Order by:

Smt.Priti Malhotra, President

1.        The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 on the allegations that he availed the service of Opposite Party like consultation, counseling and professional services for processing his case/file along with complimentary services i.e. IELTS Assistance, Job Assistance and Post Landing Services. Surprisingly, the act and conduct of the Opposite Party after receiving payment for their services is totally against its settled terms and commitments, as he started experiencing various issues apropos the services rendered by Opposite Party. Due to poor coordination and lack of knowledge of Opposite Party, he was forced to take help of other consultant to apply education credential assessment and no help of whatsoever was extended to him throughout the ECA process. Further alleged that he struggled a lot with the IELTS assistance provided by the Opposite Party. Mentor appointed by the Opposite Party used to send tasks and materials for practice; however solved assignments were seldom reviewed for clearing his doubts. Thus, he was left in lurch to prepare for exam himself and left with no option to pay additionally to other IELTs mentors to prepare for the exam. Even the request to change the mentor remains unattended. The case manager also remained completely insensitive on his file throughout the PR process. Further alleged that despite updating him well in time about his current IELTS score, he deliberately ignored to update his express entry file which caused him great damage, as he could not receive invitation by Canadian Immigration in the first half of March, 2020. Further there was no draw by the Canadian Immigration even after 4-5 months and unfortunately his score decreased 5 points in June due to age. When draw started in July, 2020, cut off was so high that he could barely manager to receive invitation in August, 2020. Due to negligence and deficient services of Opposite Party, 5 months got wasted and the invitation which he was supposed to receive in March, 2020 was delayed to August, 2020. He raised various complaints against the negligence act and conduct of Opposite Party, which remains unattended. Further alleged that despite forwarding all the corrections to be made in the final visa application, the Opposite Party deliberately and negligently left some details incorrect which cause great damage to him. All the preparation, review and compilation of the necessary documents required to be uploaded for final visa application had been done without any assistance from the Opposite Party at an extra cost to other consultant. Further alleged that Opposite Party also harassed him by not adding his daughter in his profile.  Legal notice was also served upon the Opposite Party, but to no effect. Hence, this complaint. Vide instant complaint, the complainant has sought the following reliefs.

a)       Opposite Party  may be directed to refund the amount of Rs.60,000/- alongwith 12 % interest from the date of payment.  

b)      To refund the amount of Rs.1,00,000/- which the complainant paid to other consultant and IELTS mentor alongwith interest @ 12% from the date of payment.

c)       To pay an amount of Rs.1,15,000/- as compensation.

d)      To pay an amount of Rs.21,000/- as litigation expenses.

d)      And to take punitive and deterrent actions against the errant Opposite Party in order to avoid such like complaints in future.

2.       Upon service of notice, none appeared on behalf of Opposite Party, hence Opposite Party was proceeded against exparte. 

3.       In order to prove his case, complainant tendered into evidence his affidavit Ex.CW1 alongwith copies of documents Ex.C1 to Ex.C13.

4.       We have carefully gone through the file as well evidence on record.

5.       The case of the complainant is that he availed the service of Opposite Party i.e. IELTS Assistance, Job Assistance and post Landing Services, but due to the poor coordination and lack of knowledge of the Opposite Party, the complainant was forced to take help of other consultant to apply education credential assessment and he has to pay additionally to other IELTS mentors to prepare the exam. Further alleged that due to the deficient services of the Opposite Party, his crucial 5 months got wasted and the invitation which he was supposed to receive in March, 2020 was delayed to August, 2020. Moreover, all the preparation, review and compilation of the necessary documents required to be uploaded and all the formalities and forms required to be completed for adding spouse was done by paying extra cost to other consultant by the complainant. Moreover, when the complainant approached the Opposite Party to add his daughter in his profile, then Opposite Party demanded more money from him. Claiming the above act as deficiency in service and unfair trade practice on the part of the Opposite Party, the complainant has filed the present complaint. 

6.       Perusal of the record reveals that the complainant has placed on record various emails addressed to Opposite Party raising his grievances as mentioned in the complaint, which is supported by his duly sworn affidavit. From the record available on file and from the perusal of legal notice, it also reveals that despite sending various emails/complaints, grievances of the complainant were not redressed and Opposite Party failed to render proper services to complainant, despite being received hefty amount of Rs.60,000/-. Moreover, the evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite Party opt not to appear and contest the proceedings.  In this way, the Opposite Party has impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Party has no defence to offer or defend the complaint.  From the entire unrebutted and unchallenged  evidence produced by the complainant on record, it stands fully proved on record that  the Opposite Party rendered deficient services by not giving proper services to complainant.

7.       Now come to the quantum of amount to be awarded to the complainant. Vide instant complaint, the complainant claimed the amount of Rs.60,000/- to be refunded to him and further claimed the amount of Rs.1,00,000/- which the complainant paid to other consultant and IELTS mentor.       In our considered opinion, the demand for the refund of the amount paid to avail the services of Opposite Party is genuine and the Opposite Party is liable to refund the same. However, we are not passing any order against the amount which the complainant claimed to be paid to other consultant and IELTS mentor, as against the said amount, he availed the services of said consultant.  As regards to the compensation and litigation cost claimed by the complainant, we are of the view that the amount so claimed by the complainant appears to be exorbitant and excessive. The rationale behind grant of compensation is to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant.

8.       From the discussion above, we partly allow the complaint of the complainant and direct the Opposite Party to refund the amount of Rs.60,000/-(Rupees Sixty Thousand only) to the complainant. The compliance of this order be made by the Opposite Party within 30 days from the date of receipt of the copy of this order, failing, the Opposite Party is further burdened with Rs.5,000/- (Rupees Five Thousand only) for non compliance of the order. Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.  

Announced in Open Commission.