Order No.  16  dt.  25/01/2017

          The fact of the case in brief is that the complainant intended to be a permanent resident of Canada for working there after obtaining a suitable job there and he also desired to live in Canada with his wife and a daughter of age  below  19 years.  Complainant  came to know that o.p. nos. 1 and 2  are engaged in providing consultancy services to its customer for consideration dealing with foreign immigration matter especially for Canada. In the year 2002 the complainant contacted with the o.p.no.2 at their Kolkata office and expressed his intention to obtain immigration certificate for Canada to which o.p.no.2 assured that they would secure necessary permission from Canadian Government through its High Commission for the complainant , his wife and daughter. After several meetings and discussions between complainant and the o.p.no.2, the complainant and o.p. nos. 1 and 2  executed an Agreement on 14.07.2002 at o.p.’s  Kolkata office. As per terms and agreement as well as on the verbal instruction of o.p.no.2 the complainant paid Rs.30,000/- on 14.07.2002 through his Credit Card. On 10.08.2002 as per direction of o.p.no.2 complainant also paid $1500 to M/s Global Strategic Business Consultancy Corporation  for further service charge for processing the matter with Canada Government. Complainant had to pay Rs.43,200/- ($1250), Canadian High Commission at New Delhi for obtaining VISA on instruction of o.p.no.2. But the High Commission had refunded the said amount i.e. Rs.43,200/- ($ 1250) on 19.10.2013. O.p.no.2  by their email dated 27.11.2013 through their officer Madhumita Ghosh Moullick informed the complainant that WWICS refund is not applicable because of certain change of Canadian Rules and Regulation and she offered refund of only $ 500. After waiting for long 11 years when o.p.no.2 only  offered  the refund of $500 only complainant disagreed and denied to accept the said sum  and sent a legal notice to o.p.no.2 on 16.12.2013. On 27.11.2013 o.p.no.2 sent an email informing the complainant that his application for obtaining VISA for Canada was terminated like other by operation of law by Canada Government and refund is not applicable for  such sudden change in Canadian Immigration  Rules and Regulations. The o.p.no.1 and 2 approved only  the refund of $500 and a   printed form was sent to the complainant for his signature and return, so that the company can process the refund.

          Complainant  had no direct contact with M/s Global Strategic Business Consultancy but he had to pay $1500 to Global Strategic Business Consultancy Corporation as per direction upon o.p.no. 1 and 2. As per refund clause no.9  at page no.4 of the agreement dated  14.07.2002 o.p. company undertook to provide full refund to its client less service charges of the professional fees paid by the complainant to the company excluding processing fees levied by the processing VISA office and other expenses incurred by the client in the event of the rejection of VISA. The o.ps never said about their professional fees and the remaining portion of clause no.9 of the agreement is not  applicable here since the complainant never said that he was not interested in pursuing his application for  permanent immigration  to Canada and he never withdrew his  application. Thus the complainant is legally entitled to get refund of $1500 along with Rs.30,000/- paid to o.p.no.2 with interest and compensation. Hence the application.

          O.ps appeared before this forum and contesting the case by filing written version. In their w/v o.p denied all material allegation inter alia stated that the present case is a case of changing in immigration rules and as such the present case is liable to be dismissed. In view of Clause 7 of Contract of Engagement dated 14.07.2002, complainant agreed that o.ps 1 and 2 would not be held liable for any delay occurring due to the backlog of the cases or for any other reasons at the VISA post. The case of the complainant was duly prepared and filed in the best possible manner with the Canadian High Commission on 01.03.2004 and the complainant was allotted  a file number  by the   Canadian High Commission vide letter dated 03.08.2004. Thus  o.ps have rendered  all the services to the complainant. However, as a bad luck of the  complainant the  Canadian  Government introduced a new Act namely Jobs, Growth and long term prosperity Act which became a law on 29.06.2012 under which all the applications made before 27.02.2008 were terminated by the operation of law.

          The application of the complainant was received by the Canadian High Commission on 03.08.2004. The case of the complainant  got delayed due to huge backlog of case as well as change in Immigration Rules. Canadian High Commission informed the complainant that 33 months would be taken for initial  screening of his application.  The complainant  is not entitled to any refund in view of Clause 7 of the Contract of Engagement dated 14.07.2002.

          The amount of US $1500 was paid to M/s Global Strategic Business Consultancy, Dubai with whom the complainant  had entered into a separate Contract of Engagement dated 14.07.2002 for availing post landing services. The said amount of 1500$ cannot be claimed by the complainant from o.ps 1 & 2 . the present case is liable to be dismissed since there is no deficiency in service  or unfair trade practice on the part of o.ps 1 and 2 . The VISA processing fee of Rs.72,296.12 has already been refunded by the Canadian High Commission to the complainant on 09.10.2013. Hence the case is liable to be dismissed with cost.

Decision with reasons

          We have gone through the pleadings of the parties and materials on record. Upon scrutiny of the entire material on record, we have observed that the complainant contacted with o.ps for obtaining immigration Visa for Canada. Accordingly complainant paid Rs.30,000/- initially through his Credit Card on 14.07.2002. Thereafter  complainant paid $1500 on 10.08.2002 to M/s Global Strategic Business Consultancy Corporation through o.p.no.2 for service charge towards processing the matter with the Government of Canada. Thereafter complainant paid $1250 to Canadian High Commission at New Delhi for obtaining Visa. Since the application of the complainant was rejected the aforesaid amount of $1250 was refunded by the Canadian  High Commission on 19.10.2013. The complainant prayed for refund of $1500 along with initial payment of Rs.30,000/-.  The plea taken by o.ps that the amount of $1500 cannot be refunded  as the amount was given to M/s Global Strategic Business Consultancy Corporation is not tenable in eye of law since the amount was given as per direction of the o.p.2. The  application was rejected due to change in Canadian Government Law. O.ps took plea in their w/v that the application made before 27.02.2008 were terminated by the Operation of Law but in the instant case the complainant applied much earlier. Why o.ps 1 and 2 took so many years to process the complainant’s application  they could  not give any reasonable reply. $1500 was taken by o.p.no.2  payable to Global Strategic Business Consultancy Corporation for post landing service but in the instant case the complainant never went to Canada  and that reason for no question of post landing service arises at all. O.p. nos. 1 and 2 offered $500 as a good gesture as stated in their offering email correspondences. But on what provision  they wanted to refund $500  but unable to refund $1500 they did not disclose it. Therefore we are in view that o.p.nos.1 and 2 have made deficiency in service and as such complainant is entitled to get relief.

          As a result the complaint petition succeeds.

          Hence, ordered

          That the case no.173/2014 is allowed on contest with cost.

The o.p.nos.1 and 2 are directed to refund  Rs.1,01,955/- ($1500) along with initial payment of Rs.30,000/-. O.ps are also directed to pay to the complainant a sum of Rs.10,000/-( ten thousand) for harassment and mental agony and litigation cost of Rs.2000/-(Two thousand) only.

O.ps are directed to pay the aforesaid amount within 30 days from the date of communication of this order i.d., an interest @ 10% 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.