Chandigarh

DF-I

CC/723/2015

Mrs. Arshleen Grewal - Complainant(s)

Versus

Worldwide Immigration Consultancy Services Ltd. - Opp.Party(s)

R.K. Vashishat

06 Feb 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	723 of 2015
Date  of  Institution	:	26.10.2015
Date   of   Decision	:	6.2.2017

 

 

 

 

 

Mrs. Arshleen Grewal wife of Sh. Amandeep Singh Chhabra r/o H. No. 617, 1^st floor, Saini Vihar Phase II, Baltana, Zirakpur, District Mohali.

 

….Complainant

Vs.

 

1.   World Immigration consultancy services Ltd. A-12, Industrial Area, Phase VI, Mohali through its Managing Director.

 

2.   WWICS SCO No. 2415-16, Sector 22-C, First Floor, Chandigarh through its Office Manager.

 

…… Opposite Parties 

 

BEFORE:  

 

DR. MANJIT SINGH                  PRESIDENT

MRS.SURJEET KAUR             PRESIDING MEMBER

SH. SURESH KUMAR SARDANA     MEMBER

 

 

 

For Complainant	:	Sh. Vivek Mohan, Adv.
For OP	:	Sh. Raman Walia, Adv.

 

 

PER SURESH KUMAR SARDANA, MEMBER

 

 

 

                Snappishly stated, the complainant availed services of OPs by applying permanent resident Visa for Canada through them.  As per complainant, she deposited Rs.84270 plus 800 U.S. dollar in advance as per requirement of the OPs. The OPs after receiving the amount assured that they have already started her process for PR for Canada and they will complete the process of documentation within 15 days and they will intimate the complainant accordingly. Thereafter the complainant enquired about her case from the OPs but she totally shocked to know that her case has still not been processed by the OPs. The complainant again submitted all the documents on 26.11.2014 and again on 7.12.2014 as required by the OPs. Thereafter as per requirement of the OPs the  complainant again deposited $1100 as processing fee of Canadian Embassy through demand draft. On 22.12.2014 the OP No.2 called the complainant for signing the immigration documents and other formalities for sending to Canadian immigration the complainant found number of mistakes in the immigration application prepared by the OP No.2.   It is alleged that ultimately after an ample delay the OPs sent the documents of the complainant on 23.12.2014 owing to which the case of the complainant was rejected by the Canadian embassy vide letter dated 16.3.2015.  The complainant asked the OPs for refund of his amount but to no avail. Alleging that the aforesaid acts amounted to deficiency in service and unfair trade practice on the part of the opposite parties, the complainant has filed the instant complaint.

2.      Notice of the complaint was sent to Opposite  Parties, seeking their version of the case.
3.           The OPs in their joint reply while admitting the factual aspect of the case stated that the complainant has entered into two contract of engagement one with the OPs and other with the M/s GSBC, Dubai which is a separate entity. The OPs have already adhered to the duties as agreed upon by the OP company   as per contract of engagement. It is asserted that the OPs are providing professional services and no assurance with regard to grant of Visa is ever given, it is only as per the prevalent Canadian Immigration Law that the case for permanent residency of the complainant was taken up for filing before the competent immigration (Canadian Visa Post), however, due to heavy rush, there was capping with regard to similar cases of other immigrants filed from different countries and the same was returned back. It is asserted that the complainant is not eligible for refund as per the refund clause mentioned in the contract of engagement. The remaining allegations were denied, being false. Pleading that there is no deficiency in service on their part, a prayer for dismissal of the complaint has been made. 
4.           The complainant has filed a rejoinder, wherein he has reiterated all the averments, contained in the complaint, and repudiated those, contained in the written version of Opposite Parties.

 

 

5.     Parties were permitted to place their respective evidence on record, in support of their contentions.

 

6.     We have heard the learned counsel for the parties and have perused the record carefully.

 

7.     It is evident from record that the complainant was assessed as per information given by her in the assessment form Exhibit R-1. On the basis of said information the complainant was found to be eligible for grant of permanent resident visa to Canada. There is no denying the fact that the complainant did hire the services of the OPs for his immigration to Canada vide agreement R-2 after requisite fee as per agreement. However, the case of the complainant was rejected.  The plea of the OPs are that  the case of the complainant was not accepted due to heavy rush and there was capping with regard to similar cases of other immigrants filed from different countries and  as such the case of the complainant was returned back by the immigration authority. In our opinion the OPs had pursued the case of the complainant properly but the same was returned by the immigration authority of Canada due to the capping mentioned above and his case was returned on this account for which the OPs cannot be held liable.   Thus, we find no deficiency on the part of the OPs.  

 

8.     As far refund of the fee is concerned it is clearly mentioned in Clause 11 of the Agreement that the service provided by the company being professional in nature the entire fee for the services provided is non-refundable. The complainant being signatory of this agreement was duly aware about the said fact. Thus, the complainant is not entitled for any refund.

 

9.     For the reasons recorded above,  we do not find any merit in the complaint and the same deserves to be dismissed. Accordingly the same is dismissed with no order as to costs.

10.     The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

 

Announced

6.2.2017    DR. MANJIT SINGHPRESIDENT

Sd/-

 (SURJEET KAUR)

PRESIDING MEMBER

 

Sd/-

 (SURESH KUMAR SARDANA)

MEMBER