Haryana

Ambala

CC/60/2023

RITU SINGH. - Complainant(s)

Versus

V & P VISAS PVT.LTD. - Opp.Party(s)

NIKHIL CHOPRA.

01 May 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	60 of 2023
Date of Institution	:	13.02.2023
Date of decision	:	01.05.2024

Ritu Singh aged about 36 years daughter of Late Sh. Manjeet Singh Resident of H.No.382, Rose Garden Colony, Naraingarh Road, Near Barnala, Ambala, Distt. Ambala

          ……. Complainant.

Versus

1. V & P Visas Private Ltd., 1861/A Ground Floor, 30th Cross Road, 5th Block, HBR Layout, Near to Manyata Tech Park, Bangluru-560043; Mob: +91- 9886151465
2. V&P Visas Private Ltd. Head Office #40, 8^th B Main Road, RMV Extension, RMV 2^nd Stage, Bangluru, Karnataka-560094  through its Director Sh Hanumantha Reddy Melikethi: Mob: +91-9886151465

….….  Opposite Parties

Before:        Smt. Neena Sandhu, President.

                    Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

 

Present:       Shri Nikhil Chopra, Advocate, counsel for the complainant.                                                                                                                            OP already ex parte vide order dated 23.11.2023.                       

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To refund the amount of Rs.78,175/-.
2. To pay compensation to the tune of Rs.25 lacs as harassment and agony suffered by the complainant.
3. To pay litigation expenses to the complainant to the tune of Rs.25000/-

OR

Grant any other relief which this Hon’ble Commission may deems fit.

                            

2.           Brief facts of the case are that the complainant is a hardworking independent person and was willing to work abroad and as such met the OPs, who assured the complainant to get her settled at Canada with Federal skilled work visa i.e., Canada PR Visa. Being allured by the false tall promises of the OPs, the complainant decided to take their services for the purpose of sending her to Canada along with getting her handsomely employed there as a Federal Skilled Worker. The OPs are acting as Regulated Canadian Immigration Consultant (RCIC). Under the instructions of the OPs, the complainant transferred a sum of Rs.10,000/- to them on 12.02.2018 from her Account no 20185495616 with SBI, Govt. Polytechnic Ambala City and also deposited a sum of Rs.47,820/- in the account no. 318005500027 in the name of V & P Visas Pvt Ltd with ICICI Bank at Ambala City on 15.02.2018, totaling Rs.57,820/-. After making the payment of Rs.57,820/- by the complainant, the OPs  got signed an agreement on 16.02.2018 from the complainant. Clause 2.1 of the agreement says that "Client further acknowledges and agrees that RCIC is solely responsible for obtaining Client(s) aforementioned visas, and client shall not interfere or revoke this authority." As per instructions of the OPs, the complainant further remitted a sum of Rs.18,855/- on 31.05.2018 by way of UPI on account of WES charges. After that there was outburst of COVID-19 and everything was shut down. When things became normal after COVID-19, the complainant kept on requesting the OPs to process the case further as she had already paid all the consultation charges but they kept on delaying the matter on one pretext or the other. The OPs have caused wrongful loss to the complainant and misappropriated the amount received from her with a mala fide intention and flatly refused either to get the Federal Skilled Worker Visa for the complainant or to repay the amount received in a fraudulent manner. The OPs have committed fraud and cheating with the complainant by misappropriating the amount received from her on the false pretext of sending her to abroad permanently i.e., Canada and further getting her employed there as a skilled worker with a handsome income. The complainant also served a Legal notice dated 25.07.2022 upon the OPs through her counsels calling them to do the needful, but to no avail.  Hence this complaint.
3.           Upon notice, none appeared on behalf of the OPs before this Commission, therefore, they were proceeded against ex-parte vide order dated 23.11.2023.
4.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CW-1 and affidavit of Amrit Singh son of Gurnam Singh, Near Gugga Madhi Village Dalipgarh District Ambala as Annexure CW-2 alongwith documents as Annexure C-1 to C-9 and closed the evidence on behalf of the complainant.
5.           We have heard the learned counsel for the complainant and have also carefully gone through the case file.
6.           Learned counsel for the complainant submitted that by neither taking up the case of the complainant to get her settled at Canada with Federal skilled work visa i.e., Canada PR Visa nor refunding the entire amount received by them, alongwith compensation for spoiling the life of the complainant, the OPs are deficient in providing service and indulged into unfair trade practice.
7.           It may be stated here that we have gone through the terms and conditions of the Immigration Visa Processing Agreement (February 2018, Annexure C-1) wherein it has been stated that the said application was for Application and Consultation Services for Federal Skilled Work Visa (Canada PR Visa). However, vide clause 4 of the said Agreement, it was also agreed between the parties that the client(s) must be accurate and honest in the information provided for the said purpose and any inaccuracies may void the said agreement or seriously affect the outcome of the application or the retention of any status they may obtain. Under sub-clause 3 of Clause 4 it was also clearly agreed between the parties that refusal on medical condition, criminality, false information or fraudulent documents of the applicant or any of the family members included in the application will not be the responsibility of the OPs. Furthermore, it was also agreed to between the parties that 100% of fees paid is refundable if the documents submitted to the embassy is considered as inappropriate filing after getting an ITA.
8.           It is significant to mention here that the complainant herself has placed on record letter dated 16.07.2018, Annexure C-5  having been issued by (WES.ORG/CA) World Education Services Canada, which shows that it has been informed to the complainant that her credential evaluation report (Reference No.3652762/ebr) attached with this letter established that the names on one or more of the academic credentials i.e. on Bachelor of Commerce Degree sent by the Kurukshetra University directly to them, for evaluation, differs from the actual name of the complainant given in her application i.e. instead of Singh Ritu, the name on the said degree is found as Ritu Rani.
9.           In this complaint alongwith the documents attached therewith, the name of the complainant has been mentioned as Ritu Singh. Under above circumstances, we are of the considered opinion that it was on account of wrong information/name of the complainant mentioned in the said Bachelor of Commerce Degree issued by the Kurukshetra University,  that the case of the complainant was not considered by the experts of Credential Evaluation Team. The complainant has failed to convince this Commission as to why she did not get her name corrected in the said Bachelor of Commerce Degree issued by the Kurukshetra University, especially, when she herself has mentioned her name as Ritu Singh in the documents submitted with the OPs.  Under these circumstances, if the case of the complainant was not considered for PR for Canada, because of difference of her name mentioned in Bachelor of Commerce Degree issued by the Kurukshetra University, the OPs cannot be held deficient or negligent.
10.           For the reasons recorded above, this complaint stands dismissed with no order as to costs.  Certified copies of the order be sent to the parties concerned, as per rules.  File be annexed and consigned to the record room.

 Announced:- 01.05.2024

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President