Punjab

Ludhiana

CC/14/580

Surjit Singh - Complainant(s)

Versus

Worldwide Immigration - Opp.Party(s)

Suresh Kumar

28 Jan 2015

ORDER

THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA.

 

CC No: 580 of 25.08.2014

                                                                     Date of Decision: 28.01.2015

 

Surjit Singh s/o Sh.Sudagar Singh R/o H.No.B/45, Hara Colony, VPO-Nandpur, Sahnewal, Ludhiana.

                                                                                      … Complainant

                                      Versus

1. Worldwide Immigration Consultancy Services Ltd. having its Head office at A-12, Phase VI, Industrial Area, Mohali-160055.

2. Worldwide Immigration Consultancy Services Ltd. having its Branch office at Noble Enclave, 2^nd Floor, Opp. Hotel Park Plaza, Bhai Wala Chowk, Ferozepur Road, Ludhiana.

                                                                             … Opposite parties

 

COMPLAINT UNDER SECTION 12 OF THE

CONSUMER PROTECTION ACT, 1986.

 

Quorum:     Sh.R.L.Ahuja, President

                   Sh.Sat Paul Garg, Member

 

Present:       Sh.Saurabh Kumar, Advocate for complainant.

                   Sh.G.S.Sandhar,  Advocate for OPs.

 

                   

                        ORDER

 

(S.P.GARG, MEMBER)

 

1.                The present complaint under section 12 of The Consumer Protection Act (hereinafter in short to be referred as ‘Act’) has been filed by Sh.Surjit Singh s/o Sh.Sudagar Singh R/o H.No.B/45, Hara Colony, VPO-Nandpur, Sahnewal, Ludhiana (hereinafter to be referred as ‘complainant’) against Worldwide Immigration Consultancy Services Ltd. having its Head office at A-12, Phase VI, Industrial Area, Mohali and others hereinafter to be referred as ‘OPs’)-directing them to refund the remaining amount i.e. Rs.73,000/- alongwith the interest amount i.e. Rs.83,430/- total amounting to Rs.1,56,430/- to the complainant and further interest @ 6% p.a., to pay a sum of Rs.5.00 lacs towards the physical strain and mental agony suffered by the complainant, to pay Rs.10,000/- towards cost of this complaint to the complainant.

2.                Brief facts of the complaint are that complainant wants to settle in Canada and obtained the services of the OPs for immigration and permanent residence vide agreement dated 07.09.2005 believing upon their representation regarding high quality of services at reasonable amount before the execution of the agreement. The complainant was offered the Gold Package Scheme, which was accordingly accepted against which, the OPs received Rs.30,000/-, vide receipt no.2071 dated 7.9.05, Rs.30,000/- vide receipt no.05/5444, Rs.20,000/- vide receipt no.310 dated 11.12.05 and Rs.20,000/-, vide receipt no.05/8458 dated 13.12.05 as Professional Fees and retainer Fees according to fee schedule structures in terms of the Canadian Dollars, besides this, the OPs also received an amount of Rs.20,000/- as Embassy Fees and Rs.3000/- as other expenses. The complainant was given file no.32290 by the OPs to receive all the correspondences regarding immigration accordingly. The complainant have performed all the correspondences with regard to the documentation and other requirement, but when the complainant asked the Ops about the progress of the file in the year 2009, they told the complainant that certain changes have been done with regard to the procedures regarding immigration and he will be informed accordingly. In the year 2011, when the complainant again visited the offices of the Ops, they told the complainant that Canadian Govt. has already changed its immigration law and they have filed their cases for and on behalf of their clients. In the year, 2013 the complainant lost all of his hopes to migrate and permanent residence in Canada for which, the complainant moved the application for refund of money of Rs.1,23,000/-. On the repeated requests made by the complainant, vide its letter dated 14.10.13 for the refund of the money that they have only sent Rs.29,555/- by way of chequest to the complainant and has not refunded the remaining amount i.e. Rs.73,000/- to the complainant, despite of repeated requests made by the complainant. Claiming the above act as deficiency in service on the part of the OPs, the complainant has filed this complaint.

3.                On notice of the complaint, OPs appeared through their counsel and filed written statement taking preliminary objections that due to change in Immigration rules and in view of the clause 8 of the Contract of Engagement dated 07.09.05 the Ops cannot be held liable for any delay occurring due to the backlog of the cases or for any other reason; there is no deficiency in service of the Ops, as the case was duly prepared and filed in the best possible manner with the Canadian High Commission on 10.02.06; the Canadian Government introduced a new Act namely Jobs, Growth and Long Term prosperity Act, which became a law on 29.06.12 under which all the application that were made before 27.02.08 were terminated by the operation of law. The activities were duly informed to the complainant on 24.05.13; case of the complainant got delayed due to the huge backlog of the case law and changes in Immigration rules. As such, the complainant is not entitled to any refund in view of the clause 8, 9 and 10 of the Contract of Engagement dated 07.09.05. The complainant had engaged the services of M/s Global Strategic Business Consultancy, Dubai and had paid an amount of Rs.50,000/- to the said company. Since the case of the complainant was effected by the change in Immigration Rules, therefore the complainant requested for refund of Rs.50,000/-. His request was considered by M/s GSBC, Dubari and an amount of Rs.US $ 500 towards the refund out of Rs.50,000/- and accordingly a DD dated 27.03.14 of US $ 500 was sent to the complainant towards the full and final refund of his claim against M/s GSBC, Dubai. Thus, the present dispute pertains to an amount of Rs.50,000/- only which the complainant had paid to the answering OPs as per clause 4 of the Contract of Engagement. This Forum at Ludhiana does not have the jurisdiction to deal with the present complaint, because the complainant has agreed in Clause 16 of the Contract of Engagement that all the difference and disputes arising between the parties shall be referred to the Sole Arbitration of the Arbitrator appointed by the Company. On merits, denying the contents of all other remaining para stated that the payments as detailed in para 2 of the complaint pertains to the fee of the answering Ops and another company namely M/s Globar Strategic Business Consultancy, Dubai to whom the complainant has paid Rs.50,000/- and has also received full and final refund of US $ 500 in terms of the consent letter dated 11.11.13. The complainant has also received an amount of Rs.30640.67/- as Visa Processing Fee refunded by the Canadian High Commission to the complainant, vide draft dated 06.02.14 and prayed for the dismissal of the complaint.

4.                Ld. counsel for complainant has adduced the evidence by way of duly sworn affidavit of complainant Surjit Singh Ex.CA, wherein, the same facts have been reiterated as narrated in the complaint alongwith documents Ex.C1 to Ex.C10. On the other hand, Ld. counsel for the OPs has adduced the evidence by way of duly sworn affidavit of Sh.Rajiv Bajaj, Authorized Representative, M/s Worldwide Immigration Consultancy Services Limited, Head Office at A-12, Industrial Area, Phase-VI, Mohali, Punjab. Ex.RA, wherein, the same facts have been reiterated as narrated in the written statement alongwith documents Ex.R1 to Ex.R10.

5.                Both the counsel put forward their oral arguments. During the course of argument complainant averred that it was due to inordinate delay on the part of the OPs, the case of the complainant stand rejected for immigration and thus OPs are found to be deficient in service. Ld. counsel for complainant has also relied upon the judgements passed in cases titled as Worldwide Immigration Consultancy Services Limited Vs Paramjit Nigah passed by Hon’ble National Commission, New Delhi in Revision Petition no.160 of 2013, WWIC Ltd. Vs Shri Jamshed Faroogui passed by Hon’ble State Commission, Delhi in Appeal no.A-2007/373, M/s Worldwide Immigration Consultancy Services Ltd. Vs Manjit Kaur passed by Hon’ble State Commission, Punjab, Chandigarh in First Appeal no.320 of 2014.

6.                Refuting the allegations leveled by the complainant, Ld. counsel for OPs argued that complainant had already received US $ 500 and had signed the consent letter (Ex.R5) and in the light of clause 8 and 9 of the Contract of Engagement, the complainant is by no means entitled for the refund specifically when the OPs have provided all services.

7.                We have gone through the pleadings of the complainant as well as defence taken by the OPs and have also gone through the record placed on file.

8.                It is evident that the complainant had paid the fee of Rs.30,000/-, vide receipt no.2071 dated 7.9.15, Rs.30,000/-, vide receipt no.05/5444, Rs.20,000/- vide receipt no.310 dated 11.12.2005 and Rs.20,000/-, vide receipt no.05/8458 dated 13.12.2005 and had already signed the consent letter on 11.11.13, whereby he has agree to receive US $ 500, which stand paid to him vide draft dated 06.02.14 and in the consent letter it has was also mentioned that “he hereby declares and certify that the settlement arrived at between the parties is of free will on both the sides and without there being any element of coercion or undue influence. He further declare and state that he shall have no further claim, whatsoever against the Company once the above said payment is received by him and the settlement referred to above shall be towards full and final settlement for all times to come. He shall not file any legal case or raise any claim against the Company for refund/damages ever in future.”

9.                Sequel to the above discussion, the present stands dismissed being devoid of any merit with no order as to costs. Copy of the order be supplied to the parties, free of costs. File be consigned to record room.

 

                   (S.P.Garg)                                         (R.L.Ahuja)

                     Member                                             President

Announced in Open Forum.

Dated:28.01.2015 

Hardeep Singh