BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.37 of 2018
Date of Instt. 19.01.2018
Date of Decision: 13.02.2019
Pawandeep Singh S/o Sh. Harvinder Singh R/o H. No.223, St. No.8, Krishna Nagar, Hoshiarpur.
..........Complainant
Versus
1. The Branch Manager, World Wide Immigration Consultancy Services Limited, Plot No.21-22 Ground Floor, Midland Financial Centre, Opposite Hotel Kings, Near ICICI Bank, GT Road, Jalandhar City, Punjab 144001.
2. World Wide Immigration Consultancy Services Limited (WWICS Ltd.) A-31/A, 3rd Floor, Near Raja Garden Flyover, Above Yamaha Showroom, Ring Road, Rajouri Garden, New Delhi through Manager.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.
Before: Sh. Karnail Singh (President)
Smt. Jyotsna (Member)
Present: Complainant in Person.
Sh. G. P. S. Rana, Adv Counsel for the OPs No.1 and 2.
Order
Karnail Singh (President)
1. The instant complaint has been filed by the complainant, wherein alleged that the complainant filed an application for the PR (Permanent Residence) Fedrel Skilled Trade Program under the OP No.1 a branch office of OP No.2 in short WWICS. WWICS had assured the complainant when he approached for the above said purpose that OP have employer regarding job profile and suggested the complainant and his father to file the case as soon as possible. On their such assurance, complainant filed the application under file No.89150 and 89151. The complainant also paid first installment of Rs.2,05,200/-, vide cheque No.126193/10 on 3rd June, 2015. After payment of first installment, WWICS contacted the complainant and said the employer in Canada is ready and asked the complainant to send employer fee in USD 5200/- (i.e. INR Rs.3,35,903/-). The complainant paid the aforesaid fee as well as on 16th July 2015, vide cheque No.585409/31 drawn in favour of Paul Merchants Limited as directed by WWICS. WWICS assured that there is 8 to 12 months maximum period to complete the procedure and to get the PR and immigration to Canada. Thereafter, whenever the complainant contacted the WWICS, its representative told him that they were trying to find the employer in Canada, but even after lapse of two years they could not find the employer and the file of the complainant could not be processed and moved further. After the passage of two years, the company representative advised the complainant that they are unable to find employer in Canada and asked the complainant to apply for the refund. The complainant, disappointedly applied for refund after wasting his two valuable years. On 26.06.2017 under file No.89150 and 89151. Thereafter, company representative told to the complainant that amount paid by him, vide USD 5200/- is lying as it is with the company and will be refunded as such. However, same amount out of the fee paid as first installment to the tune of Rs.2,05,200/- will be deducted and further told the complainant to come after a month for that purpose. That the complainant continued to visit office of WWICS, but to no use. After about 3 months i.e. on 11.09.2017, the company representative told to the complainant that his case for refund has been approved, but the company will pay Rs.1,26,000/- out of first installment of Rs.2,05,200/- and USD 5000 instead of USD 5200/- out of the second amount and in case he was ready to receive the said amount he would have to give written consent. No reason or basis of such deduction was given. On finding that complainant has no other option, but to seek whatsoever amount the OPs have undertaken to give him and avoid future embarrassment had to sign consent-cum-full and final settlement letter provided by WWICS. Thereafter, WWICS assured the complainant that the amount of refund to the tune of Rs.4,48,983/- will be transferred to his account in middle of November, 2017. However, the amount in question has not been transferred by the WWICS till the first week of December inspite of complainant's waiting for refund transfer of his hard earned money and as such, the act and conduct of the OP is tantamount to deficiency in service and accordingly, the instant complaint filed with the prayer that the complaint of the complainant may be accepted and OPs be directed to reimburse the amount of Rs.5,41,103/- as original amount paid by the complainant along with interest @ 12% per annum from the date of payment of first and second installment, till realization and further OPs be directed to pay compensation and cost, to the tune of Rs.50,000/-.
2. Notice of the complaint was given to the OPs, who appeared through its counsel and filed written reply, whereby contested the complaint by taking preliminary objections that the present case is a case of voluntarily withdrawal of application for obtaining Job Offer by the complainant, which was awaited and as such, the present case is liable to be dismissed on this account. The complainant retained the services of the OPs be entering a contract of engagement dated 03.06.2015, under Express Entry-Job Offer with respect to preparation and submission of documents to the associated company to secure Job Offer under NOC 7205-Construction Supervisor for the complainant, copy of the same is attached and an other contract dated 03.06.2015 under federal processing post provincial selection/post receipt of positive labour market impact assessment with respondent company with respect to preparation, submission and processing of application for permanent residency for the complainant, the answering respondent immediately started working on the immigration case of the complainant and the complainant was guided thoroughly for preparation of his job duties and documents. The respondent company assessed the resume of the complainant as per the NOC and deficient information pertaining to job duties of the complainant was communicated to the complainant several times with suggested modifications. Thereafter, the answering respondent received final resume and other documents, vide email dated 10.08.2015. Further, the respondents uploaded the documents of the complainant to “Job Bank Canada” on 01.10.2015 for arranging job offer. As a bad luck of the complainant, the employers did not pick the resume of the complainant and the complainant has not received job offer till date without waiting further, the complainant voluntary withdraw his immigration case and started asking for refund, vide refund application and declaration form dated 26.06.2017 and further submitted that the complaint of the complainant is liable to be dismissed on the principle of Promissory estoppel as the complainant, vide his consent letter dated 11.09.2017 had given his consent to receive Rs.1,26,000/- towards the full and final settlement of his claim against the respondents, which was duly approved and informed to the complainant, vide email dated 20.07.2017. However, the complainant refused to accept this amount inspite of consent letter dated 11.09.2017. Since, the complainant has himself consented to receive the amount of Rs.1,26,000/-, which is being paid to the complainant before this Forum. Hence, the present complaint is liable to be dismissed. So far as the claim of the complainant for refund of Rs.2,05,200/- is concerned as the complainant has consented to receive Rs.1,26,000/- out of this amount. Similarly, the complainant has given a consent of receiving USD 5000, vide consent letter dated 11.09.2017. Out of that amount, an amount of 1500 USD is to be deducted as per contract and as such, the complainant is entitled to USD 3700. However, keeping in view the demand of complainant, the said amount of USD 3700 has been enhanced to USD 4300 equivalent to Rs.2,75,200/-, which is being paid to the complainant before this Forum towards the claim of Rs.3,35,903/- of the complainant, thus, the complaint is liable to be dismissed. It is further alleged that the complainant paid an amount of Rs.25,200/- for the taxes levied by Government, which includes service tax as is clear from the receipts dated 03.06.2015. The said amount of Rs.25,200/- as Service Tax has gone in the account of state exchequer to the government, is totally non-refundable and further alleged that this Forum has no jurisdiction to entertain the present complaint. On merits, it is admitted that the complainant availed the services after making a payment, but later on the complainant himself withdraw the application with his consent and as such, the allegations of the complainant are without any basis and therefore, the complaint is liable to be dismissed.
3. In order to prove the case of the complainant, the complainant himself tendered into evidence his own affidavit Ex.CA and some documents Ex.C-1 to Ex.C-5 and closed the evidence.
4. Similarly, counsel for the OPs tendered into evidence affidavits Ex.OPA and Ex.OP1/A along with some documents Ex.OP1/1 to and Ex.OP1/11 and closed the evidence.
5. We bestowed our thoughtful consideration to the submissions made by learned counsel for the respective parties and also scanned the case file very minutely.
6. In nutshell, we conclude that the case of the complainant in regard to getting an amount of Rs.2,05,200/- on 03.06.2015 and Rs.3,35,903/- on 16.07.2015 for processing the application of PR (Permanent Residence) under Federal skilled Trade Program in Canada was accepted by the OP and as per OP version, they tried their best to locate the employer for processing the case of the complainant, but it took some time and during that time, the complainant himself voluntarily submitted an application for refund of the amount and accordingly, the OPs are ready to refund the said amount as per consent letter of the complainant.
7. We have sympathetically considered the entire case and find that the complainant made a written request on 26.06.2017, vide application Ex.C-3 for refund of the amount and accordingly, a consent letter was obtained from the complainant by the OP on 11.09.2017 in regard to both deposits, the said consent letter come full and final settlement are Ex.C-4 and Ex.C-5 dated 11.09.2017 and after making a settlement with the complainant, the OP did not pay the said amount till the day of filing of the complaint i.e. 19.01.2018. So, there is a delay for reimbursement of the amount from 11.09.2017 to 19.01.2018 i.e. virtually negligence and deficiency in service on the part of the OP and as such, we are of the opinion that the complainant is entitled for the reimbursement of the settled/consented amount, vide letter Ex.C-4 and Ex.C-5 i.e. a sum of Rs.1,26,000/- against the deposited amount of Rs.2,05,200/- and further the complainant is entitled to get refund USD 5000/- against the deposits USD 5200/- and complainant is also entitled for the compensation because there is delay on the part of the OP for making a payment of the said settled amount.
8. In the light of above detailed discussion, the complaint of the complainant is partly accepted and OPs are directed to refund the consent-cum-full and final settlement amount of Rs.1,26,000/- and USD 5000/- (by converting it into Indian Currency at the prevalent rate at the time of deposit). The aforesaid both amount be reimbursed to the complainant along with interest @ 12% per annum from the date of consent letter i.e. 11.09.2017, till realization and further OPs are directed to pay compensation for harassment to the complainant to the tune of Rs.20,000/- and litigation expenses of Rs.5000/-.The entire compliance be made within one month from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
9. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jyotsna Karnail Singh
13.02.2019 Member President
