Chandigarh

DF-II

CC/1119/2019

Mamta Thakur - Complainant(s)

Versus

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

Adv.Rohit Malik & Anup Kumar

10 Oct 2022

ORDER

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

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Consumer Complaint  No	:	1119 of 2019
Date  of  Institution	:	19.11.2019
Date   of   Decision	:	10.10.2022

 

 

 

 

Mamta Thakur w/o Sh.Rajesh Kumar Pathania, R/o H.No.167, Shiva Enclave, Bhabat, Near Water Tank, Zirakpur, Mohali, SAS Nagar, Mohali, (Punjab) PIN 140603

             …..Complainant

Versus

 

1]  World Wide Immigration Services Ltd. (WWICS), 2415-16, Himalaya Marg, Near Hotel Aroma, Sector 22, Chandigarh, through its Senior Counselor Mr.Baljinder Singh.

2]  World Wide Immigration Services Ltd. (WWICS), A-12, Industrial Area, Phase-6, SAS Nagar (Mohali) through its Chief Managing Director.

3]  Global Strategic Business Consultancy c/o WWICS Ltd., A-12, Industrial Area, Phase-6, SAS Nagar Mohali through its Authorised Signatory/Manager Incharge.

4]  World Wide Immigration Services Private Limited (WWICS Pvt. Ltd.), A-31/A, 3^rd Floor, Near Raja Garden Flyover, Above Yamaha Showroom, Ring Road, Rajouri Garden, New Delhi, through its Manager.  

    ….. Opposite Parties 

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING MEMBER

         SH.B.M.SHARMA                     MEMBER 

                                                        

 

 

Argued by :- Sh.Rohit Malik, Adv. for the complainant

              Sh.Roman Walia, Adv. for OPs.

PER B.M.SHARMA, MEMBER

 

         Briefly stated, the complainant being allured by the false promises and assurances of the OPs, hired the services of the OPs for permanent immigration to Canada under Federal Skilled Worker Category (Express Entry Canada) on the basis of 13 years experience in Teaching. Accordingly, complainant, through her husband, paid an amount of Rs.1,71,047.72 to the OPs through Credit Card, cheque against receipts (Ann.C-1 to C-5). Then the OPs made the complainant to enter into a standard Form Contract i.e. Contract of Engagement Federal Skilled worker Category (Express entry-Canada) bearing NO.#W-1300120703, dated  19.12.2017 (Ann.c-6).  It is submitted that the complainant supplied & submitted all necessary & requisite documents with the OPs as demanded from time to time for timely submission of her immigration case to Canada under Federal Skilled Worker Category (Express Entry-Canada), apart from clearing IELTS with 6.5 Bands. The complainant also filed Technical Evaluation form on 20.12.2017 (Ann.C-8).  It is submitted that the OPs did not bother to timely initiate the submission of complainant’s Canada Immigration case, as per the agreement, in minimum possible time.  It is also submitted that after regular follow-ups by the complainant, she was whimsically told by the OPs in December, 2018 that Federal Immigration authorities have changed the rules for applying to immigration of Canada from the year 2018 and the complainant is not more eligible, therefore, her application could not be forwarded further to the concerned authorities. It is pleaded that after going through so much harassment and pain, the complainant ultimately visited OP No.1 on 7.12.2018 and sought refund of her money deposited by her with them (Ann.C-12), but to no avail. Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of OPs.

 

2]       The OPs have filed joint reply and while admitting the factual matrix of the case, stated that the complainant had availed the professional services of OP Company under Federal Skilled worker Category – Express Entry Canada and as such entered into a Contract of Engagement dated 19.12.2017.  It is stated that the complainant had paid an amount of Rs.1,35,000/- only to OP Company, whereas an amount of Rs.24,300/- was paid by complainant towards Service Tax and Rs.12,048/- was paid by her to World Education Services (WES), an Assessing Authority in Canada for getting her Credential Assessment done and the said amount is non-refundable.  It is stated that the application of the complainant was forwarded to World Education Services (WES), designated organization recognized by Citizenship & Immigration, Canada, on 23.2.2018 vide letter Ann.R-2 and the Educational Credential Assessment on behalf of the complainant was duly got done from WES and it was informed to complainant on 11.6.2018 (Ann.R-3), thus the OP Company has duly performed its part of the contract by getting her Educational Credential Assessment done from recognized authority in Canada.  It is submitted that the complainant failed to improve her IELTS Score and submit required documents as demanded by OP Company, whereas the OP Company is always ready & willing to process the Immigration case of the complainant subject to providing complete documents.  It is also submitted that it was the complainant who backed out from her duties to be performed by her as per Contract of Engagement, as such she is not entitled for any refund being a case of non-submission of documents and voluntarily withdrawal. Denying other allegations and pleading no deficiency in service on its part, the OPs have has prayed for dismissal of the complaint.

 

3]       Rejoinder has been filed by the complainant controverting the assertions of the OPs as made in reply.   

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and have gone through entire documents on record including written arguments.

 

6]       The thorough perusal of the documents and evidence on record proves that the OPs have got the assessment of complainant’s educational qualification done from World Education Services (WES), Canada without delay, which is must requirement for processing any immigration case.

 

7]       It is apparent from record that the immigration case of the complainant could not be processed for want of sufficient/required grade/score by the complainant in IELTS (International English Language Testing System).  The complainant herself has admitted vide Ann.C-12 (letter written to OPs) that she is unable to score more than 6.5 in IELTS Test.  We are of the view that as the complainant herself failed to complete the requirements necessary for her immigration case under Skilled Category to Canada i.e. clearing of IELTS Test with sufficient score, therefore, no deficiency in service is made out against the Opposite Parties.

         However, the Opposite Parties have stated in their reply that they are ready and willing to process the immigration case of the complainant subject to her completing formalities & documents.

   

8]       Taking into consideration the above discussion, facts & circumstances of the case, we dispose of the present complaint with direction to the Opposite Parties to process the immigration case of the complainant, subject to her completing all requisite formalities & documents required for her immigration case within a period of One year from the date of this order. No order as to cost & compensation.       

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

Announced                                                     

10^th October, 2022                           

                                                                        Sd/-

(PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

 (B. M. SHARMA)

MEMBER