DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 234 of 9.10.2015
Decided on: 9.3.2017
Dalvir Singh Dhaliwal aged 31 years son of Sukhdev Singh, resident of village-House No.171, Lakmirwala, Tehsil Sunam, District Sangrur.
…………...Complainant
Versus
1. Worldwide Immigration Consultancy Services Ltd., Head Office A-12, Industrial Area, Phase 6, Mohali, Punjab through its M.D.
2. Worldwide Immigration Consultancy Services Ltd.,Leela Bhawan, Patiala, through its Branch Manager, Patiala.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Parampal Singh,Advocate,counsel for complainant.
Sh.S.S.Sidhu,Advocate , counsel for opposite parties.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh. Dalvir Singh has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) praying for the following reliefs:-
- To refund an amount of Rs.7,01,531/-(i.e. Rs.6,04,098/- as principal amount + Rs.97,433/- as interest w.e.f. the respective dates of deposit) till its realization
- To pay Rs.20,000/- as compensation for causing mental torture, and inconvenience
- To pay Rs.20,000/-as cost on account of deficiency in service and unfair trade practice
- To pay Rs.10,000/- as litigation expenses.
- To grant anyother relief which this Forum may deed fit
2. In brief, the case of the complainant is that she hired the services of O.Ps. for getting Permanent Residency in Canada under British Columbia-Provincial Nominee Program(BC-PNP) On 5.10.2014, he visited the office of Op No.2. The O.Ps. made an assessment after checking the documents and assured that they would got sanctioned his application for permanent residency in Canada from the Government of Canada within a period of 12 months. For this purpose they got deposited Rs.30,000/- on 5.10.2014 vide receipt No.1032141320. Leteron he also deposited an amount of Rs.1,72,248/- vide receipt No.1032141331 dated 15.10.2014 with the O.Ps. He completed all the documentary formalities as per the requirement of the O.Ps. The O.Ps. also got deposited an amount of Rs.25,000/- as charges of translation and attestation of documents by Notary Public and for preparation of valuation and Chartered Accountant’s Report. No receipt in this regard was issued by the O.Ps.On 18.11.2014, O.Ps. directed him to deposit immigration fee with Paul Merchants Ltd.SCO 829-830, Sector 22-A, Chandigarh. Accordingly he deposited an amount of Rs.3,76,850/- through cheque No.541178 dated 18.11.2014, as immigration fee with above said Paul Merchants Ltd.. Thereafter on 5.2.2015 , as per the direction of the O.Ps. he again deposited an amount of Rs.1,52,250/-vide cheque No.848847 with Paul Merchants Ltd., which was pretended to be Embassy fee. Paul Merchants got prepared pay order dated 12.2.2015 of 3000$ in favour of Minister of Finance. Later on Paul Merchants Ltd. got cancelled the above said pay order and refunded Rs.1,47,850/- after deducting Rs.4400/- to him on 27.8.2015.At this time, it came to his notice that the O.Ps. have not submitted / filed his application for permanent residency in Canada before the British Columbia-Provincial Nominee Authority of Canada Government. Thereafter he visited the office of O.P. No.2 and enquired about the same. The O.Ps. did not give satisfactory reply. He requested the O.Ps. for the refund of the amount but the O.Ps. on one pretext or the other put off the matter and ultimately on 30.9.2015 flatly refused to refund the amount to him. Thus the O.Ps. have not only committed deficiency in service but also indulged into unfair trade practice.
3. On being put to notice, the O.Ps. appeared and filed the written version. It is admitted that the complainant had deposited Rs.30,000/- and Rs.1,72,248/- totaling Rs.2,02,248/- with the O.Ps.. It is stated that out of the said amount, Rs.22,248/- has been deposited towards service tax and Rs.1,80,000/- towards fee. It is admitted that the complainant had paid an amount of US6000 $ vide receipt dated 18.11.2014 towards the fee of M/s GSBC, Dubai with whom the complainant had entered into a separate contract. It is further admitted that the complainant had paid an amount of US $ 3000 towards the processing fee of his case in favour of Minister of Finance vide draft dated 12.2.2015. It is stated that the complainant became disinterested and did not want to file his case, therefore, the draft of US $ 3000 was returned back to the complainant. It is averred that the complainant hired the services of the O.Ps on 5.10.2014, for British Columbia-Provincial Nominee Program (BC-PNP). After the completion of all the documents by the complainant, his case was filed vide letter dated 13.2.2015. However, the same was received back for want of certain documents vide e-mail dated 16.3.2015. The case was again sent for filing on 25.3.2015 after revised documents were received from the complainant vide e-mail dated 25.3.2015. However, before the case could be filed, the BC-PNP category was put on hold on 31.3.2015 for 90 days. It was intimated that the program will re-open in the month of July after redesigning the nominee program. On 2.7.2015, the redesigned BC-PNP program was opened . The complainant was immediately informed to visit the branch office or the Head Office, for re-filing his case but he became disinterested and sent a refund letter dated 14.8.2015 and also signed a declaration form date4d 17.10.2015 in this regard. As such as per clause 11(i) & clause 12(i) & (ii) & clause 24 of the Contract dated 15.10.2014, executed with the O.Ps. and also executed with M/s Global Strategic Business Consultancy, Dubai, the complainant is not entitled to any refund being a case of disinterest and voluntarily withdrawal. However, without prejudice to the rights of the O.Ps still as a special case and as a goodwill gesture, an amount of Rs.50,000/- out of the amount of Rs.1,80,000/- was paid to the complainant vide cheque No.481447 dated 5.1.2016 and an amount of 3000$ was also refunded to the complainant. The complainant has wrongly calculated the amount of Rs.7,01,531 as well as Rs.97,433/- as interest. He is not entitled for the refund of any amount. There is no deficiency in service on their part and have also not indulged into unfair trade practice. After denouncing all other averments made in the complaint, it was prayed to dismiss the complaint.
4. In order to prove his case, the complainant tendered in evidence,Ex.CA his sworn affidavit alongwith documents Exs.C1 to C6 and his counsel closed the evidence.
On the other hand, the ld. counsel for the O.Ps. tendered in evidence Ex.OPA sworn affidavit of Rajiv Bajaj, Authority representative of the O.P. alongwith photo copies of documents Exs.OP1 to OP15 and closed the evidence.
5. We have heard the ld. counsel for the parties, gone through the written arguments filed by the parties and have also gone through the record of the case, carefully.
6. The ld. counsel for the complainant has submitted that on 5.10.2014, the complainant hired the services of the O.Ps. for getting Permanent Residency in Canada under British Columbia-Provincial Nominee Program(BC-PNP). The officials concerned after checking his documents assured him that he will get Visa for Permanent Resident in Canada within a period of 12 months. On their assurance he paid the requisite amount as and when he was asked by the O.Ps. The Paul Merchants Pvt. Ltd. got prepared a pay order dated 12. 2. 2015 for 3000$ for the said amount in favour of Ministry of Finance. Inspite of that the Ops did not submit his application for Permanent Immigration to Canada to British Columbia Provisional Nominee Authority. The Paul Merchant got canceled the above said pay order and on 27.8.2015 refunded him Rs.1,47.850/- after deducting Rs.4400/- to the complainant. After receipt of the amount of Rs.1,47,850/- he requested the O.Ps. to refund the amount which he has deposited with them, but on 30.9.2015 O.Ps. refused to refund the said amount. However, when the case was fixed for the evidence of the O.Ps, they refunded Rs.50,000/- vide cheque No.481447 dated 5.1.2016 and 3000 CAD$ vide cheque No.084917 dated 27.3.2016. Since the O.Ps. have not submitted his file for permanent immigration to Canada before the British Columbia - Provincial Nominee Authority of Canada Govt. therefore, they are not only liable to pay the remaining amount but also liable to compensate him for causing mental tension and physical harassment to him and also to pay litigation expenses.
7. The Ld. Counsel for the O.Ps. vehemently argued that after receipt of the requisite fee and the documents, the case of the complainant was filed vide letter dated 13.2.2015,Ex.OP1. However, the same was received back for want of certain documents vide e-mail dated 16.3.2015 Ex.OP2. The O.Ps. received the requisite documents from the complainant vide e mail dated 25.3.2015 and his case was again sent on the same day itself. However, before the case could be filed, the BC-PNP category was put on hold on 31.3.2015 for 90 days as is evidence from Ex.OP4. On 2.7.2015, the redesigned BC-PNP program was opened as is evident from Ex.OP5. The complainant was called vide letter dated 3.7.2015 Ex.OP6 for re-filing his case but he showed his unwillingness and requested for the refund of the amount vide his letter dated 14.8.2015,Ex.OP7 and also signed a declaration form dated 17.10.2015 Ex.OP8 to this effect. Since the complainant himself asked the O.Ps. not to file his case before the Immigration Authority, therefore, as per clause 12 of Contract of Engagement, Ex.OP9, arrived at between the parties, which reads as under:
“12. The company will not refund any of the total fees and shall be entitled to full payment- for the services provided if:
- Once the client signs this contract and then he/she does not wish to proceed further for any reason what so ever.
- The client voluntarily withdraws the application for Nomination at any stage
-
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The complainant is not entitled for any refund of the amount.Tthe complaint filed by the complainant is without any merit and is liable to be dismissed.
8. It is admitted fact that the complainant had hired the services of O.Ps for getting visa for permanent immigration to Canada under British Columbia Provincial Nominee Program on 5.10.2014 and he paid all the requisite fee and submitted the required documents by 12.2.2015.On 13.2.2015 the O.Ps. sent his file to Joomratty Law Corp. for sending the case of the complainant with B.C. Authorities, as is evidence from the copy of letter, Ex.OP1.. After scrutinizing the documents submitted by the complainant, some objections were raised vide e-mail dated 16.3.2015 and the complainant to submit some more documents and was also asked to send the scanned copy of the revised form after making necessary corrections . On receipt of the documents from the complainant, the O.Ps. duly sent the same to the office of Joomratty on the same day through e-mail , Ex.OP3for sending the case of the complainant to British Columbia Authority. On 31.3.2015 the Canadian High Commission put on hold BC PNP category program, which is evident from Ex.OP4. Vide letter dated 3.7.2015,Ex.OP6, O.Ps. informed the complainant regarding start of the taking applications by BC PNP and requested him to visit them for further procedure. From the application dated 14.8.2015, Ex.OP7, it is evident that the complainant instead of pursing with his case has requested for the refund of the amount. To this effect he has also signed the declaration form Ex.OP8.From the application dated 14.8.2015,Ex.OP7 and the declaration form dated 17.10.2015,Ex.OP8, it is quite clear that the complainant voluntarily has withdrawn from the scheme. Therefore, as per clause 12 of Contract of Engagement, Ex.OP10, referred above, the complainant is not entitled for the refund of the remaining amount. Consequently, we dismiss the complaint without any order as to costs. Certified copy of this order be sent to the parties free of costs under the rules. Thereafter the file be indexed and consigned to the record room.
ANNOUNCED
DATED:9.3.2017
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
