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M/s Worldwide Immigration Consultancy-Services Ltd. v/s Rajesh Kumar & 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:- RAJESH CONSULTANCY SERVICES PRIVATE LIMITED [Active] CIN = U74140WB2008PTC125755

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:- 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:- V KUMAR SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2014PTC266229

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:- KUMAR SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1989PTC035818

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

    First Appeal No. A/11/183 (Arisen out of Order Dated 28/10/2010 in Case No. CC/08/88 of District Ernakulam)

    Decided On, 30 September 2011

    At, Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram

    By, THE HONOURABLE SHRI. JUSTICE K.R. UDAYABHANU PRESIDENT & THE HONOURABLE MR. S. CHANDRAMOHAN NAIR MEMBER

    For the Appellant : Vettoor S. Prakash, Advocate. For the Respondents : S.Reghukumar, Advocate.



Judgment Text

JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT

The appellants are the opposite parties in CC.88/08 in the file of CDRF, Ernakulam. The appellants are under orders to refund Rs.30,000/- with interest at 12% per annum from the date of receipt (30.06.07) of the amount till realization.

2. It is the case of the complainants that the opposite parties 2 and 3, the Branch Manager and Relationship Executive of the 1st opposite party, Immigration Consultancy Services approached the complainants and offered to arrange the job of motor mechanic for the 1st complainant, brother of the 2nd complainant. It was assured that the monthly salary would be Rs.1.5.lakhs. The 2nd complainant paid a sum of Rs.30,000/- towards service charges on 30.6.2007. As directed by the opposite party the duly filled up application form dated:03.08.2007 was entrusted with the opposite parties along with educational qualification certificates and experience certificates. A DD for 300 Australian dollars dated:2.8.07 in favour of Trade Recognition Australia(TRA) was also entrusted. The opposite party vide letter dated:23.8.07 informed the complainants that they have already forwarded the application form to TRA. A communication dated:7.12.2007 was received by the complainant from the particular department of Australian Government informing that TRA are no longer the designated assessing authority from 1.9.2007 onwards and that the new authority is VETASSESS, along with other documents including the application. With the above intimation, the forwarding letter dated 30.11.2007 of the opposite parties were also returned to the complainant.

3. It was found from the forwarding letter that the application dated:3.8.2007 was sent belatedly and that it was received by TRA only on 7.12.2007. It was found that the first page of the application form has been changed and inserted another page with the forged the signature of the complainant and the date as 20.8.2007. It is also learnt that the opposite parties have forged a false affidavit with the help of a Notary from Chennai. The complainants demanded the return of the amount of Rs.30,000/- paid as service charges vide letter dated:27.12.2007. Although it was assured that the amount will be paid subsequently they retreated from the promise. The complainant is filed for realization for a sum of Rs.60,000/- including damages with interest at 12% etc.

4. In the joint version filed by the opposite parties it is asserted that the application was forwarded on 23.8.2007 within 3 days from the receipt of application and documents. It is stated that the new policy of the Government abroad came into existence with effect from 4.9.2007 although the complainant had already submitted the application before TRA through the opposite party on 23.8.07. It is on 12.10.07 that the opposite party received letter from the Australian Government mentioning that the assessment authority is no longer TRA and that the new authority is VETASSESS. The opposite parties have also produced the relevant records in this regard. It is contended that the opposite parties has been assisting the complainant since June 2007 with respect to the processing of migration, the preparation of this immigration file, verifying credentials and communicating his case with their office in Australia and the Australian authorities. As per the contract the service charges are to be paid in 2 instalments ie Rs.30,000/- at the time of execution of the contract and balance of Rs.20,000/- after the receipt of the Skills Assessment Result. As per the contract the complainants are not entitled for any refund in case the client shows disinterest or does not co-operate in fulfilling the purpose of the contract. The opposite parties have processed the relevant papers and communicated with their head office, office in Australia and the Australian authorities and with the High commission etc. The opposite parties have denied liability to refund the amount or to pay the compensation.

5. Evidence adduced consisted of the testimony of PW1, DW1, Exts.A1 to A7, B1 to B8.

6. The Forum has allowed the complaint stressing the fact that there was delay in forwarding the application to the TRA.

7. As pointed out by the counsel for the respondents/ complainants in Ext.A2 application form returned from the concerned department of the Government of Australia the date seal of receipt is 7.12.07. Ext.A3 forwarding letter is seen dated:23.8.07. The complainants have submitted the application on 3.8.2007. It is seen that DD is dated:2.8.2007. Hence the case of the complainants that the filled up application was handed over to the opposite parties on 3.8.2007 appears true. The case of the complainants that the first page of Ext.A2 application has been changed and the date is put as 20.8.07 instead of 3.8.07. As per Ext.A4 forwarding letter returned from the TRA, the same is dated:30.11.07. Evidently there is a delay of about 4 months in forwarding the application which has been submitted on 3.8.07. The competent authority was changed with effect from 1.9.07 as evident from Ext.A5. There is no dispute on the above point. Had the opposite parties forwarded the application soon after receipt of the same from the complainant ie on 3.8.07 perhaps TRA would have been able to forward the same after clearance. It is the case of the opposite parties that they have an office in Australia and that they have corresponded with their office in Australia and their office in Delhi etc. Being specialized in immigration matters, the opposite parties should have been aware of the fact of change of the designated authority from TRA to VETASSES instantly. As evident from Ext.A4 it is only on 30.11.07 that the application etc has been forwarded. It is inconceivable that their office in Australia was not aware of the change of authority that came into effect on 1.9.07

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which is 3 months prior to the date of forwarding of the application. We find that there is serious lapse on the part of the opposite parties. There is no scope for interference in the order of the Forum. Further the Forum has only directed to pay refund of Rs.30,000/-. The order of the Forum is confirmed and the appeal is dismissed. The opposite parties/appellants are directed to make the payment within two months from the date of receipt of this order failing which the complainant will be entitled for interest at 18% from 30.9.2011, the date of this order. Office will forward the LCR along with a copy of this order to the Forum.
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