In this post we will discuss about Consumer Complaint against Immigration Consultancy wherein the court directed to pay Rs.65,000/-as compensation to the complainant within a period of 45 days from the date of receipt of the order
Delivery of service on time is important
In a contract between two parties, parties are bound to deliver their side of the promise in the correct time where the time is a relevant factor. If a party is not able to do their side of the duty it amounts to breach of the contract and amounts to compensation even though no refund policy is mention in the agreement.
Arshleen Grewal vs Worldwide Immigration
on 26 June, 2020
The Facts
The complainant applied for a permanent resident visa and took the service of the opposite parties who were a professional consultant in dealing with the paperwork of the documents of the embassy. The complainant and the two opposite parties entered into a two engagement agreement and paid Rs.84,270/- to the respondent no. 1 and $ 800 to respondent no. 2 that is M/s. GSBC Dubai. The complainant submitted documents along with the fees on 19.08.2014 and when she started inquiry about the progress and development of application of permanent visa on 26.11.2014, the complainant got to know that the document was not even submitted.
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The complainant was called up again to submit the paper again on 07.12.2014and sign the papers again on 22.12.2014 and then all the documents were submitted on the next day. Her application was rejected on 07.12.2014 from the Canadian Embassy. The allegation by complainant were because only the top 25,000 application were selected and her application were submitted delayed by the opposite parties, it resulted declining of the application by the Canadian Embassy. The complainant asked for a refund which were denied by the opposite parties as in the agreement specifies no refund will be provided.
The complainant appealed before the District Consumer Disputes Redressal Forum-I which were rejected and later rejected by State Commission also rejected when the complainant appealed before it.
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Arguments of The Complainant
- There was a delay of submitting the application on the part of the opposite parties and if the opposite party had submitted the paper within the correct time where the application could be in the top 25,000 the complainant would have received the confirmation letter.
- The complainant believes that the main ground of the rejection of the application is, the application was submitted after 25,000 applications were submitted. It is on the part of the opposite parties which led to the delayed of the submission of the application as there was difference of total four months when the opposite party received the documents and submitted the documents to the Embassy. The application was rejected by the unprofessionalism of the opposite parties.
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Response of the Opposite Parties
- The complainant have given the complete documents which are required in the application only on 07.12.2014and the party send the application to the embassy as soon as they received the complete documents to the embassy.
- The Canadian Government also made this rule that only the top 25,000 will be selected and it is not in the part of the opposite parties to know when this list will be surpassed and completed.
- The applicant is not even eligible for the Permanent Resident Visa for Canada as per the Ministerial instructions for Federal Skilled Worker Category and even the application was submitted within first 25,000, the application of the complainant would have been rejected by the embassy.
- The opposite parties claimed that only Rs.75,000/- was charged and Rs.9,270/- was paid as service tax which has already gone to Government Exchequer M/s. GSBC Dubai is a separate legal company and cannot be held responsible for refunding $800 which has not been paid to them.
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Judgement
- The presiding member after going troughs the rejection letter received by the complainant from the embassy made few points which are as follows
- The Minister of Citizenship and Immigration issued instructions which became effective on May 1, 2014 where the A maximum of 25,000 complete Federal Skilled Worker applications, without an offer of arranged employment, or a maximum of 1,000 complete Federal Skilled Worker applications per eligible National Occupation Classification (NOC) code will be considered for processing each year.
- The complainant did not have an Arranged Employment Offer, or evidence that you are a candidate under the Ph. D stream, you do not meet the requirements of the Ministerial Instructions and your application is not eligible for processing.
- Even though the complainant is not eligible for the Permanent Visa and was rejected because of the late application, the complainant have taken the service of the opposite parties and it is their duty as a profession consultant to know Ministerial Instructions for Federal Skilled Worker Class and instruct the complainant. It leads to breach where the opposite parties have timely efficient service. The opposite parties not only responsible for the late submission even though there are other grounds of the rejection of the application but also did not provide information regarding the rules regarding the visa.
- Both the fora below have considered that there is no provision of refund in the agreement but did not consider the delay of the submission on the part of the opposite parties
- Setting aside of the order by the State Commission and District Forum, the opposite parties are directed to pay Rs.65,000/-as compensation to the complainant within a period of 45 days from the date of receipt of this order, failing which, this amount will carry 9% p.a. interest from the date of this order till actual payment and the respondent no. 2 that is As M/s. GSBC Dubai is not a party in this case, the company shall not refund $800
ALSO READ- STATE CONSUMER COMMISSION CHANDIGARH PUNJAB HARYANA
This post is written by Digant Das
If already duped by the immigration company or fake visa agent, then CONTACT TOP/BEST/EXPERT consumer RERA Lawyer in Chandigarh, Panchkula, Mohali (Punjab and Haryana) for the consumer matter.
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