Chandigarh

DF-II

CC/667/2020

Ms. Priyanka - Complainant(s)

Versus

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

In Person

04 Aug 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	667/2020
Date of Institution	:	04.12.2020
Date of Decision	:	04.08.2021

 

                                       

                       

 

Ms.Priyanka d/o Sh.Dalip Chand, H.No.709-B, Sector 36-B, Chandigarh -160036.

                                ...  Complainant.

Versus

World Wide Immigration Consultancy Services Ltd. (WWICS) through its Managing Director, SCO 2415-16, Sector 22-C, Chandigarh.

…. Opposite Party.

 

BEFORE:
		SHRI RAJAN DEWAN,	PRESIDENT
		SMT.PRITI MALHOTRA,	MEMBER
		SHRI B.M.SHARMA	MEMBER
Argued by:-
	Complainant in person.
	Sh.Amit Kumar, Authorized Agent of OPs.

 

      

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the facts of case as alleged by the complainant are that she is a graduate (BBA) from H.P. University and done her Masters in Post Graduate Program in Management (PGPM) (Marketing & HR) from IBS Pune, ICFAI University in March, 2017. Being allured by the representations/assurances of the OP, she entered into a contract for her Permanent Immigration Case under ‘Federal Skilled Worker’ category for Canada. The OP assured to provide the premium services for immigration in Canada.   The complainant paid the entire amount i.e. Rs.1,23,900/- (Rs.40,000/- through the credit card of her father –Dalip Chand as initial fee at the time of execution of the contract of engagement and remaining Rs.83,900/- through cheque dated 26.09.2018 drawn on PNB from her mother account.  She also provided the resume along with the requisite documents/proofs to the OP for preparing the case. The OP was to assess the case on merits and assist in preparation of the case. They also assured the complainant that her case is fit for application for immigration to Canada.  On enquiry about status of the case, she was told that the same was under process and was to be decided very soon. It has been alleged that her application has not been processed as promised despite her repeated requests. Finally, she got served a legal demand notice dated 09.11.2020 requiring the OP to refund the deposited with interest but to no effect. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.   
2.         In its written statement, the OP while admitting the factual matrix of the case has pleaded that the parties are bound by the Clauses of the Contract of Engagement dated 23.09.2018 (Annexure R-1) and as per the said Contract, the complainant paid Rs.1,05,000/- towards retainer fee which is totally non-refundable as per refund clause and Rs.18,900/- were towards service tax which also stated to be non-refundable having deposited with the Govt. Tax Authorities. It has further been pleaded that the OP started processing the case for immigration and requested the complainant to provide complete documents for getting the Education Credential Assessment (ECA) done from the recognized Assessing Authority in Canada and to process the immigration case with the Canadian High Commission to arrange Permanent Resident Visa. However, she did not submit her complete documents along with the IELTS result despite sending reminder (Annexure R-2).   It has further been stated that the OP performed their part of the contract by devoting the time to get the documents prepared and even they are still ready and willing to lodge her immigration application under Express Entry Program provided she submitted the updated documents and IELTS result. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on their part, a prayer for dismissal of the complaint has been made.
3.         The complainant filed rejoinder to the written reply of the OP controverting its stand and reiterating the averments as made in the complaint.
4.         We have heard the complainant in person and Sh.Amit Kumar, Authorized agent of the OPS and have gone through the documents on record.
5.         Admittedly, the complainant who is a graduate (BBA) from H.P. University and Masters in Post Graduate Program in Management (PGPM) (Marketing & HR) from IBS Pune, ICFAI University availed the services of the OP for her Permanent Immigration Case under ‘Federal Skilled Worker’ category for Canada and to arrange Permanent Resident Visa in Canada by paying a sum of Rs.1,23,900/-.  It has been contended that the OP failed to provide the promised services despite her repeated requests/visits. 
6.         On the contrary, the stand of the OP is that the complainant has failed to provide her complete documents along with the IELTS result despite sending reminder dated 02.11.2019 (Annexure R-2).
7.         After going through the rival submissions of the parties and documentary evidence on record, we are not inclined to accept this submission of the OP because the complainant had availed the services of the OP in the month of September, 2018 whereas they have sent an email to her on 02.11.2019 i.e. after more than one year.  Moreover, it is not clear as to what steps were being taken by the OP, during this period to monitor the case of the complainant from time to time, or to advise her, regarding the progress of the case. Otherwise also, there is no reason with the complainant not to provide the documents for processing her case because for this purpose she had already paid the hefty amount of Rs.1,23,900/- to the OP. In addition to this, she has also paid ECA fees in CAD$227 on receipt of e-mail dated 28.01.2019 (Annexure C-2) on 11.02.2019.  It, thus, appears that the OP had taken this plea just to escape its responsibility towards the complainant. 
8.         Evidently, the OP retained the file of the complainant for a long time and did not make any effort to process the same as promised after receipt of the hefty amount from her. Thus, the OP who itself failed to provide the promised services to the complainant cannot be allowed to take the shelter of terms and conditions of the Contract of Engagement dated 23.09.2018 (Annexure R-1). By not providing the promised services to the complainant, the OP has not only committed deficiency in service but also indulged into unfair trade practice.
9.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The OP are directed as under ;-

1. To refund Rs.1,23,900/- to the complainant along with interest @ 9 p.a. from the date of its deposit till its realization.
2. To pay Rs.15,000/- as compensation towards mental agony and physical harassment to the complainant.
3. To pay Rs.7,500/- as litigation expenses.

                This order be complied with by the OP, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(ii) shall carry interest @9% per annum from the date of this order till actual payment besides compliance of other directions.

10.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

 

Announced 04/08/2021	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER