Jatinder Singh v. Planet Bulls Consultants Pvt Ltd

and eventually on 24.10.2016 signed "Contract of Engagement for Canada Study Visa". The complete fee package was settled at Rs.6,00,000/-, which included registration charges, six months fees, offer letter charges, embassy fee and one-way air-ticket fees. They paid the sum of Rs.10,000/- in cash to the OPs. The OPs processed the documents of the complainant for the course of Network Administration offered by CIMT, Canada. The length of the program was 36 weeks i.e. 13.3.2017 to 24.11.2017. Thus, the complainant received the 'Conditional Offer of Acceptance" dated 14.11.2016 of CIMT, Canada. The OPs demanded payment of Rs.3,40,000/- from the complainant and his father, which they immediately paid vide DD bearing No.341582 dated 23.11.2016. The complainant meanwhile received the "Letter of Acceptance" dated 29.12.2016 of the CIMT College, Canada from the OPs. The complainant was given admission in Network Administration course. The length of the program was 36 weeks i.e. 8.5.2017 to 9.2.2018. The complainant and his father shocked and surprised to know that his Study VISA permit application No.S301900100 was rejected by the Consulate General of Canada in Chandigarh under the column of 'Other Reasons', vide letter dated 4.5.2017. It was the duty of the OPs to choose the right Program for the complainant after assessing his qualifications, which they failed to do. The OPs chose the program/course for the complainant according to his English Language ability and it did not find favour with the Consulate General of Canada in Chandigarh. The application was accepted when presented for the second time. The complainant and his father time and again visited the premises of the OPs for the refund of the amount of Rs.3,50,000/- paid by them but they refunded an amount of Rs.2,30,000/-, vide cheque bearing No.001248 dated 12.8.2017 drawn on UCO Bank, SCO No.22, Phase-1, Mohali. The amount of Rs.1,20,000/- was deducted/retained illegally by the OPs. Alleging deficiency in service and adoption of unfair trade practice on the

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part of the OPs the present complaint has been filed for issuance of following directions to them:-

1. to refund an amount of Rs.1,20,000/- along with interest @ 12% p.a. from the date of deposit till its realization;

2. to pay a sum of Rs.1,00,000/- as compensation towards harassment, mental agony, deficiency in service and unfair trade practice;

3. to pay a sum of Rs.1,00,000/- as an academic year of the complainant got wasted on account of the negligence of the OPs;

4. to pay a sum of Rs.30,000/- as litigation expenses.

2. Upon notice, OPs appeared and filed their joint reply taking preliminary objections to the effect that the complainant has suppressed material facts. The complaint is time barred because as per the version of the complainant the cause of action arose to him on 4.5.2017 whereas he preferred the complaint on 23.5.2019. On merits, it is admitted that the complainant applied for the Study Visa to go Canada and his application was rejected by the Consulate General of Canada, vide letter dated 4.5.2017. It is, however, submitted that there is no 100% guarantee of the visa from the Company. In case the complainant backs out from the contract he will liable to pay Rs.50,000/- as consultant fee and in case the visa is rejected for whatever reason, in that eventuality the OP was to levy charges @ 20% of the full package. This fact was orally disclosed to the complainant and his father which is also duly videographed and in the said conversation OP No.2 clearly stated that the total amount of the package would be Rs.6 lakh and in the eventuality of refusal of Visa by the concerned Embassy, the amount would be refunded after deducting 20% of the package i.e. Rs.1,20,000/- and both of them agreed for the same. Payment of Rs.10,000/- on 24.10.2016 is admitted. It is submitted that the College and the Course was chosen by the complainant. Even the

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course so chosen was in resonance with the profile of the complainant as the course was I.T. related course. On the signing of the Agreement dated 24.10.2016 the OPs processed the documents of the complainant for the said course offered by CIMT, Canada and the complainant successfully received conditional offer of acceptance. After the receipt of condition of acceptance, OPs deposited a sum of Rs.29,433/- with the said College. On receipt of letter of acceptance dated 29.12.2016 after doing all the documentation, the complainant was given a complete file for onward deposit with the office of Canadian Embassy and he was given Rs.8,300/- by the OPs as embassy fee to be deposited with Embassy along with file. Denying any deficiency in service on their part a prayer for dismissal of the complaint has been made.

3. In support of his case the complainant has placed on record his own affidavit along with documents Ex.C-1 to Ex.C-13.

4. On the other hand, the OPs have placed on record affidavit of their Director dated 4.10.2019 and documents Ex.OP-1 to Ex.OP-9.

5. Heard. The entire record has been perused.

6. Admittedly, the complainant availed the services provided by OPs and have signed Contract of Engagement for Canada Study Visa on 24.10.2016 (Ex.C-4). A perusal of same reveals that the complainant undertook to pay a sum of Rs.6,00,000/- to the OPs as Consultation Fee, File preparation and other charges. The complainant paid Rs.10,000/-, vide receipt dated 24.10.2016 (Ex.C-5). The complainant received Conditional Offer of Acceptance dated 14.11.2016 (Ex.C-6). The complainant paid Rs.3,40,000/- more to the OPs, vide receipt dated 23.11.2016 (Ex.C-7). In the meanwhile, the complainant received Letter of Acceptance dated 29.12.2016 (Ex.C-8). The length of the program was 36 weeks i.e. 8.5.2017 to 9.2.2018. However, the Study Visa permit application of the complainant was rejected by the Consulate General of Canada in

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Chandigarh, vide letter dated 4.5.2017 (Ex.C-9). The complainant and his father visited the OPs and requested them to refund the amount deposited by them. The OPs refunded the amount of Rs.2,30,000/-, vide cheque bearing No.001248 dated 12.8.2017 drawn on UCO Bank, SCO No.22, Phase-1, Mohali (Ex.C-12) after deducting 20% of the package price of Rs.6,00,000/- amounting to Rs.1,20,000/-.

7. The case of the OPs is that they have deducted 20% of the package price of Rs.6,00,000/- as per terms and conditions of the contract/Agreement (Ex.C-4) entered between them as there is no deficiency in service on their part. Moreover, they had already deposited a sum of Rs.29,433/- with the said College in Canada, vide receipt Ex.OP-3. They have also paid Rs.8,300/- to the complainant for depositing the same with the Canadian Embassy as Embassy Fees, vide letter (Ex.OP-4).

8. We are of the view that the expected service has not been provided by the OPs to the complainant. The OPs are having expertize in their field and they should be more cautious while applying for the Study Visas of the students and should assess the courses offered by various Universities/Colleges with the qualifications of the students. Certainly there is deficiency in service on the part of the OPs in providing service to the complainant. It is, therefore, held that the complainant is entitled to receive the balance amount of Rs.1,20,000/- after deducting the sum of Rs.29,433/- deposited by the OPs with the concerned College/University in Canada as University Fee and Rs.8,300/- already paid to him.

9. In view of our above discussion, this complaint is partly allowed and the OPs are directed to refund Rs.82,267/- to the complainant along with interest at the rate of 9% per annum from the date of filing of this complaint till date of actual payment, within a period of two months from the date of receipt of certified copy of this order, failing which rate of interest shall be 12% per annum. The OPs are directed to pay a sum of

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Rs.10,000/- to the complainant as compensation for harassment and mental tension and Rs.5,000/- towards litigation expenses. All the OPs shall be liable jointly and severally.

10. The instant complaint could not be disposed of within stipulated period for want of quorum and due to heavy institution of cases.

11. Certified copies of this order be sent to the parties free of costs. File be indexed and consigned to record room.

(S.K. AGGARWAL)

PRESIDENT

(PARAMJEET KAUR)

MEMBER

Pronounced on : 03.11.2023

bansal

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