Order No. 11 dt. 17/11/2017
The case of the complainant in brief is that o.ps. are in business in immigration industry. The complainant paid Rs.45,000/- towards registration and also paid US$ 1400 approximately Rs.86,486.75 as professional service fee [Gold package for overseas settlement services] to o.ps. for immigration to Canada as a federal skilled worker. In May 2013 the application for immigration was terminated by Canada Embassy. The complainant asked the o.ps. to refund the total amount paid by him. But after waiting for almost 8 years the prayer of the complainant was rejected. Hence, there was no professional service of any kind related to immigration or settlement overseas. The complainant has made several calls and mails to o.ps. but o.ps. did not response. Subsequently the complainant was offered US$ 700 only against signing a no claim consent agreement which the complainant refused to accept asking justification and explanation for deduction of over 15% fees. The complainant demanded the whole amount but o.ps. did not pay any heed for which the complainant filed this case praying for direction upon the o.ps. for refund of US$ 1400 approximately Rs.86,486.75 and mental agony for Rs.10,000/- and litigation cost of Rs.1000/-.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant has not prayed for refund of Rs.45,000/- paid by the complainant to o.ps. The complainant in his prayer prayed only for refund of US$ 1400 which was paid by the complainant to M/s Global Strategic Business Consultancy, Dubai which is a separate and distinct entity. The immigration arrangement could not be made by o.ps. because of the change of the immigration rules by the Canadian authority which is beyond the control of o.ps. The case of the complainant was duly prepared and filed in the best possible manner with the Canadian High Commission on 21.2.05. But during the process of the providing job to the complainant the Canadian Govt. introduced a new Act viz. Jobs, Growth and Long Term Prosperity Act under which all the applications that were made before 27.2.08 were terminated by the operation of law. Since the application of the complainant was received by the Canadian High Commission on 21.2.05 his case was also terminated by the operation of law. As such, there was no deficiency in service on the part of o.ps. It was further stated that after registration of the name of the complainant the o.ps. provided service to the complainant. The o.ps. had duly been performing their part of the contract right from time to time and the complainant had retained the services and was duly advised and guided about necessary documents for preparing and filing the case. The complainant had entered into another contract with M/s Global Strategic Business Consultancy, Dubai and had paid an amount of US$ 1400 to the said company and the complainant cannot claim refund of US$ 1400 which was paid to M/s GSBC, Dubai. On the basis of the said fact o.ps. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant paid an amount of Rs.45,000/- for registration and also paid US$ 1400?
- Whether the complainant was provided with the visa and other facilities for going to Canada for having a job there?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that o.ps. are in business in immigration industry. The complainant paid Rs.45,000/- towards registration and also paid US$ 1400 approximately Rs.86,486.75 as professional service fee [Gold package for overseas settlement services] to o.ps. for immigration to Canada as a federal skilled worker. In May 2013 the application for immigration was terminated by Canada Embassy. The complainant asked the o.ps. to refund the total amount paid by him. But after waiting for almost 8 years the prayer of the complainant was rejected. Hence, there was no professional service of any kind related to immigration or settlement overseas. The complainant has made several calls and mails to o.ps. but o.ps. did not response. Subsequently the complainant was offered US$ 700 only against signing a no claim consent agreement which the complainant refused to accept asking justification and explanation for deduction of over 15% fees. The complainant demanded the whole amount but o.ps. did not pay any heed for which the complainant filed this case praying for direction upon the o.ps. for refund of US$ 1400 approximately Rs.86,486.75 and other reliefs.
Ld. lawyer for the o.ps. argued that the complainant has not prayed for refund of Rs.45,000/- paid by the complainant to o.ps. The complainant in his prayer prayed only for refund of US$ 1400 which was paid by the complainant to M/s Global Strategic Business Consultancy, Dubai which is a separate and distinct entity. The immigration arrangement could not be made by o.ps. because of the change of the immigration rules by the Canadian authority which is beyond the control of o.ps. The case of the complainant was duly prepared and filed in the best possible manner with the Canadian High Commission on 21.2.05. But during the process of the providing job to the complainant the Canadian Govt. introduced a new Act viz. Jobs, Growth and Long Term Prosperity Act under which all the applications that were made before 27.2.08 were terminated by the operation of law. Since the application of the complainant was received by the Canadian High Commission on 21.2.05 his case was also terminated by the operation of law. As such, there was no deficiency in service on the part of o.ps. It was further stated that after registration of the name of the complainant the o.ps. provided service to the complainant. The o.ps. had duly been performing their part of the contract right from time to time and the complainant had retained the services and was duly advised and guided about necessary documents for preparing and filing the case. The complainant had entered into another contract with M/s Global Strategic Business Consultancy, Dubai and had paid an amount of US$ 1400 to the said company and the complainant cannot claim refund of US$ 1400 which was paid to M/s GSBC, Dubai. On the basis of the said fact o.ps. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that o.ps. through their network invited the prospective job seeker to enroll in their establishment for providing jobs to the applicants to Canada and other countries. The complainant being attracted with the said advertisement applied to o.ps. and as per the terms and conditions of o.ps. the complainant paid initially an amount of Rs.45,000/-. It is also found from the materials on record that the complainant was assured that he would be provided with a permanent employment in Canada and after getting such assurance the complainant somehow managed and paid US$ 1400 approximately Rs.86,486.75. It is also found from the materials on record that the complainant made several attempts to know the fate of his application of seeking job in Canada, but he was not informed anything by o.ps. After the lapse of several years the complainant was informed that due to change of immigration law in Canada the application made by the complainant for seeking job in Canada was rejected. Such act on the part of o.ps. clearly established the fact that they were in collusion with the M/s GSBC, Dubai and o.ps. stated that the said US$ 1400 was transferred to the said establishment. It is the incumbent duty of o.ps. to realize the amount from M/s GSBC, Dubai. The complainant being a job seeker and a helpless person had no authority or access to said M/s GSBC, Dubai since the entire matter was arranged by o.ps. Taking advantage of the complainant’s job seeking desire in Canada o.ps. utilized the said weakness of the complainant and collected the said amount. Now they are saying that entire responsibility lies with M/s GSBC, Dubai. Such plea has been taken by o.ps. for deviating their responsibility of refunding the amount, thereby we hold that there was deficiency in service on the part of o.ps. and the complainant will be entitled to get the relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.464/2015 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund the amount of Rs.86,487/- (Rupees eighty six thousand four hundred eighty seven) only to the complainant along with compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
