Immigration firm told to refund Rs1.8 lakh, $5,200

Our Correspondent

Hoshiarpur, April 1

The District Consumer Forum has directed Worldwide Immigration Consultancy Services Pvt Ltd, Mohali, to refund Rs 1,80,000 to the complainant with interest @ nine per cent per annum from the date of filing of the complaint till realisation.

The forum has also directed to refund 5,200 US dollar to the complainant with interest thereon @ nine per cent, per annum from the date of filing of the complaint till realisation of the same.

The matter was related to non- arranging the visa to the complainant Karandeep Singh son of Bir Singh, both residents of VPO Sahri, Hoshiarpur, by the company.

The forum, headed by president Karnail Singh and member Shri Raj Singh, held that the company, with whom the complainant had deposited the amount, was liable to refund the same after deduction as per the agreement.

As there was no deficiency of the service on the part of the opposite party, the complainant was not entitled for any compensation, litigation expenses or any other charges.

The complainant had filed the complaint that seeing the opposite party’s advertisement in newspapers regarding permanent immigration to Canada, he had approached them. It was alleged that he was assured to arrange permanent immigration visa to Canada within six to 12 months.

He had paid Rs 2,07,000 as retainer fee to process the case on November 29, 2016, and had assured to the complainant that it would arrange job offer within a month and the complainant had to deposit US $ 6,500 (Rs 3,59,800) for work permit and accordingly, the said amount had also been deposited.

They assured to the complainant to arrange the work permit within four to six months and that the complainant had to deposit further 7,500 US $.

It was alleged by the complainant that the opposite party neither arranged any work permit nor further processed the case of the complainant for the permanent immigration to Canada nor refunded the amount already received, so they were engaged in the unfair trade practice and had failed to arrange the visa for the complainant.

The complainant had requested the forum that the opposite party be directed to refund the amount and to pay compensation of Rs 1,00,000 for causing mental tension and harassment and to pay litigation expenses of Rs 30,000 and Rs 25,000 of the expenses incurred by the complainant for IELTS test be also ordered to refund.

The opposite company contested the complaint by taking preliminary objections that the present complaint was premature, as the normal time period to obtain the job offer/nomination certificate may take up to 24 months and an Employment And Social Development Canada (ESDC) approved Labour Market Impact Assessment (LMIA) may take up to 10 months. However, the complainant without waiting for the said period, had filed the present complaint.

The complainant had also signed an undertaking that he would neither ask for premature closure of his case nor the refund of the fee. So the complainant was not entitled to any refund before the expiry of stipulated period.

They also argued that they had prepared the case of the complainant in the best possible manner and uploaded the documents of the complainant to ‘Job Bank Canada’ on May 20, 2017 for arranging the job offer and duly informed the complainant vide email. The opposite party vide email dated September 23, 2017 asked the complainant to provide the updated resume, to which the complainant never reverted back.

Since the complainant did not provide the updated resume, the employer did not pick up the resume of the complainant and the complainant had not received the job offer.

The complainant himself failed to provide his updated resume in time, thus the complaint was liable to be dismissed.

Deciding the complaint, accordingly to the facts, the forum held that the opposite party, with whom the complainant had deposited the amount was liable to refund the same after deduction therefrom as per the agreement and being no deficiency of service on the part of the opposite party, the complainant was not entitled for any compensation, litigation expenses or any other charge.

Hence the forum partly accepted the complaint of the complainant and the opposite party was directed to refund the amount to the tune of Rs 1,80,000 to the complainant with interest @ nine per cent per annum from the date of filing of the complaint till realisation and further the opposite party was also directed to refund the amount of 5,200 US $ to the complainant with interest thereon @ nine per cent per annum from the date of filing of the complaint till the realisation of the same.

The interest will be calculated on the aforesaid US $ amount by converting into Indian currency whatsoever rate on the date of the deposit of the said amount ie December 30, 2016.