By Sri. A.S. Subhagan, Member:

            This is a complaint filed under section 35 of the Consumer Protection Act 2019.

            2. Facts of the case:-  The Consumer states that the opposite party company is one of the immigration consultants in India offering visa and immigration services for Canada and few other countries.  For filing the application for Canada PR, they are charging a total of Rs.88,500/- and Rs.1,500/- for profile evaluation.  He also states that he had purchased a service from the opposite party on 04.04.2022 paying Rs.90,000/- through bank transfer and signed a service agreement with them.  The complainant had seen the Opposite parties’ advertisements on facebook and registered his phone number and Email address on 03.03.2022 and complied the formalities as directed by the Opposite Parties.  Some of the services offered by the Opposite Parties are the following as stated in the words of the Complainant

1. The first offer from Sanjana, an employee of the opposite party was that there are high demands for IT engineers in Canada and that is the best time to apply, so that I will get the PR within 6-8 months.  And WVP International will go to A to Z things you need in this migration process.
2. Company provides all the information and advice for me during the consultation.
3. Company assists in preparing and submitting my profile to authorities.
4. Company communicates to all the concerned departments of the High Commission involved in the migration process of my immigration on my behalf.
5. Company offered me IELTS Coaching.
6. Company offered me Job Interviews from Canadian Employer before going there (Resume writing, preparing for the interview, schedule the interview)
7. Company offered me assistance to complete all the procedures like medical check-up/prepare for Visa interviews etc.
8. Company offered me a full refund if something happens wrong during the application procedures/if I withdraw my application.

            3.  The Complainant says that he had complied all the instructions of the Opposite Parties and their employees.  He also had remitted Rs.90,000/- as demanded by the Opposite Parties in instalments by bank transfer.  But ultimately they failed to provide the immigration service as had offered by them. This is dereliction of duty and negligence from the part of the Opposite Parties. The Complainant says in the complaint that:-

1. I didn’t get any information and advice during the consulation
2. I didn’t get any assists in preparing and submitting my profile to authorities
3. Company didn’t create my profile in the portal for applying Canada PR
4. Company didn’t communicate to all the concerned departments of the High Commission involved in the migration process of my immigration on my behalf
5. Company didn’t offer me IELTS coaching
6. Company didn’t offer me Job interviews from Canadian employer before going there (Didn’t help me in resume writing, preparing for the interview, and didn’t schedule any interview).  They have done a fake HT Interview only
7. Company didn’t offer me assistance to complete all the procedures like medical check-up/prepare for visa interviews etc.

4.  Hence this Complainant approached this Commission with prayers to direct the Opposite Parties to

1. Pay a sum of Rs.90,000/- as cost to the Complainant (Service fee)
2. Pay a sum of Rs.4,00,000/- for the financial difficulties, physical strain and mental agony suffered by the Complainant and his family members
3. Pay a sum of Rs.10,000/- towards cost of this petition.

5.  Summons was served on the opposite parties but they didn’t care to appear before the Commission and contest the case.  Hence they were set ex-parte.

6.  Proof affidavit was filed by the Complainant and Exts.A1 to A24 were marked from his side.

7.  In the proof affidavit the Complainant has reiterated all the allegations that he has made in the complaint.  Exts.A1 to A24 marked from his side reveals that the allegations of the Complainant are true and reliable.  The opposite parties had the opportunity to appear before this Commission and to contest the case but they did not do so.  Hence the Commission has no other option than to accept the allegations in the complaint and the genuiness of the documents submitted and marked by the Complainant.

8. Offering immigration services accepting consideration of a huge amount in instalments and not providing the offered services to the Complainant by the Opposite parties is pure deficiency in service for which the Opposite Parties are liable to compensate the Complainant.  So there has been deficiency in service from the part of Opposite Parties.

Therefore, the complaint is partly allowed and the Opposite Parties are directed to

1. Refund a sum of Rs.90,000/- (Rupees Ninety Thousand Only) which has been charged from the Complainant as service fee,
2. Pay a sum of Rs.2,00,000/- (Rupees Two Lakh Only) as compensation for the financial difficulties, physical strain and mental agony suffered by the Complainant and his family members and to
3. Pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) towards cost of this complaint.

The above order shall be obeyed by the Opposite Parties within 30 days from the date of receipt of this Order, failing which the amount will carry interest @8% per annum from the date of this Order.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 31^st day of July 2024.

Date of Filing:-01.07.2023.

PRESIDENT(I/C)      : Sd/-

MEMBER       : Sd/-

APPENDIX.

Witness for the Complainant:-

Nil      

Witness for the Opposite Parties:-

                        Nil      

Exhibits for the Complainant:

A1.                  Advertisement from WVP International on facebook (Screenshot).

A2.                  First Mail from Sanjana.

A3.                  Second Mail from Sanjana.        

A4.                  Third Mail from Sanjana.

A5.                  Copy of Invoice.                                                     Dt:07.03.2022.

A6.                  Fourth Mail from Sanjana.

A7.                  Copy of Invoice.                                                     Dt:21.03.2022.

A8.                  Mail from Urvashi about the Interview Schedule.

A9.                  Interview success mail.

A10.               Copy of Invoice.                                                     Dt:15.03.2022.

A11.               Copy of Invoice.                                                     Dt:15.03.2022.

A12.               Copy of Invoice.                                                     Dt:31.03.2022.

A13.               Mail from Smriti regarding service agreement.

A14.               Copy of Service Agreement.

A15.               Mail communication with Smriti regarding the document.

A16.               Mail from Manvi regarding the IELTS exam.

A17.               Mail Communication with Manvi.

A18.               Mail Communication with Manvi.

A19.               Mail Communication with Manvi.

A20.               Mail Communication with Manvi.

A21.               Whatsapp Messages to Manvi.

A22.               Mail communication with Urvashi.

A23.               Whatsapp messages to Urvashi.

A24.               Delivery details of the Notice before filing complaint in Consumer

Forum.

Exhibits for the Opposite Parties:-

                        Nil.     

PRESIDENT(I/C)      : Sd/-

MEMBER                   : Sd/-

/True Copy/

Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                  CDRC, WAYANAD.

Kv/-