The UT State Consumer Disputes Redressal Commission set aside an earlier order by a UT District Consumer Disputes Redressal Forum delivered against an immigration services company in Mohali for refund and compensation.
Aditya Kumar,a resident of Saharanpur,Uttar Pradesh,had approached Worldwide Immigration Consultancy Services Limited,Mohali,a company that provides immigration,placement and settlement services,in 2006 for immigration to Canada as a skilled worker. After mock interview of the complainant and checking his relevant documents,the company informed him to be a suitable candidate for immigration to Canada. His application was further proceeded to the Canadian High Commission.
The company stated that the complainant was required to submit the IELTS (International English Language Testing System) result,as required by the Canadian High Commission at New Delhi,which he failed to do due to which his case was rejected by them. It was further stated that the amount of Rs 19,000 was paid to the Canadian High Commission,as visa processing fee,and the same was non-refundable.
The judgement stated that as per the contract of engagement with the company,it was the prerogative of the applicant to provide his IELTS result.
The amount,applied for refund by the company,was not received by the Mohali-based company,but by a third party,Worldwide Immigration Consultancy Services Canada,and since they were not privy to the agreement,there was no liability on the petitioner to refund the amount.
The Mohali-based firm was earlier directed to refund Rs 25,000 and pay Rs 50,000 as compensation to the complainant.
According to the order of the commission,since the applicant failed to discharge his duty,as per the contract of engagement,by not supplying the required documents,as a result his application for visa was rejected. In these circumstances,the complainant could not claim refund of the amount.