Posted By: Atul
BEFORE CONSUMER DISPUTES REDRESSAL FORUM,
UNION TERRITORY, CHANDIGARH
Complaint No. 17 of 2015
Atul Sharma S/o Sh. Yashvinder Kumar Sharma R/o #169, Sector 51-A, Chandigarh.
1. Director, World Wide Immigration Consultancy Services Ltd.
Head Office: A-12, Industrial Area, Phase-6, Mohali (Punjab), India
2. Regional Manager, World Wide Immigration Consultancy Services Ltd.
SCO 2415-16, Sector 22-C, Chandigarh.
Subject: – Complaint under section 12 of the Consumer Protection Act, 1996, as amended upto date On account of:
Delay & Deficiency in Service as per Contract
And Negligence on the part of Opposite Parties.
I have approached M/S World Wide Immigration Consultancy Services Ltd. (WWICS) SCO 2415-16, Sector 22-C, Chandigarh in the month of May, 2013 for providing me Permanent Residency under Federal Skill Trade Program, CANADA which is a Job Offer Based program,
The requirements of this program are:
1. IELTS Score 5 Bands overall
2. Have at least two years of full-time work experience (or an equal amount of part-time work experience) in a skilled trade
3. Have an offer of full-time employment (Job Offer) for a total period of at least one year OR a certificate of qualification in that skilled trade issued by a Canadian provincial or territorial authority.
However I have fulfilled and met all the requirements of this program.
Whereby WWICS were required to arrange job offer for me within 9 months from the date of contract viz 10-May-2013 under clause 1 (e) & 3 of contract No. 01020120125 ; the extract of which is reproduced as under:-
• 1(e) “The Company shall only be responsible for securing job offer and not for any immigration consultancy or immigration application filling or assessment or processing, including application for Labour Market Opinion (LMO) from HRSDC/Service Canada.”
• 3 “The Client understands and agrees that the normal time period to obtain job offer may take 9 months. The Company shall not be held responsible for any delay occurring in processing period regarding the issuance of the positive Labour Market Opinion (LMO) due to backlog of cases or any reason whatsoever.”
It is further intimated that I had already made the timely payments as per contract to the WWICS, the details of which as under:-
1. 10-5-2013 Registration Fee Rs. 202248 Cheque No. 82015,Canara Bank, Phase 7, Mohali (Punjab)
2. 3-7-2013 Pre Installment of Job offer Rs.261915 (US $ 4300) Cheque No. 820152 Canara Bank, Phase 7, Mohali (Punjab)
Thus the Total payment made so far = Rs. 4,64,163/- (Four Lac sixty four thousand one hundred sixty three)
The above timely payments has been made upto the receipt of job offer as per contract as total; there is no outstanding payment against me so far.
That WWICS have failed to arrange/ deliver job offer letter to me as per contract. Even after more than 18 months has elapsed, although the same has to be arranged by WWICS within the period of 9 months as per contract w.e.f. date of contract 10-May-2013.
I have visited number of times to WWICS offices at Chandigarh as well as Head office, Mohali to persue my case. Repeated phone calls have also been made to WWICS to enquire about the status of my case. It seems that the attitude of WWICS have been found to be uncooperative and also tried to defer the matter on one pretext or the other. WWICS even tried to back out from the agreement by pressuring me to get refund of payment at this stage and also tried to convince me to get transfer my case from Federal Skill Trade Program to “City of Morden (Manitoba Provincial Nominee Program)”, meaning thereby to get rid of its failure to arrange job offer letter in contravention of the contract.
It is quite obvious that I have wasted about more than 18 months with the false promise of WWICS to get job offer, subsequently lead to Permanent Resident Visa as per contract/agreement. The inaction on part of WWICS has resulted me a huge harassment and mental torture as I have to left my Professional Course “Computer Hardware and Networking Engineer” in-between.
Now in pursuance of my legal Notice dated 22-11-14, WWICS had sent me a Reply through Email dated 25-11-14 whereby, WWICS has intimated me to return me only 1,12,500 Rs.+ US$ 4300 & Rs 15,000 (total about Rs. 4 Lacs) Instead of Rs. 4,64,163/- Lacs with Interest.
It is obvious that amount of Rs. 4,64,163 Lacs becomes recoverable from WWICS with penal interest of 18% along with Rs. 5 Lacs on account of mental torture & harassment inflicted upon me and spoiled my career through this long period of 18 months because I have left with no option to join further higher studies / Job Experience anywhere because of the high hopes of WWICS commitment to send me abroad, as such the claim of approximately Rs. 5 Lacs may also be charged to WWICS on this account for Spoiling my career. Thus the total claimed amount of Rs. 10 Lac becomes recoverable from WWICS on grounds of deficiency in rendering service, causing delay in genuine claim of the complainant, Penal Interest of 18% and Litigation expenses incurred to me.
I have affixed the requisite court fee and I didn’t filled any case in this court or anywhere else earlier before.
It is therefore, respectfully prayed that the complaint be accepted and the OPs be directed to:-
1. To Refund Rs. 4,64,163 (Principal Amount) alongwith the interest@ 18% per annum from 10-5-2013 till realization.
2. To pay a sum of Rs. 5 Lacs on account of mental harassment, agony and sufferings suffered by me, most importantly for spoiling my career through the long period of more than 18 months.
3. To pay Rs. 11000/- as cost of complaint and litigation expenses.
4. This Hon’ble forum may be pleased to grant any other relief/pass any other order as deemed fit and proper in favour of the complainant and against the OPs.
S/o Sh. Yashvinder Kumar Sharma
R/o #169, Sector 51-A, Chandigarh
Verified that the above contents are true and correct to the best of my knowledge no part of it is false and nothing relevant has been concealed therein.
Dated: Jan, 2015 DEPONENT