DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 90 of 1.3.2016
Decided on: 24.5.2017
Jaswinder Singh son of Sh.Gurdev Singh, resident of village & P.O.Kapial, Tehsil and District Sangrur.
…………...Complainant
Versus
1. Worldwide Immigration Consultancy Services Ltd., (WWICS Ltd.), SCO-11, Ist Floor, Above Spice Office, Leela Bhawan, Patiala through its Manager.
2. Worldwide Immigration Consultancy Services Ltd., (WWICS Ltd.),Mohali, through its Managing Director.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Manpreet Singh,Advocate,counsel for complainant.
Sh.S.S.Sidhu,Advocate, counsel for Opposite Parties
No.1&2.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh. Jaswinder 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 pay an amount of Rs.2,02,250/- alongwith interest @12% till realization
- To pay Rs.2,00,000/- as compensation on account of harassment & mental torture etc. alongwith any other relief which this Forum may deem fit.
2. In brief, the case of the complainant is that he approached OP no.1 to avail the professional services for getting the immigration to Canada under PNP category/program. After taking the interview and considering his eligibility, OP no.1 agreed and promised that it will sent him to Canada within 1 ½ year and there is no further requirement of any extra qualification or any test like IELTS and asked him to deposit the amount of Rs.2,02,248/- in advance. Accordingly, he deposited Rs.2,02,250/- in the account bearing No.001305001213 of WWICS through ICICI Bank on 1.8.2014 and OP no.1 issued receipt No.1032141236 on 2.8.2014 with file No.C-14-1051116 for Rs.2,02,248/-.After receipt of the amount, the OPs changed from their version having asked him to clear IELTS exam first and also told that it might take 2½ years to get the immigration to Canada, which was not acceptable to the complainant. Accordingly he submitted the application, which was accepted by OP no.1. The OP No.1 also issued one Declaration form which was filled by him on 8.8.2014 for the withdrawal of the immigration case and also for the refund of fee paid by him. It is stated that the OPs never applied his case in the Canadian Embassy nor they deposited the Immigration fee in Embassy till date. He several times approached and requested the OPs for the refund of the fee but every time the OPs put the matter off on one pretext or the other. He also got sent a legal notice dated 13.1.2016 upon the OPs in this regard, but they failed to give any reply to the same. Thus there is deficiency of service on the part of the OPs and he is suffering from mental torture and physical harassment.
3. On notice, OPs appeared and filed the written version. In the preliminary objections, it is stated that with a view to get Nomination letter from the concerned Canadian Provincial Authorities, under Provincial Nominee Program (IPNP), the complainant entered into a contract of engagement with OPs on 25.7.2014 and paid an amount of Rs.1,80,000/-(excluding service tax of Rs.22,248/- non refundable) to the said company as professional fee for the same on 2.8.2014. No assurance with respect to specific duration of file processing or non-requirement of IELTS was given to the complainant. As per clause 10(a)(i) of the Contract of Engagement dated 25.7.2014, it was agreed between the parties that the OPs will not refund any of the total fee in case the complainant, once entered into contract, did not wish to proceed further for any reason, whatsoever. Further clause 10(a)(ii) of the said contract, stated that the OPs will not refund any of the total fee and shall be entitled to full payment if the complainant voluntarily withdraws the immigration case at any stage. It is further stated that as per clause 2(b) of the Contract the complainant was required to submit the complete case filing documents in order to secure a job offer within 30 days from the date of singing the agreement dated 25.7.2014, which the complainant failed to do so and sent the application alongwith declaration form for the refund of the amount and to withdraw the immigration case. It is further stated that according to Clause 9 of the contract, it was agreed between the parties that the services provided by the OPs being professional in nature, the entire fee for the services provided is non-refundable. Thus the complainant is not entitled to any refund but as a goodwill gesture, the OPs were willing to pay Rs.40,000/- vide cheque bearing No.640331 dated 26.4.2016 drawn on ICICI Bank, Mohali. There is no deficiency of service on their part. After denouncing all other averments made in the complaint, it is prayed to dismiss the complaint.
4. In evidence, the ld. counsel for the complainant tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C7 and closed the evidence.
5. The ld. counsel for the OPs tendered in evidence sworn affidavit of Sh.Rajiv Bajaj, authorized representative of OPs, Ex.OPA, alongwith documents Exs.OP1 to OP5 and closed the evidence.
6. We have heard the ld. counsel for the parties, gone through the written arguments filed by the OPs and also gone through the record of the case, carefully.
7. The ld. counsel for the complainant has submitted that the complainant hired the services of the Ops for immigration to Canada under PNB category. After checking all the testimonial documents and other documents, the OP no.1 promised the complainant that it would send him to Canada within 1 ½ year and told him that there was no requirement of extra qualification and he was not supposed to clear the IELTS exams. On the assurance given by OP No.1 , he deposited a sum of Rs.2,02,248/- in the account bearing a/c No.001305001213 on 1.8.2014, in lieu of which WWICS, issued receipt No.1032141236 dated 2.8.2014.The Ops, after receiving the fee amount, instead of comply with their commitment, to get the visa within 1 ½ years without clearing the IELTS exams, asked the complainant to clear the IELTS exams and also told him that he has to wait for 2 ½ to get the visa.. Since the Ops have not yet neither forwarded his case nor deposited the requisite fee with the Canadian embassy, therefore , being not satisfied with the condition imposed by the Ops, lateron, he filed an application and declaration form on 8.8.2014, for the withdrawal of his immigration case and also for the refund of the amount of Rs.2,02,248/- deposited by him with the Ops Embassy.
8. The ld. counsel for the Ops has admitted the factum of availing the services of the Ops by the complainant for getting immigration to Canada. The factum of deposit of Rs.2,02,248/- by the complainant to the Ops is also admitted. The ld. counsel for the Ops submitted that out of the said amount of Rs.2,02,248/- , Rs.22,248/- was paid as tax i.e service tax, Education Cess tax and secondary & higher education cess. As per clause No.9(ii) of the agreement, the tax amount is not refundable. Since the complainant has voluntarily withdrawn his case, after execution of the contract of engagement dated 25.7.2014, therefore, as per clause 9(i) of the said contract, the services provided by the company being professional in nature, the entire fee deposited by the complainant is not refundable. Further in clause no.10 (ii) of the said agreement, it is clearly mentioned that “ The company will not refund any of the total fee and shall be entitled to full payment if the client voluntarily withdraws the case at any stage”. Thus as per the agreement, the complainant is not entitled for any refund but as a goodwill gesture Ops offered him cheque dated 26.4.2016 for an amount of Rs.40,000/- but he refused to accept the same. As such the Ops cannot said to be deficient in rendering the service.
9. Admittedly, complainant hired the services of the Ops on 25.7.2014 and an agreement,Ex.OP1 was executed between the complainant and WWICS. Complainant deposited an amount of Rs.2,02,248/-with it. In lieu of that , the Ops issued a receipt dated 2.8.2014, Ex.C2. Vide letter Ex.C3, complainant made a request for the withdrawal of his case and for refund of the amount paid by him. The said letter was duly received by the Ops on 8.8.2014. Meaning thereby the complainant made the request for the withdrawal of the case and for refund of the amount paid by him within 6 days from the date of deposit and within 14 days from the date of the execution of the agreement. The complainant has also filled the declaration form dated 8.8.2014,Ex.C4, stating therein that, he is no more interested for immigration to Canada, Australia and/ or any other country and hereby apply for the refund of the fee paid to the Worldwide Immigration Consultancy Services Ltd. and their associated companies. It is not the case of the Ops that they have initiated the procedure/proceedings to forward the case of the complainant to the Canadian embassy or had paid the embassy fee or had forwarded the case for getting job offer for the complainant from some organization at Canada. Since nothing has been done by the Ops till the date complainant moved an application for withdrawal of his case and refund of the amount paid by him to the Ops, therefore, we are of the view that the Ops are liable to refund the amount of Rs.2,02,248/- after deducting the tax amount of Rs.22,248/- and Rs.20,000/- on account of miscellaneous charges. They are also liable to compensate the complainant for causing mental agony and physical harassment to the complainant alongwith litigation expenses.
10. In view of the aforesaid discussion, we allow the complaint and direct the Ops in the following manner:
- To pay Rs.1,60,000/- to the complainant alongwith interest @7% per annum from the date of deposit i.e. 2.8.2014, till realization
- To pay Rs.15,000/- as compensation on account of mental agony and physical harassment, which is inclusive of litigation expenses.
The Ops are further directed to comply the order within a period of 45 days from the date of the receipt of the certified copy of the order. Certified copies of this order be sent to the parties free of cost under the Rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:24.5.2017
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
