Chandigarh

StateCommission

A/172/2017

Deepak Jain - Complainant(s)

Versus

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

N S Jagdeva, Adv.

29 Jun 2017

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

U.T., CHANDIGARH

First Appeal No.	:	172 of 2017
Date of Institution	:	27.06.2017
Date of Decision	:	29.06.2017

 

Deepak Jain s/o Sh.Ravinder Jain, R/o H.No.2229, Super Enclave, Sector 49-C, Chandigarh, through his authorized signatory Kamini Jain (Mother).

……Appellant/Complainant

 

V e r s u s

1. Worldwide Immigration Consultancy Services Ltd., South East Asia Operations, A-12, Industrial Area, Phase-6, Mohali 160055, Punjab, through its Managing Director.
2. Worldwide Immigration Consultancy Services Ltd., SCO No.2415-16, Sector 22-C, Near Aroma Hotel, Chandigarh, through its Managing Director.
3. Sukhjeet Kaur c/o Worldwide Immigration Consultancy Services Ltd., SCO No.2415-16, Sector 22-C, Near Aroma Hotel, Chandigarh.
4. Navjot Kaur c/o Worldwide Immigration Consultancy Services Ltd., South East Asia Operations, A-12, Industrial Area, Phase-6, Mohali 160055, Punjab.

…..Respondents/opposite parties.

Appeal under Section 15 of the Consumer Protection Act, 1986.

BEFORE: JUSTICE JASBIR SINGH (RETD.), PRESIDENT.

                MR. DEV RAJ, MEMBER.

 

Argued by:Sh.N.S. Jagdeva, Advocate for the appellant.

 

PER JUSTICE JASBIR SINGH (RETD.), PRESIDENT

                This appeal is directed against an order dated 09.05.2017, rendered by the District Consumer Disputes Redressal Forum-II, U.T., Chandigarh (in short the Forum only) vide which, it dismissed consumer complaint bearing no.808 of 2016, filed by the complainant (now appellant).

2.         Before the Forum, it was case of the appellant that to process his study visa, in some University situated in Canada preferably in Saskatchewan or in Concordia University for master degree programme i.e. Master of Engineering (Electrical and Computer Engineering), he paid an amount of Rs.10,305/- to the respondents, on 16.12.2015. Thereafter, he was again forced to pay an amount of Rs.11,000/- towards coaching classes for IELTS course. The respondents failed to give any positive result. Then he, of his own, took up the matter with the University of Saskatchewan and Concordia University at Montreal, Canada. It was stated that because of continuing inaction on the part of the respondents, he failed to get admission in a good University at Canada. It was his further case that the respondents charged an amount of Rs.22,500/-, from him, in cash, stating that if the said amount is not paid, they will create hurdles, in the process of processing his application with foreign University. By stating as above, consumer complaint was filed before the Forum, seeking refund of amount paid by the appellant, alongwith interest and other relief.
3.         Upon notice, joint reply was filed by the respondents wherein factual matrix of the case were not disputed. It was specifically stated that the appellant approached them on 16.12.2015 for immigration to Canada, under student visa. Accordingly, the contract of engagement was signed on 18.12.2015. Documents/certificates of the appellant were sent to a foreign University to process his case of admission. Admission was granted by a College for Electronics Engineering Technology (Fast Track) Programme. However, the appellant failed to get admission in the said College, as he, of his own, started processing his case, to get admission in some other University. The appellant also got his visa filing process, through some other agent. It was further stated that amount of Rs.11,000/- was paid to the respondents, to attend coaching classes for IELTS course and the appellant had passed that examination with positive result. Receipt of Rs.22,500/-, in cash, was denied.
4.         In the rejoinder filed, the appellant reiterated all the averments contained in the complaint, and repudiated those, contained in written version of the respondents.
5.         The parties led evidence in support of their case.
6.         The Forum on going through the evidence on record and also hearing the parties, vide the order impugned, dismissed the complaint, by observing as under:-

“7] The Opposite Parties admitted to have received only Rs.9000/- as professional fee and Rs.1305/- as Service Tax withRs.45/- Swatch Bharat Cess i.e. Rs.1345/-, which they have deposited into the Govt. Tax Authorities vide Receipt dated 16.12.2015 (Ann.R-2).  The OPs have categorically denied receipt of any other amount from the complainant other than Rs.10,305/- (Rs.9000+1305+45).

 8]       As per Clause 10 of the Contract of Engagement (Ann.R-I) duly singed and executed by the complainant on 18.12.2015, the fee charged by the Company for the services is non-refundable and the taxes (if any) paid to govt. shall not be refundable.

9]      The Contract of Engagement Clause 5 stipulates that Company does not accept cash and all cash payments shall be at the risk of the client and company would not be responsible in any case, if cash payments made by the client to any one including a company employee or staff member, is not credited into company’s account for any reasons whatsoever.

10]      The complainant has failed to produce any receipt or evidence in proof of payment of Rs.22,500/- to the OPs and as such, the allegation levelled by the complainant in the complaint regarding any such payment not stands proved.  The complainant is not entitled for refund as claimed for.

 11]      The complainant has admittedly passed IELTS examination with overall Band Score of 7.0 after coaching from Opposite Parties, which is considered to be a high rank.  The examination fee deposited with British Council by the complainant as well as the coaching fee, if any, paid thereon, if any is justified and the complainant has no right to claim any refund on account of same.

 12]      The amount of $250 CAD confirmation fee of admission, tuition fee CAD 7000, Health Insurance fee of CAD 1099 deposited by the complainant if so far admission in Concordia University at his own, does not lead  to any adverse inference against the OPs.

13]      The OPs have initiated process for admission of the complainant in Centennial College in Canada (Annn.R-3) and arranged the admission but the complainant abandoned the services of OPs and leaving aside the admission in Centennial College arranged by the OPs, applied on his own for admission and rather got the admission in Concordia University, Canada.”

7.         Hence this appeal.
8.         We have heard Counsel for the appellant, at the preliminary stage, and have gone through the evidence and record of the case, very carefully and are of the considered opinion that the view taken by the Forum is perfectly justified. At the time of arguments before us also, Counsel for the appellant has failed to show payment of Rs.22,500/- allegedly paid in cash, to the respondents. It was rightly held by the Forum that some amount was paid to attend coaching classes for IELTS course and that amount cannot be ordered to be returned to the appellant. It was further rightly observed by the Forum that some amount was paid by the appellant, of his own, to get admission in a particular University. Qua that amount, claim was rightly not entertained. No case, whatsoever, has been made out to make interference in the order under challenge.
9.         For the reasons recorded above, this appeal being devoid of merit, is dismissed, at the preliminary stage, with no order as to cost.
10.         Certified copies of this order, be sent to the parties, free of charge.
11.         The file be consigned to Record Room, after completion.

Pronounced.

29.06.2017

Sd/-

[JUSTICE JASBIR SINGH (RETD.)]

PRESIDENT

 

Sd/-

 (DEV RAJ)

MEMBER

 

Rg.