- Ratan Kumar Majumdar,
1/G/1, T.N. Chatterjee Street,
P.S. Baranagar, Kolkata-90. _________ Complainant
____Versus____
- The Chairman & Managing Director,
Worldwide Immigration Consultancy Services,
A-12, Industrial Area, Phase-VI,
Mohali Punjab, Pin-160055.
- The Branch Manager,
W. W. I. C. S.
7A, Lala Lajpat Roy Sarani, 2nd Floor,
P.S. Bhawanipur, Kolkata-20. _________Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Smt. Samiksha Bhattacharya, Member
Order No. 18 Dated 28-08-2014.
The case of the complainant in short is that complainant was attracted by the advertisement advertised in the Ananda Bazar Patrika and being influenced and allured by the statement and promises of o.ps. signed one ‘BRONZE TYPE’ contract agreement on 3.10.02 at their Kolkata Branch at Kolkata-20 by paying a sum of Rs.30,000/- as retainer fee. The Bronze Type agreement was confined within immigration procedure only.
O.p. officials, especially the Branch Manger reiterated that everything would be settled within 12 to 18 months. Again on 11.10.02 complainant to their Kolkata Branch and paid a sum of US $ 700 as professional fees. O.p. informed complainant that his case was filed in Canadian High Commission on 25.11.03. This was a verbal communication. Complainant paid a sum of Rs.82,440/- to Canadian High Commission as a whole through WWICS as per the direction of o.p.
O.p. official allured complainant in no uncertain term the ‘GOLD PACKAGE AGREEMENT’ is more lucrative and more prospective and accordingly complainant converted his Bronze Package to Gold Package on 18.11.09 and paid a sum of Rs.25,000/- and US $ 1000 at their Kolkata office. The Gold Package covers Immigration, Placement and Settlement in Canada.
Complainant had to spend much in the mean time for passport, IELTS exam, French language classes, cost for medical tests, cost for world education service (US$ 80) and other incidental chares. Complainant got his landing papers and other documents as on 2.4.10 from their Kolkata office and accordingly the terms and conditions laid down in Bronze Package Agreement fulfills.
Complainant had to go to Canada with immigration visa, legally he was compelled to voluntarily resign from his service and accordingly he was released from his service as on 31.7.10 loosing 42 months of remaining service period. Complainant was Deputy Manager (System) in State Bank of India. Complainant took this decision being fully assured by o.p. for years together. Due to this voluntary retirement complainant had to loose an amount which is much higher than 20 lakhs.
Complainant went to Toronto on 24.10.10 and was compelled to come back to Kolkata on 6.11.10 due to fraudulent and cheating activities of WWICS. According to GOLD PACKAGE AGREEMENT o.ps. are compelled for placement and settlement in Canada. But the entire thing was converted into a bluff. Hence, the case was filed by the complainant with the prayers contained in the petition of complaint.
Decision with reasons:
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant stated that he has paid some amount in Indian currency and some in US dollar to o.ps., but it appears from the record that some of the receipts of such payment has not been annexed by complainant in the petition of complaint wherefrom we can safely conclude in respect of the amount paid by complainant to o.ps. as aforesaid has not been substantiated. Besides that the petition is defective in nature since complainant has not prayed for to return the total investment to o.ps. in the prayer portion of the complaint petition though he has prayed for specific amounts in respect of compensation for mental harassment and delay in the prayer portion of the petition of complaint.
Upon considering the aforesaid observations we hold that the instant complaint petition cannot be entertained since there is no specific prayer for total return of invested money though he has prayed for compensation. As such, complainant has failed to substantiate the case and is not entitled to relief.
Hence, ordered,
That the case is dismissed on contest without cost against the o.ps.
Supply certified copy of this order to the parties free of cost.
