Chandigarh

DF-II

CC/193/2017

Mrs. Taranjeet Kaur - Complainant(s)

Versus

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

Kamal Kant Verma Adv.

22 Feb 2018

ORDER

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

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Consumer Complaint  No	:	193 of 2017
Date  of  Institution	:	23.02.2017
Date   of   Decision	:	22.02.2018

 

 

 

 

Mrs.Taranjeet Kaur w/o Sh.Harpret Singh, R/o H.No.5114, Sector 38-West, Chandigarh.    

             …..Complainant

Versus

Worldwide Immigration Consultancy Services Pvt. Ltd., A-12, Industrial Area, Phase-VI, Mohali, through its Director.

                            ….. Opposite Party

 

BEFORE:  SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

 

Argued by: Sh.Kamal Kant Verma, Adv. for complainant

 Sh.Raman Walia, Adv. for Opposite Party

 

 

PER RAVINDER SINGH, MEMBER

 

 

          The facts in issue are that the complainant wanted to settle in Canada and came to know on 12.12.2015 that the Opposite Party is in contact with Canadian Government for engagement of workers in Quebec skilled workers category along with associated company namely “Global Strategic Business Consultancy” and obtaining application forms for sending the same to the associated company.  The complainant accordingly signed the contract of engagement and delivered the same to the Opposite Party (Ann.C-1).  It is averred that while assigning the contract, the complainant also paid fee of Rs.1,37,400/- to Opposite Party through cheque and against receipt (Ann.C-2 to C-4), apart from it, the complainant also handed over 600 US Dollars to the Opposite Party according to the terms and the same was availed by associate company “Global Strategic Business Consultancy” through Opposite Party.  It is also averred that when the complainant inspite of various visits and telephonic calls did not receive any fruitful results, then the complainant on 21.6.2016 sent a detailed complaint to the Opposite Party through email and also sought refund of the amount paid to it.  However, the Opposite Party in response told that only Rs.36,000/- will be paid, whereas their representative stated that Rs.60,000/- only would be refunded.  It is stated that when the complainant did not receive any refund from the Opposite Party despite request, a legal notice was sent on 19.12.2016 to Opposite Party, but to no avail.  It is also stated that the Opposite Party has failed to render any services to the complainant even after receiving hefty amount of Rs.1,37,400/- and 600 US Dollars.  It is further stated that the complainant is doubtful if the Opposite Party ever sent any form to the authorities under Quebec skilled worker category at Canada.  Therefore, the present complaint has been filed alleging deficiency in service and unfair trade practice on the part of Opposite Party.

 

2]       The Opposite Party has filed reply and while admitting the factual matrix of the case, stated that the complainant submitted documents under Quebec Skilled Worker Category by entering into two Contract of Engagement dated 12.12.2015 (Ann.R-1 & R-2) and as per Clause 3 of the Contract of Engagements, the complainant had paid an amount of Rs.1,20,000/- only towards professional fee  on 12.12.2015, which is totally non-refundable as per Contract of Engagements and an amount of Rs.17,400/- was also paid by the complainant towards service tax, which is also non-refundable having been deposited with government authorities.  It is also stated that the complainant has also engaged the professional service of M/s Global Strategic Business Consultancy, Dubai (GSBC) by entering into a separate Contract of Engagement dated 12.12.2015 and paid an amount of US $ 600 equivalent to Rs.39,000/- towards professional fee to the said company which is totally non-refundable. It is submitted that the immigration case of the complainant was prepared and registered with Quebec Authorities, the Program under which the Immigration Application of complainant was to be filed, was opened with new guidelines to submit the cases online and stopped accepting paper Applications, however, due to change in the rules Quebec Authorities could not manage the Online system and their website was crashed and accordingly to rework on the website, the Quebec Authorities postponed the program for first intake in June, 2016 and later on, in the new program, the applications were accepting like draw, wherein the applicant need to log in and being in waiting line to submit his/her case, therefore, due to huge waiting, the cases could not be transmitted in intake.  It is also submitted that the Opposite Party Company approved the refund of an amount of Rs.75,000/- vide Cheque dated 13.6.2017, which was paid to the complainant on 15.6.2017 before this Forum. Pleading no deficiency in service and denying rest of the allegation, the Opposite Party has prayed for dismissal of the complaint.

 

3]       The complainant also filed rejoinder reiterating contentions as raised in the complaint.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and examined the entire evidence & documents on record thoroughly.

 

6]       The complainant has engaged the Opposite Party for consultancy services for immigration to Canada and paid Rs.1,20,000/- as professional fee.  The complainant has also admittedly paid service tax of Rs.17,400/- to the Opposite Party.  The complainant executed the Contract of Engagement with Opposite Party on 12.12.2015 (Ann.C-1).

 

7]       The Clause No.11 of the Contract of Engagement stipulates as under:-

         “Refund:

1. The services provided by the company being professional in nature, the entire fee for the services provided is non-refundable.

b) since visa processing fee is being paid to the processing office, refund of same shall not be claimed from the company.

c) taxes (if any) paid shall not be refundable.

d) in case this programme is closed/capped by the Quebec immigration authorities, the fee paid by the client, will be refunded to the client after deduction of 60% of the total amount payable as per this agreement.

e) once the case has been filed with the Quebec immigration authorities, nothing is refundable, even in case the nomination certificate is not issued by the Quebec immigration authorities.”

 

8]       The Opposite Party accordingly processed the case of the complainant for immigration, but due to several administrative constraints and change of policy by Canada, the matter could not be culminated into success.

 

9]       The Opposite Party during the pendency of this complaint has considered the claim of the complainant and paid her an amount of Rs.75,000/- vide cheque dated 13.6.2017 before this Forum on 15.6.2017. 

 

10]      The Opposite Party has further offered to pay an additional amount of Rs.25,000/- to the complainant, during the hearing of this complaint on 15.2.2018, which in our opinion seems to be quite fair and reasonable.

 

11]      The complainant has admittedly paid 600 US Dollars to M/s Global Strategic Business Consultancy, Dubai (GSBC) by entering into a separate Contract of Engagement dated 12.12.2015 as professional fee, but the complainant has not impleaded the said Company as Opposite Party in the present complaint. 

 

12]      Keeping into consideration the peculiar facts & circumstances of the case, the complaint is allowed with directions to Opposite Party to pay an amount of Rs.25,000/- to the complainant, as offered, along with litigation cost of Rs.10000/-, within a period of 30 days from the date of receipt of certified copy of this order.

          The certified copy of this order be forwarded to the parties, free of cost, and file be consigned to record room.

Announced

22^nd February, 2018                          sd/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER