Chandigarh

DF-II

CC/636/2017

Sonam Sehgal - Complainant(s)

Versus

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

Gagandeep Goel Adv.

30 Jul 2018

ORDER

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

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Consumer Complaint  No	:	636 of 2017
Date  of  Institution	:	23.08.2017
Date   of   Decision	:	30.07.2018

 

 

 

 

Sonam Sehgal wife of Sh.Sumeet Sehgal, aged 28 years, resident of House No.1634, Pushpac complex, Sector 49-B, Chandigarh.  

 

             ……..Complainant

Versus

 

1]  WWICS Pvt. Ltd., Worldwide Immigration Consultancy Services Pvt. Ltd., through its Authorised Person having its office at SCO No.2415-16, First Floor, Sector 22-C, Chandigarh

 

    2^nd Address:-

    WWICS Pvt. Ltd., Worldwide Immigration Consultancy Services Pvt. Ltd., Corporate Office at A-12, Industrial Area, Phase-6, Mohali, Punjab.

 

2]  Sunny Bhatia, Team Leader, WWICS Pvt. Ltd., Worldwide Immigration Consultancy Services Pvt. Ltd., having its office SCO No.2415-16, First Floor, Sector 22-C, Chandigarh.

 

3]  Manju, Counselor, WWICS Pvt. Ltd., Worldwide Immigration Consultancy Services Pvt. Ltd., having its office SCO No.2415-16, First Floor, Sector 22-C, Chandigarh.

 

 ………. Opposite Parties

 

BEFORE:  SH. RAJAN DEWAN           PRESIDENT

SMT.PRITI MALHOTRA        MEMBER

          SH.RAVINDER SINGH         MEMBER

 

Argued By: Sh.Gangadeep Goel, Adv. for the complainant.

Sh.Amit Kumar, Authorised Agent of Opposite Parties.

 

 

PER RAVINDER SINGH, MEMBER

 

                                As per the case, the complainant, in response to an advertisement, visited the OPs for immigration to Australia  and paid an amount of Rs.1,22,880/- through credit card of her husband in two installments of Rs.1,03,500/- on 10.5.2017 and Rs.19,380/- on 25.5.2017. It is averred that later on the complainant came to know that the payment of Rs.19,380/- dated 25.5.2017 has been carried out in UAE without the consent of the complainant or her husband.  It is also averred that the complainant never signed any document at the time of applying for immigration for Australia, but still she received the copy of an agreement from OP No.1 wherein on every page her signatures were reflecting whereas she did not sign any such document.  It is stated that the complainant was also surprised to see the terms & conditions of the agreement which are absolutely prejudicial to her rights.  It is also stated that after the receipt of said amount of Rs.1,22,880/- the OPs started ignoring the complainant and did not give her any information about the status of his application.  It is submitted that the OPs even not even processed the case file of the complainant and kept on delaying the matter on one pretext or the other. It is also submitted that the complainant did not get any service from the OPs still the OPs retained her hard earned money.  It is pleaded that the OPs also got withdrawal request from the complainant but still did not refunded the amount. It is further submitted that the complainant raised her grievance with the OPs, 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 retained the professional services of the OP Company for grant of Permanent Resident Visa under State Territory Nominated Independent for Australia and accordingly, the complainant had entered into a Contract of Engagement dated 10.5.2017 with OP Company (Ann.R-1) and as per Clause 3 of said Contract, the complainant had paid an amount of Rs.90,000/- towards professional fee which is totally non-refundable and further an amount of Rs.13,500/- was also paid by her towards Service Tax which has been deposited with Govt. Tax Authorities and as such is totally non-refundable.  It is also stated that the complainant also entered into a separate Contract of Engagement dated 10.5.2017 with M/s Global Strategic Business Consultancy, Dubai for availing their professional service and as per the said Contract, the complainant had paid an amount of US $ 300 equivalent to Rs.19,380/- to the said company and the same cannot be refunded by the present OP Company.  It is also stated that the complainant after the Contract, was required to submit complete documents within 30 days, but after the period of 30 days, she only forwarded her Resume to the OP Company on 13.6.2017.  It is submitted that the complainant was asked vide Ann.R-2 to send her updated resume with the job duties, but she failed to submit other documents as were required neither the requisite embassy fee etc. and instead became disinterested and started asking refund.  It is also submitted that the complainant is not entitled to any refund being a case of non-cooperation and voluntarily withdrawal. It is further submitted that the OP Company is still ready and willing to process the immigration case of the complainant provided she submit complete documents.  Pleading no deficiency in service and denying all other allegations, the OPs have prayed for dismissal of the complaint.

 

3]      Parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the parties and have also perused the record.

5]       The complainant has paid the following amounts to the Opposite Party No.1:-

    a)   Professional Fee             Rs.90,000/-

     b)   Service Tax                  Rs.13,500/-

     c)   To M/s Global Strategic      Rs.19,380/-

Business Consultancy, Dubai  

                   Total     Rs.1,22,880/-

 

6]       The complainant, admittedly, at her own free will visited the Office of OPs on 10.5.2017 to engage them for immigration to Australia.  There is no evidence adduced by the complainant to prove any undue influence, coercion or pressure on the part of OPs to engage them for her immigration services.    It is purely a willful and thoughtful personal choice on the part of the complainant and her family to engage the OPs to fulfill her desire for immigration to Australia.  The OPs admitted to have received the said payment from the complainant, but stated that the service tax of Rs.13,500/- has been deposited with the Government and is non-refundable from the government agency.

 

7]       The Opposite Parties have also stated that the payment of Rs.19,380/- paid by the complainant in favour of M/s Global Strategic Business Consultancy at Dubai for purpose of their professional consultancy service is also non-refundable and moreover, the complainant has not impleaded the said company as party in the present case.

 

8]       The complainant has engaged the services of the OPs and entered into contract of engagement on 10.5.2017, but due to reasons best known to her, she has second thought and abandoned her plan to immigrate to Australia and preferred for refund of the amount on 21.7.21017 (Ann.C-5), which she paid to the OPs.

 

9]       On careful examination of complete evidence available on record, it transpires that the complainant herself has abandoned her plan to go to Australia for which she earlier engaged the services of OPs for her immigration case.  There is no willful lapse, default or any kind of deficiency in service on the part of OPs.  However, keeping into consideration, the choice of the complainant not to go to Australia, the OPs should have paid back the amount to the complainant, after deducting service tax, at the most.  The Opposite Parties definitely have no legal right to usurp the whole amount of the complainant because the immigration process was dropped due to change of plan by the complainant.  The amount of Rs.19,380/- paid in favour of M/s Global Strategic Business Consultancy, Dubai, has been actually transferred/paid through WWICS/OP No.1, hence OP No.1 is liable to refund the same to the complainant. 

 

10]      Keeping into consideration the facts & circumstances, as discussed in the preceding paragraphs, and natural justice, this complaint is allowed with directions to OPs to pay back the balance amount of Rs.1,09,380/- (Rs.90,000/-+Rs.19380/-) to the complainant with interest @9% p.a. from 10.5.2017 till payment, along with litigation cost of Rs.5,000/-, within a period of 30 days from the date of receipt of certified copy of this order.

         Certified copy of this order be forwarded to the parties, free of charge. File be consigned to record room.

Announced

30^th July, 2018                                          

                                                                                               

                                                                   (RAJAN DEWAN)

PRESIDENT

 

 

 (PRITI MALHOTRA)

MEMBER

 

 

(RAVINDER SINGH)

MEMBER