Order-16.

Date-31/05/2016.

This is an application u/s.12 of the C.P. Act, 1986.

Complainant by filing this case stated that complainant went through an advertisement published in the Telegraph that O.P. i.e. Worldwide Immigration Consultancy Services Ltd. desired to recruit some skilled Workforce for working in Canada. O.P. before entering an Agreement demanded from complainant Rs.84,270/- (Rs.75,000/- + Service Tax 12.36 percent).

          Complainant’s uncle i.e. complainant No.-2paid the amount through cheque and O.P. issued a receipt. Complainant was told that he would have to appear at International English Language Testing System (IELTS) and he had to score 6.5 Band and O.P. insisted on making outstanding payment. Complainant No.-2 again issued two cheques worth of Rs.90,000/- (Rs.77,000/- + Rs.13,000/-) on 25/09/2014 and 27/04/2014. In total Rs.1,74,270/- was paid to WWICS Ltd. Kolkata. The test was held on 22/11/2014 and complainant scored 5 Band. He was told by the WWICS Authority that he was not selected. Complainants state that the O.P. adopted unfair trade practice by alluring the unemployed youth. As complainant could not reach the O.Ps. he sent a letter through speed post but the acknowledgement  card was not stamped but signed. Complainant stated that the O.P. has opened the agency to defraud the unemployed youth. After several correspondences complainant failed to get his money back. Hence this case has been lodged.

          O.P. in his Written Version stated that complainant failed to score the required mark i.e. 6.5 Band instead he scored 5 Band. Complainant paid Rs.75,000/-. Rs.9270/- was Service Tax which is non-refundable. But complainant is not entitled to get any amount back because his paper was sent for educational credential assessment in Canada, the fees for assessment is US $ 203.40. O.P. is guiding complainant from the very first day.

          O.P. has also signed another agreement with other company viz. Global Strategic Business Consultancy Corporation, Dubai but he was not made party. He also paid an amount of $ 1200 to that company. O.P. paid $ 1200 for GSBC, Dubai. The cheque given by complainant in favour of ICICI Forex which was converted to US Dollar. So O.P. is not liable to refund the amount except $ 300 paid to GSBC, but complainant requested to get it back. So the complaint is liable to be dismissed.

Decision with reasons

          On an in depth study of complaint and W.V. and also considering the argument as advanced by the Ld. Lawyers of both the parties including the contract of engagement issued by the O.P. dated 12/09/2014 it is clear that O.P. assured the complainant for his engagement as Skilled Worker Category in Canada. But contract or agreement was executed in between complainant and O.P. and admitted position is that everything shall be done by the O.P. for engagement of complainant. Then it is clear that O.P. took entire money and made all such engagement for Skilled Worker Category in Canada, but nowhere in the agreement it is noted that the contract was made in between Canadian company and complainant and the contract of engagement is in between complainant and O.P. which evident from agreement dated 12/09/2014. So as per agreement all liabilities are on O.P. for providing job in Canada.

          Practically as per clause O.P. failed to provide complainant for any service in Canada and at the same time O.P. did not arrange for any job either in Canada or in India, but received a total sum of Rs.2,35,182/- and in respect of payment of Rs.84,270/- there is receipt issued by O.P. Rs.77,000/- was paid by complainant as per direction of the O.P. to ICICI Bank Ltd. Forex Services and in the said cheques which were issued in the name of ICICI Bank Ltd. Forex Services, seal of O.P. is there. So it is clear that everything was done as per direction of O.P. and complainant paid the amount.

          Now O.P. has tried to convince by placing a judgement by RP/33/2010 that O.P. is not liable to pay the amount. But their liability is in respect of the amount Rs.84,270/- and in fact in the present case no part of amount was paid to any Canadian company but actually in the name of Forex Services it was paid as per direction of the O.P. considering the judgement of National Commission we see that money has deposited to Canadian company but in the present case no money was given to Canadian company but it is between the present parties.

          Considering the conduct of O.P. it is clear that this company is alluring the unemployed fellow / youth giving assurance of job outside India and in such a manner they are deceiving the youthful unemployed persons at large and are compelling such fellows to sign in such agreement which are no doubt with clauses which are unilateral in nature and in view of the fact we are convinced to hold that the judgments as referred are not applicable in this case.

          But after overall evaluation of the material it is clear that all over India this company is running a deceitful manner of trade by adopting unfair trade practice and deceiving youthful boys by grabbing huge money and practically it is not looked into by any corner but truth is that all over India huge number of unemployed boys are deceived by the O.P. but no effective step has been taken either by Government or by any Quasi-Judicial or Judicial Authorities for which taking such false pleas O.P. has appeared before Forum to dislodge the complaint but the entire act of the O.P. is no doubt unfair trade practice  and deceitful manner of trade and truth is that there is contract in between complainant and company when O.P. has failed to provide any service to complainant then invariably no service is rendered to the complainant by the O.P. for which complainant is entitled to get back the full amount, when the O.P. is not a institute to provide any professional course.

          In the light of the above situation complaint succeeds.

Hence,

Ordered

That the complaint be and same is allowed on contest against O.P. with a cost of Rs.10,000/-.

O.P. is hereby directed to pay the entire amount of Rs.2,35,182/- and also interest  at the rate of 8 percent p.a. over the same w.e.f. 08/09/2014 till its full payment to the complainant.

For adopting unfair trade practice and deceitful manner of trade O.P. shall have to pay Rs.25,000/- as penal damages to the complainant.

          Entire decreetal amount shall be paid by the OP within one month from the date of this order failing which for non-compliance of the Forum’s order and also for harassing the complainant for further period OP shall have to pay penal damages  at the rate ofRs.100/- per day till full satisfaction of the decree and if it is collected it shall be deposited to this Forum.

Even if it is found that OP is reluctant to comply the order in that case penal action u/s.25 read with Section 27 of the C.P. Act, 1986 shall be started against them for which further penalty and fine shall be imposed.