DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 41 of 3.2.2016
Decided on: 29.6.2017
Malkiat Singh Mann S/o S.Gurbaksh Singh Mann, R/o Dhuri, Tehsil Dhuri, District Sangrur.
…………...Complainant
Versus
1. The Director, Worldwide Immigration Consultancy Services Ltd., A-12, Industrial Area, Phase-6, Mohali.
2. The Branch Manager, Worldwide Immigration Consultancy Services Ltd.,SCO 11, 1st Floor, Leela Bhawan, Patiala.
…………Opposite Parties
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.Mohit Kansal,Advocate,counsel for complainant.
Sh.S.S.Sidhu,Advocate, counsel for
opposite parties No.1&2.
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh.Malkiat Singh, complainant 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 refund the total amount of Rs.2,40,000/- alongwith interest @18% per annum from the date of deposit i.e. 23.9.2009 till realization.
- To pay Rs.1,00,000/- as compensation for causing mental agony and physical harassment
2. In brief the case of the complainant is that he applied for Federal Canada Investor Program alongwith his family ( wife and two daughters) in the year 2009 through Worldwide Immigration Consultancy Services Ltd., through its branch office at Patiala.The contract with the OPs was signed on 23rd September,2009 and he paid first installment of Rs.40,000/- at Patiala. It is averred that at the time of signing the contract, it was assured by the OPs that “6 to 8 months would be taken for the complete processing of the file”.It was told by the Branch Manager of the OPs that Global Strategic Business Consultancy (GSBC) is their sister concern and the payment in dollars would be made in the name of GSBC. After the payment of first installment, the complainant received a phone call from WWICS, Patiala for the payment of 2nd installment, which he had to pay after getting the file number. On 13.11.2009, he paid Rs.20,000/- and 1600US$, through demand drafts of 800US $ each. On 26 December,2012, he sent an e-mail to the OPs asking for the status of his file and list of documents required for the further process but did not get any response. After few days, he got another phone call from the office of OPs for the payment of Law Suit. Thereafter, he visited the office of WWICS, Patiala to verify the matter in detail. It was told to him that the Govt.of Canada is going to close the said category in near future and as anticipation; Law suit is the only shield for which he had paid 1000US $ on 8 February,2013. When no response regarding the status of his file and law suit was received from the Ops then on 20 June,2014, he sent another e-mail to the Head Office,WWICS at Mohali to know about processing of his case, but to no effect. The act and conduct of the OPs amounted to deficiency of service on their part, which caused mental agony and physical harassment to the complainant. Hence this complaint.
3. On being put to notice, the OPs appeared and filed the written version taking preliminary objections that the complaint is liable to be dismissed as the present case is a case of change in immigration rules by the Canadian Authorities, which were changed after the filing of the case of the complainant before the Canadian High Commission and are beyond the control of the OPs; that the complaint is bad on account of non-joinder of necessary parties i.e. M/s Global Strategic Business Consultancy Corporation, Dubai with whom the complainant had entered into another contract on 19.9.2009 and had paid an amount of Us $1600 and that the visa processing fee of Rs.56,300.27 received from the Canadian High Commission had been refunded to the complainant vide demand draft No.069387 dated 20.11.2014. On merits ,it is admitted that the complainant had paid an amount of Rs.60,000/- and US $ 1600 as per the contracts executed between the complainant and the OPs. It is also admitted that the complainant had paid an amount of Us $ 1000 for the law suit after receipt of the termination letter conveyed vide e-mail dated 24.6.2014. It is stated that the case of the complainant was duly prepared and filed in the best possible manner with the Canadian High Commission on 26.10.2009 and the complainant was allotted a file number vide letter dated 26.10.2009, in respect to the permanent immigration case of the complainant under Federal Business Category(Investor Program),Canada. However, the Canadian Government introduced a new Act namely The Economic Action Plan,2014 No.1, which became law on 19.6.2014, under which Immigrant Investor Program(IIP) and Entrepreneur Program(EN) applications were terminated by the operation of law. There is no deficiency of service on the part of the OPs. After denying all other averments made in the complaint, it is prayed to dismiss the complaint.
4. On being called to do so, the complainant has tendered in evidence his affidavit, Ex.CA alongwith documents Exs.C1 to C18 and closed the evidence.
The ld. counsel for the OPs has tendered in evidence affidavit of Sh.Rajiv Bajaj, Authorized representative of OPs alongwith documents Exs.OP1 to OP11 and closed the evidence.
5. We have heard the ld. counsel for the parties, gone through the written arguments filed by the ld. counsel for the parties and have also gone through the record of the case, carefully.
6. The ld. counsel for the complainant has submitted that the complainant applied under Federal Business Category(Investor Program), Canada for immigration to Canada for himself and his family through Ops and agreement to that effect was executed on 23 Sep. 2009 and paid the first installment of Rs.40,000/-.The Ops at the time of signing the contract told him that it would take 6-8 months of time to complete process. He, on the asking of the WWICS had made the payment in dollars to its sister concern i.e. Global Strategic Business consultancy i.e. GSBC. On 26.12.2012, he e-mailed the employee of the OP to enquire about the status of his file but did not receive any response. He visited the office of WWIC at Patiala to verify the matter. It was told to him that the Govt. of Canada is going to close the said category in near future and as anticipation law suit is only the shield. He, on 8.2.2013, paid 1000US$ to the OPs for the law suit. He enquired the matter telephonically for a number of times but no response was given by the OPs which shows that the sole intention of WWICS was to grab the money and not to provide the services.
7. The ld. counsel for the OPs vehemently argued that the OPs filed the case of the complainant before Canadian High Commission on 26.10.2009 and the complainant was allotted a file number vide letter dated 26.10.2009.The Ops have rendered all the services to the complainant by sending his file for immigration to Canada with the Canadian High Commission. The Canadian Govt. introduced a new Act i.e.The Economic Action Plan 2014 No.1, which became law on 19.6.2014, under which Immigrant Investor Programe (IIP) and Entrepreneur Programe applications were terminated by operation of law. Complainant was accordingly informed. Since the OPs by submitting the case of the complainant with Canadian High Commission had already performed their duty as per contract dated 19.9.2009, therefore, as per clause No.11 of the said contract , they are not liable to refund any amount to the complainant. Clause No.11 of the contract reads as under:
“ 11. The company will not refund any of the total fees and shall be entitled to full payment if:
……….
………
“If it becomes impossible to meet the objective of the agreement due to reasons like client having medical problems, having/civil charges, national security reasons of the destined country, changes in Immigration rules ad/or any other reasons.”
8. Admittedly complainant hired the services of the Ops to get the immigration visa under Federal Business Category( Investor Programe), Canada and contract of engagement was executed between the complainant and the Ops on 19.9.2009, vide Ex.C3. From the letter,Ex.OP1, written by the Govt. of Canada to the complainant received by the WWIC on 26 Oct.2009, it is evident that the Govt. of Canada received the application of the complainant for permanent residence in Canada and had created a file having file No.B055823563[FRQ]. In the said letter, it is categorically stated that “ you will hear from us regarding the results of the evaluation of your application in 12 months. Please do not contact us before 12 months have passed since you received this letter”. From the said document, it is evident that the Ops have duly submitted the case of the complainant for permanent immigration to Canada with the Canadian High Commission. In the letter,Ex.OP2 issued by the office of Citizen ship and Immigration Canada, it is stated that the Economic Action Plan 2014 No.1, became law on 19.9.2014. Under this legislature, Immigrant Investor Programe (IIP) and Entrepreneur Programe applications were terminated by operation of law. Since the visa application of the complainant was rejected by the Canadian High Commission on account of change in law and the Ops have already paid Rs.56300.27 i.e. the visa processing fee on 20.11.2014, received from the Canadian High Commission, to the complainant and as such the Ops cannot be blamed for any deficiency of service and as per clause No.11 of the contract, referred above, the Ops are not liable to refund the amount received as professional fee. Even as per clause No. 9(a) of the contract,Ex.OP6, executed on 19 Septemner,2009, between the complainant and Global Strategic Business Consultancy, the complainant is not entitled for the refund of the amount paid to the GSBC. From the proceedings queries, Ex.OP8, it is evident that a law suit was duly filed in the name of the complainant on 8.5.2013. Therefore, the complainant is not entitled for the refund of the amount paid by him on account of filing of law suit.
9. In view of the aforesaid discussion, we do not find any merit in the complaint. Consequently, we dismiss the same without any order as to cost. Certified copies of the order be sent to the parties free of cost under the Rules. Thereafter file be indexed and consigned to the Record Room.
ANNOUNCED
DATED:29.6.2017
NEENA SANDHU
PRESIDENT
NEELAM GUPTA
MEMBER
