w w w . L a w y e r S e r v i c e s . i n



Arshleen Grewal v/s Worldwide Immigration Consultancy Services Limited, Punjab & Another


Company & Directors' Information:- J K CONSULTANCY AND SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC066762

Company & Directors' Information:- WORLDWIDE CORPORATION LIMITED [Active] CIN = U27203CH1989PLC009878

Company & Directors' Information:- H S CONSULTANCY PVT LTD [Active] CIN = U74140WB1988PTC044368

Company & Directors' Information:- S M CONSULTANCY PVT LTD [Active] CIN = U74140WB1992PTC057293

Company & Directors' Information:- A & T WORLDWIDE PRIVATE LIMITED [Active] CIN = U51909GJ2013PTC074854

Company & Directors' Information:- INDIA WORLDWIDE CONSULTANCY PRIVATE LIMITED [Active] CIN = U74999DL2001PTC113356

Company & Directors' Information:- K S CONSULTANCY SERVICES PVT LTD [Active] CIN = U74140WB1988PTC045137

Company & Directors' Information:- V R WORLDWIDE PRIVATE LIMITED [Active] CIN = U51909GJ2012PTC070389

Company & Directors' Information:- WORLDWIDE IMMIGRATION CONSULTANCY SERVICES LIMITED [Not available for efiling] CIN = U74140CH1997PLC019491

Company & Directors' Information:- E TO E CONSULTANCY PRIVATE LIMITED [Active] CIN = U63030KA2008PTC048557

Company & Directors' Information:- Y A CONSULTANCY SERVICES PVT LTD [Active] CIN = U74140WB1987PTC043225

Company & Directors' Information:- R. A. CONSULTANCY PVT. LTD. [Under Process of Striking Off] CIN = U67120WB1994PTC066521

Company & Directors' Information:- V G CONSULTANCY PRIVATE LIMITED [Active] CIN = U74899DL1993PTC054746

Company & Directors' Information:- L S D CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262781

Company & Directors' Information:- K .P. A. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140WB2010PTC142889

Company & Directors' Information:- P O CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U93000WB2009PTC134219

Company & Directors' Information:- T K M CONSULTANCY INDIA PRIVATE LIMITED [Strike Off] CIN = U74140KL1998PTC012694

Company & Directors' Information:- A & A CONSULTANCY PVT. LTD. [Active] CIN = U74140WB1986PTC040777

Company & Directors' Information:- Y K CONSULTANCY (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL2003PTC121113

Company & Directors' Information:- L M J CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2010PTC208950

Company & Directors' Information:- R. K . CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140AS2006PTC008131

Company & Directors' Information:- M U S INDIA CONSULTANCY LIMITED [Strike Off] CIN = U74900WB2013PLC191253

Company & Directors' Information:- A & A SERVICES AND CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140OR2012PTC015010

Company & Directors' Information:- J R CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74900TN2015PTC102294

Company & Directors' Information:- R A D CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2011PTC224038

Company & Directors' Information:- S I M CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2007PTC162468

Company & Directors' Information:- Y. K. M. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74900DL2013PTC254940

Company & Directors' Information:- A TO Z IMMIGRATION SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1998PTC024407

Company & Directors' Information:- J. P. CONSULTANCY PRIVATE LIMITED [Active] CIN = U51909GJ2002PTC040433

Company & Directors' Information:- GREWAL AND COMPANY LIMITED [Active] CIN = U51909PB1985PLC006591

Company & Directors' Information:- V & T CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999CH2005PTC027862

Company & Directors' Information:- P C CONSULTANCY PVT LTD [Active] CIN = U74210WB1991PTC053835

Company & Directors' Information:- J A CONSULTANCY PRIVATE LIMITED [Under Process of Striking Off] CIN = U93090MH2008PTC188284

Company & Directors' Information:- L M B CONSULTANCY SERVICES INDIA PRIVATE LIMITED [Active] CIN = U74999KL2002PTC015318

Company & Directors' Information:- K C IMMIGRATION SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2003PTC035143

Company & Directors' Information:- M Y M CONSULTANCY SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74900KA2011PTC058364

Company & Directors' Information:- S K A CONSULTANCY PRIVATE LIMITED [Active] CIN = U74999UP2020PTC136502

Company & Directors' Information:- T C S CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140RJ1995PTC011052

Company & Directors' Information:- K B M CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U72900TG2002PTC038403

Company & Directors' Information:- D M M CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140WB2010PTC151887

Company & Directors' Information:- C I S (INDIA) CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74120BR2013PTC021019

Company & Directors' Information:- R I W CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KL2013PTC034174

Company & Directors' Information:- P S P CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900DL2011PTC222022

Company & Directors' Information:- N. K. CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140HR2006PTC036471

Company & Directors' Information:- M E CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140KL2012PTC031172

Company & Directors' Information:- M & M CONSULTANCY SERVICES PVT. LTD. [Strike Off] CIN = U74140WB1992PTC056149

Company & Directors' Information:- V S B D CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TN2000PTC045338

Company & Directors' Information:- Z K CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74210DL1993PTC052338

Company & Directors' Information:- B AND D CONSULTANCY SERVICES PVT LTD [Strike Off] CIN = U74210MH1982PTC027430

Company & Directors' Information:- D. G. CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140WB2008PTC129948

Company & Directors' Information:- B R IMMIGRATION SERVICES PRIVATE LIMITED [Active] CIN = U74140PB2010PTC033807

Company & Directors' Information:- G & B IMMIGRATION CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140PB2015PTC039687

Company & Directors' Information:- A S IMMIGRATION CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999PB2004PTC027614

Company & Directors' Information:- V F C CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140RJ2015PTC048025

Company & Directors' Information:- B S IMMIGRATION SERVICES PRIVATE LIMITED [Strike Off] CIN = U63040PB2008PTC031902

Company & Directors' Information:- E & C CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140TN2007PTC062260

Company & Directors' Information:- L & R CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140TN2009PTC072839

Company & Directors' Information:- P P CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74210TN1982PTC009556

Company & Directors' Information:- N R 'S CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74210TN1986PTC013630

Company & Directors' Information:- P S WORLDWIDE PRIVATE LIMITED [Active] CIN = U51101MH2012PTC238923

Company & Directors' Information:- M F S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140MH2008PTC177948

Company & Directors' Information:- D P CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140PN2008PTC132654

Company & Directors' Information:- C AND H CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74100MH2004PTC148618

Company & Directors' Information:- R V K CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74120MH2011PTC221273

Company & Directors' Information:- H A S D CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120MH2011PTC222997

Company & Directors' Information:- H H S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74120MH2013PTC250345

Company & Directors' Information:- M & W CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74910TN2004PTC053384

Company & Directors' Information:- J K M CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74120UP2010PTC042726

Company & Directors' Information:- Y V R CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74900TG2015PTC098309

Company & Directors' Information:- J L I CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U72300UP2012PTC052649

Company & Directors' Information:- D R M B CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2014PTC201139

Company & Directors' Information:- M P CONSULTANCY PVT LTD [Strike Off] CIN = U74120WB1996PTC081085

Company & Directors' Information:- J. L. CONSULTANCY PVT LTD [Active] CIN = U74140WB1985PTC039818

Company & Directors' Information:- S E S CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74999WB2011PTC170939

Company & Directors' Information:- G P R CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140CH2012PTC033622

Company & Directors' Information:- S K CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000JH2012PTC000348

Company & Directors' Information:- R & A CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U67100DL2011PTC215340

Company & Directors' Information:- M J M CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140DL2005PTC133200

Company & Directors' Information:- G S IMMIGRATION SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL2005PTC137554

Company & Directors' Information:- A C G CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140DL2005PTC140720

Company & Directors' Information:- H M S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140DL2010PTC201488

Company & Directors' Information:- D & G CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U65990DL2011PTC214142

Company & Directors' Information:- R H H H CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900AP2014PTC095348

Company & Directors' Information:- A & C CONSULTANCY PRIVATE LIMITED [Active] CIN = U74140KA2008PTC046754

Company & Directors' Information:- J S M CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U93000HR2011PTC043455

Company & Directors' Information:- A P R CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U93000KA2014PTC073639

Company & Directors' Information:- M AND M WORLDWIDE PRIVATE LIMITED [Active] CIN = U51431GJ2014PTC078953

Company & Directors' Information:- J V WORLDWIDE PRIVATE LIMITED [Strike Off] CIN = U51909GJ2014PTC078156

Company & Directors' Information:- L AND L CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140KL1997PTC011084

Company & Directors' Information:- J AND S CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140KL2005PTC018496

Company & Directors' Information:- P E B CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140KL2011PTC027680

Company & Directors' Information:- Z & H CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U85190KL2008PTC023534

Company & Directors' Information:- M AND M WORLDWIDE PRIVATE LIMITED [Strike Off] CIN = U74110GJ2014PTC078953

Company & Directors' Information:- D C D CONSULTANCY PRIVATE LIMITED [Active] CIN = U74999RJ2020PTC071399

Company & Directors' Information:- D AND N CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2020PTC195417

Company & Directors' Information:- H P WORLDWIDE PRIVATE LIMITED [Active] CIN = U45209RJ2021PTC076195

Company & Directors' Information:- S S G CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140TN1997PTC037763

Company & Directors' Information:- G R IMMIGRATION SERVICES PRIVATE LIMITED [Strike Off] CIN = U72900PB1998PTC021842

Company & Directors' Information:- V Z CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140MH2007PTC170875

Company & Directors' Information:- F T CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900CH2007PTC030854

Company & Directors' Information:- R S IMMIGRATION CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74900CH2007PTC030976

Company & Directors' Information:- A. A. R. M. CONSULTANCY SERVICES PRIVATE LIMITED [Under Process of Striking Off] CIN = U74140DL2006PTC150076

Company & Directors' Information:- M AND M CONSULTANCY PVT LTD [Strike Off] CIN = U74140PB1985PTC006557

Company & Directors' Information:- SERVICES AND CONSULTANCY P. LTD. [Strike Off] CIN = U99999DL2000PTC902217

    Revision Petition No. 2567 of 2017

    Decided On, 26 June 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. PREM NARAIN
    By, PRESIDING MEMBER

    For the Petitioner: Amandeep Singh, A.R. For the Respondents: Sunil Goyal, Deepak, Advocates.



Judgment Text


This revision petition has been filed by the petitioner Arshleen Grewal, challenging the order dated 04.05.2017 of the State Consumer Disputes Redressal Commission, UT Chandigarh (in short ‘the State Commission’) passed in First Appeal No.119/2017.

2. Brief facts of the case are that the petitioner/ complainant applied for Permanent Resident Visa for Canada and took the services of the respondents/ opposite parties as professional consultant. The opposite parties and the complainant entered into two engagement agreements, one with the respondent Nos.1 and 2 and other with M/s. GSBC Dubai. The complainant paid total amount of Rs.84,270/- to the opposite parties and $ 800 to M/s. GSBC Dubai through the opposite parties. It is the allegation of the complainant that the fees was paid on 19.08.2014 and the documents were also submitted to the opposite parties for further processing and sending them to Canadian Embassy, however, the opposite parties did not take any interest and when complainant asked about the progress of the case on 26.11.2014, she got to know that the case was not even processed. The complainant again submitted all the documents to the opposite parties on 07.12.2014. She was called to the opposite parties’ office on 22.12.2014 for signing the papers. Then the papers were submitted on 23.12.2014 to the Canadian Embassy. She received rejection of her application vide letter dated 16.03.2015 from the Canadian Embassy. She has alleged in the complaint that her application has been rejected as there was a capping of such visas to a number of 25,000 and her application was received late after the capping was complete. The complainant then asked for the refund of the fees paid to the opposite parties, however, the opposite parties denied any refund on the ground that both parties are bound by the agreement and agreement provides that no fees will be refunded. Aggrieved by the response of the opposite parties, the complainant filed a consumer complaint being CC No.723 of 2015 before the District Consumer Disputes Redressal Forum-I, UT Chandigarh, (in short ‘the District Forum’). The complaint was resisted by the opposite parties by filing the written statement and stating that the rejection of her application was due to capping on number of applicants and rejection is the sole discretion of the Canadian Embassy. There was no deficiency on the part of the opposite parties. As per the agreement, there is no provision for refund of the fee. It was requested to dismiss the complaint.

3. The District Forum after considering the arguments and evidence of both the parties dismissed the complaint of the complainant vide its order dated 06.02.2017.

4. Aggrieved with the order dated 06.02.2017 of the District Forum, the complainant preferred appeal before the State Commission and the State Commission also dismissed the appeal vide its order dated 04.05.2017

5. Hence the present revision petition.

6. Heard Authorised Representative of the petitioner and the learned counsel for the respondents and perused the record. Authorised Representative of the petitioner stated that both the fora below have not considered the delay in submission of the application and other documents by the opposite parties to the Canadian Embassy. Had the papers been submitted in time, her application may have been included within 25,000 applications. It may be true that her application may have been rejected on certain grounds, documents, but one of the main grounds of rejection is that the application was received after capping of 25,000 applications was complete. Authorised Representative of the petitioner stated that the fees was paid on 19.08.2014 and all documents were submitted at that time, however, no action was taken on these papers till November 2014. The complainant inquired the status of the application on 26.11.2014 and she was asked to submit documents again which she submitted on 07.12.2014. Still papers were not forwarded to the Canadian Embassy till 22.12.2014 when the complainant was asked to come to the office of the opposite parties and to sign certain papers. The papers were ultimately sent to Canadian Embassy on 23.12.2014, whereas it was quite possible for opposite parties to send these papers even in September or October, 2014. In fact, no professional services were provided to the complainant and the case of the complainant has been rejected due to unprofessional services having been provided to the complainant.

7. On the other hand, learned counsel for the respondents/opposite parties stated that complainant had not supplied the complete documents and she supplied them only on 07.12.2014. Therefore, it was not possible to send the application along with all the documents to the Canadian Embassy before December, 2014. As there was rush for getting Permanent Resident Visa for Canada, a capping of 25,000 was introduced by the Canadian Government. It was not in the hands of the opposite parties to have known when this capping was going to be complete. As soon as all the documents were given by the complainant, the papers were sent to the Canadian Embassy for processing. In fact, the complainant was not eligible as per the Ministerial instructions for Federal Skilled Worker Category, therefore, even if the application was included in the first 25,000 applications the complainant may not have got the Permanent Resident Visa. It was further argued by the learned counsel for the respondents that only Rs.75,000/- was charged by the opposite parties and Rs.9,270/- was paid as service tax which has already gone to Government Exchequer. $800 was paid to M/s. GSBC Dubai, which is a separate legal company and the opposite parties cannot be held responsible for refunding $800 which has not been paid to them. It was also stated that M/s. GSBC Dubai has not been made party by the complainant in the present complaint case, hence, no order can be passed against that company.

8. I have carefully considered the arguments advanced by both the sides and have examined the material on record. It is important to note the following from the rejection letter dated 16.03.2015:-

“The Minister of Citizenship and Immigration issued instructions which became effective on May 1, 2014. Only applicants who meet the criteria specified in these Ministerial Instructions are eligible to be processed in the Federal Skilled Worker class.

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. Your application was received after the maximum of 25,000 complete Federal Skilled Worker applications was reached.

Since you did not provide evidence that you 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.”

9. From the above, it is clear that the application of the complainant had reached after 25,000 applications were already received and therefore, this is one of the reasons for rejection of the application. Another reason for rejection has been mentioned that the complainant did not meet the requirements of the Ministerial Instructions and therefore, the application was not eligible for processing. It is to be considered that when the candidate has obtained the services of the professional consultant, it is expected that the consultant would examine the application and other criteria professionally so that the candidate’s application, atleast, is not rejected on eligibility. As professional consultants, the opposite parties should have known Ministerial Instructions for Federal Skilled Worker Class and the complainant should have been examined by them on these instructions and the correct advice should have been given to the complainant. It is seen that the opposite parties have failed in this regard as well. Thus, the professional services provided by opposite parties were not really professional and they were only in the name sake. Both the fora below have agreed that the agreement provides that no fees can be refunded. The opposite parties have breached the agreement by not providing timely efficient professional services to the complainant. In fact, one month or maximum two months is a reasonable time when application should have been processed by the opposite parties for sending it to the Canadian Embassy, but the opposite parties have taken about four months to process the same. Consequently, the application was sent to the Canadian Embassy at the fag end of the year. Even if the application of the complainant has been rejected on certain other grounds, but receiving complainant’s application after 25,000 applications is also one of the ground of rejection for which the opposite parties are clearly responsible. The opposite parties are also responsible for not providing correct information and for not providing correct professional services in accordance with the Ministerial instructions for Federal Skilled Worker Class. In fact, both the fora below have not considered the aspect of delay in sending the application to the Canadian Embassy.

10. Based on the above discussion, I find that there was deficiency in service on the part of the opposite parties in

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providing efficient professional services timely to the complainant. As M/s. GSBC Dubai has not been made a party in the present complaint case, I am desisting from passing any order against that company for refund of $ 800. However, for deficiency in service of the opposite parties, the complainant is entitled to get compensation from the opposite parties. In the circumstances of the case, I deem it appropriate to fix the compensation as Rs.65,000/-(rupees sixty five thousand only) to be paid to the complainant by the opposite parties. 11. Consequently, the revision petition no.2567 of 2017 is partly allowed and the order dated 04.05.2017 of the State Commission and the order dated 06.02.2017 of the District Forum are set aside. The respondents/opposite parties are directed to pay Rs.65,000/-(rupees sixty five thousand only) as compensation to the petitioner/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.
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