
5. The complainant has tendered his affidavit Ex.C-A on the record in support of his case. He alleged that procedure of OPs is faked and bogus. The detail of issue license to travel agent Ex.C-1 on the record. In this document, name of OP is mentioned at serial no.136 and license number mentioned as 141. From perusal of this document, it is clear that name of OP is registered under list of license issued. Copies of documents Ex.C-2 to Ex.C-3. Ex.C-4 is copy of deposited receipt for payment of Rs.10,000/-. Ex.C-5 to Ex.C-7 are copies of Saskatchewan Immigration Points. Ex.C-8 is copy of ATM receipt. Ex.C-9 is copy of email. Ex.C-10 is copy of certificate of agreement. Ex.C-11 to Ex.C-29 are copies of emails on the record. Ex.C-30 is copy of letter dated 11 July 2019 addressed to the complainant. Ex.C-31 is postal receipt thereof. Ex.C-32 to Ex.C-42 are copies of emails. Ex.C-43 is copy of legal notice dated 15.10.2019. Ex.C-45 is postal receipt thereof.
6. On the other hand OPs have not produced anything o the record because OPs No.1 & 4 were proceeded against exparte, whereas OPs No.2 & 3 withdrawn by the complainant vide his separate statement dated 19.02.2020.
7. It is an established fact on the record that the complainant availed the services for migrate to Canada under SINP from OPs, as he is consumer of the OPs and OPs are service provider. From perusal of Ex.C-1 this fact is clear that OPs registered Consultancy Centre having valid license no.141 valid up to 19.03.2023. The complainant deposited Rs.10,000/- in account of OPs through ICICI Bank on 08.05.2018 vide receipt Ex.C-4. The complainant deposited the above said amount with required documents to initiate the case for Canada PR. After few days, he received a phone call from Amandeep Kaur that he would get 100% for Canada PR according to Canadian Solicitor on the basis of documents provided by him. In the month of May 2018 meeting was held by OPs and discussed the further process and demanded a sum of Rs.27,000/- from him for second step to complete, which he remitted on line from Jalandhar on 28.05.2018 through ICICI Bank. He also got signed contract agreement on 28.05.2018 from him with regard to PR visa for Canada. The agreement signed by him and by Madam Amandeep Kaur on behalf of OPs and informed him the total process was of 45 days and he informed accordingly. After giving time, he approached OPs but they failed to give any response, therefore, he demanded refund of Rs.32,000/- which he had paid to OPs. But OPs failed to do so. He approached OPs many time in this regard but no satisfactory reply was given to him. When he contact Madam Amandeep Kaur, Mr. Navdeep Singh and Madam Supreet to know the fate of the case. On 22.07.2019, Navdeep Singh informed him that application for PR visa is in the name of Varinder Kaur Jandu was refused by Canadian Embassy vide rejection letter issued on 11.07.2019. On demanding refusal letter was delivered to him through registered letter. He verified the matter from Canadian Embassy New Delhi Canadian Embassy Chandigarh and Government of Saskatchewan Immigration Services Regina Canada and he was shocked to know that the entire alleged process adopted by Step Up Education and Immigration, OPs is fake and bogus. The contract of agreement is the valid document on the record. This agreement Ex.C-10 is executed between Ops and Varinder Kaur. The terms and conditions of this agreement are binding on both the parties and no one wriggle out from the same. In fourth term of the above agreement is that “if candidate is unable to provide any sought of information for required documents then company is not responsible for any kind of refusal or rejection.” But in the present case the complainant provided all the required documents to OPs to initiate the case for Canada PR and the complainant also received a phone call from Amandeep Kaur that he will 100% get Canada PR according to Canadian Solicitor on the basis of the documents provided by him. If all the documents received by OPs from the complainant then how can they reject the application for PR Visa in the name of Varinder Kaur Jandu by OPs vide rejection letter dated 11.07.2019. This lapse proved on the part of OPs for not providing the proper services to him as per contract executed between the parties. The OPs enjoying the hard-earned money of the complainant for a long period without any valid reason is not only an act of deficiency of service but also amounts to unfair trade practice on their part.
8. In the light of our above discussion, we allow the complaint of the complainant and OPs are directed to refund entire money deposited by complainant with them further complainant is also entitled Rs.10,000/- as compensation for mental harassment and litigation expenses and Rs.5000/- deposited in Legal Aid Fund of this Commission.
9. The compliance of the order be made within one month from copy of receipt of this order.
10. Copies of the order be sent to the parties, as permissible, under the rules.
11. File be indexed and consigned to the record room after its due compliance.
ANNOUNCED IN THE OPEN COMMISSION:
9th Day of February 2021
(Kuljit Singh)
President
(Jyotsna)
Member
