BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.247 of 2015

Date of Instt. 08.06.2015

Date of Decision :28.06.2016

Komal @ Seema aged about 34 years wife of Gulshan Kumar R/o H.No.28, Bhagat Singh Nagar, Model House, Jalandhar.

..........Complainant

Versus

1. The Worldwide Immigration Consultancy Services (WWICS), 21-22, Third Floor, Midland Financial Centre, Near ICICI Bank, GT Road, Jalandhar through its Branch Manager.

2. The Worldwide Immigration Consultancy Services (WWICS), SCO No.2415-2416, Sector-22C, Chandigarh through its MD/Director.
 

.........Opposite parties

Complaint Under Section 12 of the Consumer Protection Act.

Before: S. Bhupinder Singh (President)

Mrs. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.Vikas Sharma Adv., counsel for the complainant.

Sh.GPS Rana Adv., counsel for the OPs.

Order

Bhupinder Singh (President)

1. The complainant has filed the present complaint under section 12 of the Consumer Protection Act against the opposite parties (herein called as OPs) on the averments that complainant approached OP No.1 for immigration and permanent resident/settlement in Nova Scotia, Canada to arrange permanent resident (PR) visa for complainant, her husband and children. The OPs asked the complainant that they would arrange PR visa within a period of 6 to 8 months. Resultantly, the complainant approached OP No.1 alongwith relevant documents/requirements and OP No.1 after assessing the documents submitted by the complainant assured that the complainant is eligible for aforesaid PR visa scheme to Nova Scotia, Canada. The OP No.1 referred the complainant to OP No.2 who had the counseling with the complainant and gave details about the process fee of PR visa of Nova Scotia, Canada. He also supplied the process fee details and told that they would be charged Rs.5,81,337/- for PR of complainant and her family and there shall be no other charges. The OP told the complainant that they would charge initial processing fee of Rs.35,000/- alongwith one undated cheque of Rs.1,67,428/- in their favour and balance payment shall be payable on receiving of the file number from Nova Scotia, Canada and if complainant would not be able to get PR then her entire money shall be refunded to her. Consequently, on 15.3.2014 complainant paid initial amount of Rs.35,000/- by way of transfer of funds in the account of OP through NEFT bearing No.UTIB0000085 of Axis Bank, Mohali and also gave one undated cheque bearing No.399013 for Rs.1,67,428/- to the OP and sent email in this regard to the OP alongwith copy of receipt. The OP got some printed forms signed from complainant. The complainant also paid the said amount of Rs.1,67,400/- in cash vide NEFT transfer because the cheque of the complainant for Rs.1,67,428/- was dishonoured due to some reason. Complainant on the asking of OP deposited amount US $ 2200 (Rs.1,35,326/-) as PNP filing fee in the ICICI Bank account of the OP on 7.4.2014 and also sent email in this regard. The complainant submitted that even after receiving the aforesaid payments, the OP did not process the case of the complainant. Rather, the OP started demanding certain documents from the complainant which have already been supplied by the complainant to the OP in the very beginning of the deal. Later on, OP admitted the receipt of the said documents and assured that they would process her case at the earliest. Thereafter, OP again raised demand of documents of husband of the complainant which were already supplied to the OP. However, the said documents were again supplied by the complainant to the OP by 7.4.2014. The OP went on sending emails ensuring the complainant that their case shall be completed within time. However, complainant received email dated 21.5.2014 from the OP vide which they apologized for not processing the case of the complainant and told the complainant that High Commission has closed the scheme for PR visa to Nova Scotia and further told the complainant that she can opt for some other immigration scheme known as FSW (Federal Skilled Worker) visa scheme and assured the complainant that they can file the case of the complainant and her family under this scheme which is fast track visa scheme and if the complainant is not so interested then she can apply for refund of her fee. The complainant gave consent for FSW visa scheme but again nothing was done by the OP for FSW visa scheme and no case of complainant was processed till September, 2014. Ultimately, vide email dated 22.9.2014, complainant requested the OP to refund her entire money. The OP sent email and consent letter telling the complainant that management of the OP has approved the refund of immigration fee of US $ 2200 (Rs.1,35,326/-) and partial amount Rs.90,000/- only and that shall be paid only after the expiry of 120 days from the date of receipt of consent letter. Complainant also served legal notice dated 21.3.2015 but no response was given by the OPs. On such averments, the complainant has prayed for directing the OPs to refund entire amount of Rs.3,37,326/- alongwith interest. He has also claimed compensation and litigation expenses.

2. Upon notice, OPs appeared through counsel and filed written reply pleading that complainant entered into and signed two contracts of engagement dated 27.3.2014 with the OPs and paid total amount of Rs.1,49,976/- excluding service tax of Rs.18,417.63/- towards contract dated 27.3.2014 and Rs.30,000/- excluding service tax Rs.3708/- towards other contract dated 27.3.2014. The complainant was told about the complete documents to be provided by her for filing her case. Complainant submitted her documents on 7.4.2014 but certain documents were not submitted by the complainant. Resultantly, email dated 7.4.2014 was sent to the complainant to provide the said documents. The complainant again submitted certain documents on 12.4.2014. Still some documents were missing. So another email dated 12.4.2014 was sent to the complainant. Complainant again submitted certain documents on 24.4.2014 but still some documents were not submitted by her. Resultantly, email dated 24.4.2014 was sent to the complainant again, some documents were provided by complainant on 2.5.2014. However, by that time the threshold limit of 150 applications was reached on 28.4.2014 and the programme capped, as a result the case of the complainant could not be filed. As per clause 11(4) of contract dated 27.3.2014 in case the programme is closed/capped by the authorities, the fee paid by the complainant was to be refunded after deduction of 45% of the total amount paid by the complainant. Accordingly, an amount of Rs.90,000/-alongwith amount of US $ 2200 (Rs.1,32,000/-) was paid to the complainant vide cheque No.464071 dated 24.7.2015 total amounting to Rs.2,22,000/- in the Forum. The OP further submitted that out of total amount of Rs.1,49,976/- paid by the complainant, an amount of Rs.18,417.63/- has been paid the services tax which is not refundable as per clause 11(3) of the said contract as the same has gone into government accounts as per receipt dated 9.4.2014. Out of amount of Rs.33,708/-, an amount of Rs.3708/- has been paid as service tax which is also non refundable as per clause 3(e) and 11(3) of the contract between the parties as the same has also gone to the account of the government. The complainant has entered into another contract with M/s Global Strategic Business Consultancy Corporation, UAE dated 27.3.2014 and paid an amount of US $ 2200 which was paid to the said company but the complainant has not arrayed said M/s Global Strategic Business Consultancy, Dubai as OP in this complaint. OPs denied other material averments of the complainant.

3. In support of her complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C39 and closed his evidence.

4. On the other hand, learned counsel for opposite parties has tendered affidavit Ex.OP-A alongwith copies of documents Ex.OP-1 to Ex.OP-14 and closed evidence.

5. We have heard the Ld. counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.

6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant approached OP No.1 for immigration and permanent resident/settlement in Nova Scotia, Canada to arrange permanent resident (PR) visa for complainant, her husband and children. The OPs asked the complainant that they would arrange PR visa within a period of 6 to 8 months. Resultantly, the complainant approached OP No.1 alongwith relevant documents/requirements and OP No.1 after assessing the documents submitted by the complainant assured that the complainant is eligible for aforesaid PR visa scheme to Nova Scotia, Canada. The OP No.1 referred the complainant to OP No.2 who had the counseling with the complainant and gave details about the process fee of PR visa of Nova Scotia, Canada. He also supplied the process fee details and told that they would be charged Rs.5,81,337/- for PR of complainant and her family and there shall be no other charges. The OP told to the complainant that they would charge initial processing fee of Rs.35,000/- alongwith one undated cheque of Rs.1,67,428/- in their favour and balance payment shall be payable on receiving of the file number from Nova Scotia, Canada and if complainant would not be able to get PR then her entire money shall be refunded to her. Consequently, on 15.3.2014 complainant paid initial amount of Rs.35,000/- by way of transfer of funds in the account of OP through NEFT bearing No.UTIB0000085 of Axis Bank, Mohali and also gave one undated cheque bearing No.399013 for Rs.1,67,428/- to the OP and sent email in this regard to the OP alongwith copy of receipt. The OP got some printed forms signed from complainant. The complainant also paid the said amount of Rs.1,67,400/- in cash vide NEFT transfer because the cheque of the complainant for Rs.1,67,428/- was dishonoured due to some reason. Complainant on the asking of OP deposited amount US $ 2200 (Rs.1,35,326/-) as PNP filing fee in the ICICI Bank account of the OP on 7.4.2014 and also sent email in this regard. The complainant submitted that even after receiving the aforesaid payments, the OP did not process the case of the complainant. Rather, the OP started demanding certain documents from the complainant which have already been supplied by the complainant to the OP in the very beginning of the deal. Later on, OP admitted the receipt of the said documents and assured that they would process her case at the earliest. Thereafter, OP again raised demand of documents of husband of the complainant which were already supplied to the OP. However, the said documents were again supplied by the complainant to the OP by 7.4.2014. The OP went on sending emails ensuring the complainant that their case shall be completed within time. However, complainant received email dated 21.5.2014 from the OP vide which they apologized for not processing the case of the complainant and told the complainant that High Commission has closed the scheme for PR visa to Nova Scotia and further told the complainant that she can opt for some other immigration scheme known as FSW (Federal Skilled Worker) visa scheme and assured the complainant that they can file the case of the complainant and her family under this scheme which is fast track visa scheme and if the complainant is not so interested then she can apply for refund of her fee. The complainant gave consent for FSW visa scheme but again nothing was done by the OP for FSW visa scheme and no case of complainant was processed till September, 2014. Ultimately, vide email dated 22.9.2014, complainant requested the OP to refund her entire money. The OP sent email and consent letter telling the complainant that management of the OP has approved the refund of immigration fee of US $ 2200 (Rs.1,35,326/-) and partial amount Rs.90,000/- only and that shall be paid only after the expiry of 120 days from the date of receipt of consent letter. Complainant also served legal notice dated 21.3.2015 but no response was given by the OPs. The learned counsel for the complainant submitted that all this amounts to deficiency in service on the part of the OPs qua the complainant.

7. Whereas the case of the OPs is that complainant entered into and signed two contracts of engagement Ex.OP1 and Ex.OP2 both dated 27.3.2014 with the OPs and paid total amount of Rs.1,49,976/- excluding service tax of Rs.18,417.63/- towards contract dated 27.3.2014 Ex.OP1 and Rs.30,000/- excluding service tax Rs.3708/- towards other contract dated 27.3.2014 Ex.OP2. The complainant was told about the complete documents to be provided by her for filing her case. Complainant submitted her documents on 7.4.2014 but certain documents were not submitted by the complainant. Resultantly, email dated 7.4.2014 Ex.OP3 was sent to the complainant to provide the said documents. The complainant again submitted certain documents on 12.4.2014. Still some documents were missing. So another email dated 12.4.2014 Ex.OP4 was sent to the complainant. Complainant again submitted certain documents on 24.4.2014 but still some documents were not submitted by her. Resultantly, email dated 24.4.2014 Ex.OP5 was sent to the complainant again some documents were provided by complainant on 2.5.2014. However, by that time the threshold limit of 150 applications was reached on 28.4.2014 and the programme capped, as a result the case of the complainant could not be filed. As per clause 11(4) of contract dated 27.3.2014 Ex.OP1 in case the programme is closed/capped by the authorities, the fee paid by the complainant was to be refunded after deduction of 45% of the total amount paid by the complainant. Accordingly, an amount of Rs.90,000/-alongwith amount of US $ 2200 (Rs.1,32,000/-) was paid to the complainant vide cheque No.464071 dated 24.7.2015 total amounting to Rs.2,22,000/- in the Forum, copy of said cheque is Ex.OP6. The OP further submitted that out of total amount of Rs.1,49,976/- paid by the complainant, an amount of Rs.18,417.63/- has been paid the services tax which is not refundable as per clause 11(3) of the said contract as the same has gone into government accounts as per receipt dated 9.4.2014 Ex.OP8 and Ex.OP9. Out of amount of Rs.33,708/-, an amount of Rs.3708/- has been paid as service tax which is also non refundable as per clause 3(e) and 11(3) of the contract between the parties as the same has also gone to the account of the government as per receipt Ex.OP10. The complainant has entered into another contract with M/s Global Strategic Business Consultancy Corporation, UAE dated 27.3.2014 Ex.OP7 and paid an amount of US $ 2200 vide receipt Ex.OP11 which was paid to the said company but the complainant has not arrayed the said M/s Global Strategic Business Consultancy, Dubai as OP in this complaint. Learned counsel for the OPs submitted that under these circumstances, there is no deficiency in service on the part of the OP No.1 qua the complainant.

8. From the entire above discussion, we have come to the conclusion that complainant approached OP No.1 for immigration for permanent resident/settlement in Nova Scotia, Canada, to arrange permanent resident (PR) visa for complainant, her husband and children. OPs assured the complainant that they would arrange PR visa for complainant and her family within a period of 6 to 8 months. OP told the complainant that they would charge initial processing fee of Rs.35,000/- alongwith one undated cheque of Rs.1,67,428/- in favour of OPs and balance payment shall be payable on receiving of the file number from Nova Scotia, Canada. Consequently on 15.3.2014 complainant paid initial amount of Rs.35,000/- by way of transfer of funds in the account of OP through NEFT bearing No.UTIB0000085 of Axis Bank, Mohali and also paid a sum of Rs.1,67,400/- in cash vide NEFT transfer to the OP. Complainant on the asking of OP deposited amount US $ 2200 (Rs.1,35,326/-) as PNP filing fee in the ICICI Bank account of the OP on 7.4.2014. He also sent email in this regard to the OP. The complainant submitted that he handed over the relevant documents to the OP and the completed the process for submitting the case of the complainant and her family to the concerned authorities. But the OP did not process the case of the complainant. Rather, they started demanding certain documents from the complainant which have already been supplied by the complainant to the OP in the very beginning of the deal. As per the record submitted by the complainant Ex.C1, Ex.C2 and Ex.C3 and complainant submitted all the relevant documents to the OP as mentioned in these documents. The OP had full knowledge that Canadian Authorities have invited the applications for limited persons for permanent settlement in Canada i.e. for PR Visa of Nova Scotia, Canada. So, it was the duty of the OP to get cleared the case of the complainant and obtained the relevant documents from the complainant and her family as early as possible but the OP indulged in making the correspondence with the complainant i.e. emails Ex.C9, Ex.C10, Ex.C13 to Ex.C30. Even in their email Ex.C21 dated 18.4.2014, the OP has admitted that they have received all the relevant documents from the complainant and the same have been forwarded to head office. But even thereafter, OP went on asking the complainant to submit new and fresh documents through email Ex.C22 and the complainant has sent details to the OP through email Ex.C23 that these documents have already been sent to the OP. So, all this shows that OP did not handle the case of the complainant for PR Visa of Nova Scotia, Canada for complainant and her family members, earnestly and with full devotion, rather handled the same in routine matter fully knowing that the offer of PR Visa of Nova Scotia, Canada was limited one and for limited period that is why the threshold limit of 150 application was reached on 28.4.2014 and the Canadian Authorities capped the programme w.e.f 28.4.2014. Complainant than requested the OP for the refund of the amount paid by the complainant as the OP failed in even submitting the application of the complainant to the Canadian Authorities for PR Visa in Nova Scotia, Canada. The OP than by admitting their fault requested the complainant through email dated 16.5.2014 Ex.C26 that they could not get PR Visa of Nova Scotia, Canada for the complainant and her family as the Nova Scotia, Canada High Commission has closed/capped the scheme, now the OP could consider the case of the complainant for FSW(Federal Skilled Worker) visa which is fast track visa. Complainant also gave option for this scheme too but the OP even could not arrange immigration/PR Visa to Canada, of the complainant and her family under this FSW Visa Scheme and they ultimately told to the complainant that they are ready to refund the amount of the complainant. The OP than refund the amount of Rs.2,22,000/- to the complainant that is amount of US $ 2200 equivalent to Rs.1,32,000/- and amount of Rs.90,000/- against payment of Rs.2,02,428/- i.e. Rs.35000/- initial payment and Rs.1,67,428/- paid later on by the complainant to the OP. The OP has submitted that these deductions are due to service tax of Rs.18,417.63/- and Rs.3708/- which were paid to the government. But the OP could not produce any document in this regard that they have paid the aforesaid amount of service tax to the government. OP further submitted that as per clause 11(4) of the agreement Ex.OP1, the OP is to refund the amount after deduction of 40% of the total amount. The OP was not justified in deducting this amount because the OP has even failed to submit the application of the complainant to the Canadian Authorities. Rather, they have wasted the time by indulging undue correspondence through email with the complainant for the documents which they could have got the same from the complainant at the time of submission of application i.e. on the first date of hearing with the OP or by calling complainant personally. So, it stands fully proved on record that due to lapse on the part of the OP they could not even submit the application form of the complainant and her family for PR Visa of Nova Scotia, Canada to the concerned authorities i.e. Nova Scotia, Canada, High Commission. So, the OP was not justified in deducting this 40% amount from the total amount paid by the complainant to the OP. Nor the OP could produce any document to prove that they have deposited the service tax to the government accounts. Consequently, we hold that due to deficiency in service on the part OP, the OP even failed to submit the application of the complainant to the concerned authorities for PR Visa of Nova Scotia, Canada for the complainant and her family members. As such, OP is liable to refund the amount to the complainant. The complainant has paid Rs.2,02,428/- to the OP in Indian Currency and amount of US $ 2200 equivalent Rs.1,32,000/- as admitted by the OP in their written version. Therefore, complainant has paid Rs.3,34,428/- to the OP but the OP has returned Rs.2,22,000/- only to the complainant which the complainant has received in this Forum vide cheque No.464071 dated 24.7.2015. OP is liable to refund the remaining balance amount of Rs.1,12,428/- to the complainant.

9. Consequently, we partly allow the complaint with cost and OPs are directed to pay the balance amount of Rs.1,12,428/- to the complainant within one month from the date of receipt of copy of this order, failing with OPs shall be liable to pay interest @ Rs.9/- % per annum on the aforesaid amount, from the date of filing of the complaint till the payment is made to the complainant. OPs are also directed to pay the cost of litigation to the complainant to the tune of Rs.2000/-. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Bhupinder Singh

28.06.2016 Member Member President