| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PATIALA. Consumer Complaint No. 407 of 26.9.2016 Decided on: 22.3.2018 Amanpuneet Kaur, aged 31 years D/oJasmit Singh, R/o House No.228, Prem Nagar, Patiala. …………...Complainant Versus 1. WWICS Ltd., SCO-11, 1st Floor, above Spice office, Leela Bhawan, Patiala, through its Branch Manager. 2. WWICS Ltd., A-12, Industrial Area, Phase-6, Mohali, through its Zonal Manager. …………Opposite Parties Complaint under Section 12 of the Consumer Protection Act, 1986. QUORUM Smt. Neena Sandhu, President Smt. Neelam Gupta, Member ARGUED BY: Sh.Amar Singh,Advocate,counsel for complainant. Sh.S.S.Sidhu,Advocate,counsel for opposite parties. ORDER SMT.NEENA SANDHU, PRESIDENT Complainant Amanpuneet Kaur ,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.) In brief, the case of the complainantis that she alongwith her father visited the office of OP no.1, at Patiala on 1.12.2014, in connection with immigration to Canada under International Skilled Workers Category, SASKATCHEWAN Immigrant Nominee Program(SINP).The OP told that 500 seats of skilled worker category SINP(Canada) were going to be opened on 1.1.2015.Accordingly the complainant offered for the same and submitted the relevant documents as desired by the OPs. The OP no.1 being associated company got the contract No.121032019, made with Global Business Consultancy . OP no.1 got the payment-USD 2200 from the complainant on 31.12.2014, Besides consultancy fee, Rs.1,68,540/- was also deposited with Op no.1 vide cheque No.508648 dated 23.12.2014. It is stated that OP no.1 informed the complainant telephonically on 3.1.2015 that total seats had been capped up within two years, but they could not process her case in time. At this, on 7.1.2015, the complainant requested the OPs for the refund of the fee deposited by her. Again in the month of 3/2015, the OP no.1 informed that 6300 seats of Skilled workers category at Quebec were going to be opened/filled up in the financial year 2015-16 and demanded Rs.1,01,124/- in addition to the amount already deposited by the complainant. At the assurance of Op no.1, the complainant paid an additional amount of Rs.70,000/-+ Rs.31,124=1,01,124/- vide cheques No.768383 and No.508650 dated 21.3.2015. The contract was also made in this regard, between the parties. However, the complainant was apprised that she could not adjusted even this time also as her case could not be processed in time. The complainant requested the OPs for the refundof the amount deposited by her but the OPs did nothing in this regard. On 7.7.2016 an e-mail was sent by Op no.1 to OP no.2 for the refund of the fee deposited by her. But till date no amount was paid to her by the OPs. The complainant also got sent a legal notice dated 19.7.2016 upon the OPs but to no effect. There is thus, deficiency of service on the part of the OPs, which caused mental agony and physical harassment to the complainant. Hence this complaintwith the prayer for giving directions to the OPs to refund the entire amount i.e. Rs.4,19,264/- alongwith interest @12%per annum and also to pay compensation and costs of the complaint. Any other relief, which this Forum may deem fit may also be granted. On being put to notice, OPs appeared through counsel and filed the written version. It is admitted that the complainant entered into contract with OPs on 23.12.2014 under Saskatchewa Immigrant Nominee Program and paid an amount of Rs.1,50,000/-(excluding service tax of an amount of Rs.18540/-) vide receipt dated 23.12.2014. The complainant paid an amount of US $2200 to M/s Global Strategic Business Consultancy(GSBC), Dubai vide receipt dated 6.1.2015 towards the execution of two separate contracts dated 23.12.2014 and 28.3.2015. It is stated that as per clause 2(a) of the contract, the complainant was required to submit her complete case filing documents with the OPs within 30 days from the date of the signing the agreement. However, the said program got capped on 3.1.2015 and complainant did not get sufficient time to submit thedocuments. On request of the complainant for the refund of the amount on 7.1.2015, the OPs approved an amount of Rs.90,000/- & US $ 2200 as refund in accordance with clause 11 of contract dated 23.12.2014.It is admittedthat the complainant again engaged the services of the OPs on 21.3.2015 under Quebec Skilled Worker Category and paid an amount of Rs.90,000/-(excluding service tax of an amount of Rs.11,124/-) vide receipts dated 21.3.2015 and 28.3.2015. The said case was duly registered with Quebec authorities. However, the Quebec Authorities opened the said program in February,2016 with new guidelines to submit all the cases online and stopped accepting paper applications and postponed the program for first intake in June,2016 and second intake in August,2016. However, again due to heavy rush on website of Quebec authorities, waiting cases could not be transmitted in both the intakes.It is stated that a total amount of Rs.2,87,000/- has been approved as refund to the complainant in accordance with the refund clause 11 of the contracts dated 23.12.2014 and 28.3.2015 and the samewill have to be paid to the complainant. There is no deficiency of service on the part of the OPs. After denying all other averments, made in the complaint, it was prayed to dismiss the complaint. In support of the complainant, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwith documents Exs.C1 to C8 and closed the evidence of the complainant. The ld. counsel for the OPs has tendered in evidence Ex.OPA affidavit of Sh.Rajiv Bajaj, authorized representative of WWICS alongwith documents Exs.OP1 to OP11 and closed the evidence of the OPs.
The ld. counsel for the OPs has tendered in evidence Ex.OPA affidavit of Sh.Rajiv Bajaj, authorized representative of WWICS alongwith documents Exs.OP1 to OP11 and closed the evidence of the OPs. - We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
Admittedly, the complainant had hired the services of the OPs for getting permanent immigration to Canada under International Skilled Workers Category, Saskatchewan Immigrant Nominee Program.The ld. counsel for the complainant has argued thatas Saskatchewan Immigrant authorities closed/capped the scheme, under which the complainant applied, therefore,the complainant requested the OPs for the refund of the amount deposited by her.During the pendency of the case, the OPs handed over a cheque No.415040 dated for a sum of Rs.2,87,000/- same has been received under protest.Since the complainant is entitledfor refund of the whole amount deposited by her, therefore, the OPs may be directed to refund the same. On the contrary, the ld. counsel for the OPs has argued that as per the agreement the due amount has already been refunded to the complainant. Therefore,the complaint filed by the complainant is liable to be dismissed. Now the question which arises for consideration is as to whether the complainant is entitled for the refund of the whole amount deposited by her?
Now the question which arises for consideration is as to whether the complainant is entitled for the refund of the whole amount deposited by her? It may be stated here that the parties were bound by the agreement. From the record, it is borne out that the complainant entered into a contract of agreement with the OPs i.e. WWICS and with its associated company i.e. Global Strategic Business Consultancy(hereinafter referred to as GSBC). The clause No.11 i.e. REFUND (4), of the copy of contract of engagement , entered between the complainant and GSBC, Ex.C2/OP8, reads as under: In case this programme is closed/capped Saskatcewan Immigrant Authority, the fee paid by the client, will be refunded in full to the client”. As per the said agreement, the OPs are bound to refund the amountpaid by the complainant to its associated company i.e. GSBC. From the copy of profession fee receipt dated5.1.2015, Ex. OP4,it is evident that the complainant paid US 2200$ to GSBC. From the copy of documentEx.OP5, it is evident thatat the time when the complainant paid 2200 US $ to GSBC, thenthe value of 1 US $ was of Rs.63/-, meaning thereby on 5.1.2015, complainant in total paid Rs.1,38,600/- to theassociated company of the OPs i.e. GSBC. Thus, as per the above referred agreement, the complainant was entitled to get the said amount. We have also perused the copy of contract of engagement, Ex.OP6, entered between the complainant and WWICS i.e. OPs and found that in clause No.11 i.e. REFUND, it is mentioned that, “In case this programme is closed/capped by Saskatcewan Immigrant Authority, the fee paid by the client, will be refunded to the client after deduction of 40% of the total amount payable as per this agreement. From the copies of Retainer Fee Receipts dated 23.12.2014, Ex.OP1, 21.3.2015,Ex.OP2 & 28.3.2015, Ex.OP3, it is evident that the complainant paid Rs.1,68,540/-, Rs.70,000/- &Rs.31,124/-respectively i.e. in total a sum of Rs.2,69,664/- to the OPs. As per this agreement the OPs were bound to refund a sum of Rs.1,61,799/- i.e. 60% of Rs.2,69,664/- In this way, the OPs were liable to pay in total a sum of Rs. Rs.3,00,399/- ( Rs.1,38,600+ Rs.1,61,799/-) as discussed above. On 15.12.2016, the OPs have paid Rs.2,87,000/-to the complainant. As such the OPs have still to refund the balance amount of Rs.13,399/-( 3,00,339-2,87,000). Under Note B of contract of engagement Ex.OP6, it is mentioned that, “the amount to be refunded( if any as per terms of this contract) shall be released after 120 days from the Date Company has received the signed Consent Letter from the client agreeing to the decoded refund amount”. From the copy of letter Ex.C1, it is evident that the complainant requested the OPs for the refund of amount on 7.1.2015.The OPs have paid Rs.2,87,000/- to the complainant on 15.12.2016 i.e. after the expiry of period of 120 days. Therefore, the OPs are liable to pay interest on the amount of Rs.2,87,000/- w.e.f. 7.1.2015( the date of request) to 15.12.2016 (the date of payment).The OPs are also liable to refund the balance amount of Rs.13,399/- alongwith interest for the period from7.1.2015i.e. the date of request till realization. The OPs are further liable to compensate the complainant for causing mental agony and physical harassment alongwith costs of litigation. 7.In view of the aforesaid discussion, we allow the complaint and direct the OPs in the following manner: - To pay interest @7% per annum on the amount of Rs.2,87,000/- for the period from 7.1.2015 ( date of request made by the complainant) to 15.12.2016 ( the date of payment of Rs.2,87,000/-);
- To refund Rs.13,399/- alongwith interest @7% per annum from 7.1.2015 (the date of request) till its realization;
- To pay Rs.7000/- as compensation for causing mental agony and physical harassment to the complainant
- To pay Rs.5000/-as cost of litigation
The OPs are further directed to comply the aforesaid directions within a period of 45 days from the date of the receipt of the certified copy of this 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:22.3.2018 NEENA SANDHU PRESIDENT NEELAM GUPTA MEMBER | |
