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



M/s. Worldwide Immigration Consultancy Services Ltd., through its Chief Managing Director & Others v/s Joginder Kumar


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:- 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

    Appeal No. 100 of 2016

    Decided On, 02 June 2016

    At, Punjab State Consumer Disputes Redressal Commission Chandigarh

    By, THE HONOURABLE MR. JUSTICE JASBIR SINGH (RETD.)
    By, PRESIDENT
    By, THE HONOURABLE MR. DEV RAJ
    By, MEMBER & THE HONOURABLE MRS. PADMA PANDEY
    By, MEMBER

    For the Appellants: Raman Walia, Advocate. For the Respondent: Ramneek Vasudeva, Advocate.



Judgment Text

Dev Raj, Member

1. This appeal has been filed by the Opposite Parties (now appellants), against the order dated 19.02.2016, rendered by the District Consumer Disputes Redressal Forum-I, U.T., Chandigarh (in short ‘the Forum’), vide which, consumer complaint bearing No.403 of 2015 was allowed by the Forum in the following manner:-

'13. In view of the above discussion, we are of the opinion that the present complaint should succeed. The same is accordingly, allowed. The Opposite Party is directed:-

[a] To refund fee deposited by the Complainant after deducting 10% of the total fee deposited by the Complainant;

[b] To pay Rs.25,000/- on account of deficiency in service and causing mental and physical harassment to the Complainant;

[c] To pay Rs.12,500/- as costs of litigation;

14. The above said order shall be complied within 30 days of its receipt by the Opposite Party; thereafter, it shall be liable for an interest @12% per annum on the amount mentioned in per sub-para [a] and [b] above, apart from paying costs of litigation of Rs.12,500/-, from the date of institution of this complaint, till it is paid.'

2. The facts in brief are that the complainant in the month of July 2012 approached the Opposite Parties Chandigarh Branch regarding permanent immigration to Canada and on their assurances, the complainant in order to process his case under Saskatchewan Immigrant Nominee Programme (SINP) for immigration to Canada, paid a sum of Rs.1,01,124/- on 18.7.2012 to Opposite Party No.1 at Chandigarh. The complainant was allotted File No.70172. The complainant submitted all required documents asked for by the Opposite Parties for the said SINP business category programme for immigration to Canada in the month of December, 2012. Thereafter the complainant was asked to deposit 8,500 US dollars i.e. Rs.4,73,110/- in favour of Global Strategic Business Consultancy, which he deposited on 14.12.2012. Subsequently, the complainant in the month of February, 2013 met the Manager of WWICS i.e. Opposite Party No.3 and asked about the progress of his case and the complainant was told to wait for 2-3 months. Thereafter, in July 2013, the complainant again approached the Opposite Parties and he was told that due to heavy rush, it would take some more time. The complainant was asked to deposit 1600 U.S. dollar, which were accordingly paid by him vide receipt (Annexure C-4). Again in the month of November, 2013, the complainant approached the Opposite Parties but they gave the same lame excuses and again demanded 100 U.S. dollar from the complainant which he paid vide Annexure C-5. It was stated that despite waiting sufficiently and assurance given by the Opposite Parties regarding finalization of immigration case of the complainant within 9-12 months, and even after paying Rs.6,73,713/-, there was no response from the Opposite Parties. The complainant sought refund from the Opposite Parties vide letter (Annexure C-6) but they refused to do so on the ground that the deposited amount was non-refundable. Ultimately, the complainant sent legal notice to the Opposite Parties but to no avail. It was further stated that the aforesaid acts of the Opposite Parties amounted to deficiency, in rendering service, and indulgence into unfair trade practice. When the grievance of the complainant, was not redressed, left with no alternative, a complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter to be called as the Act only) was filed seeking various reliefs.

3. The Opposite Parties, in their written statement, admitted that the complainant approached them and entered into two separate contract i.e. Contract of Engagements dated 14.7.2012 with M/s WWICS Ltd. and another Contract of Engagement dated 14.7.2012 with M/s GSBC, Dubai for Saskatchewan immigrant programme. It was stated that the complainant paid an amount of Rs.90,000/- to M/s WWICS Ltd. as professional fee and US $8500 (Rs.4,73,110.00) to M/s GSBC, Dubai making a total of Rs.5,63,110/- and the application for Saskatchewan Immigrant Nominee programe was duly filed with the Canadian Immigrant authority. It was further stated that the complainant was informed by the Canadian Immigration Authority that third party verification would be required. It was further stated that the complainant accordingly gave undertaking regarding the same and his complete case for third party verification was sent to the concerned immigration authority vide letter dated 11.10.2013. It was further stated that the complainant also entered into a separate retainer agreement dated 11.6.2013 with the third party verification agency vide Annexure R-10. It was further stated that when the case of the complainant was at the final stage, due to personal difficulty of the complainant, the complainant wriggled out of the contract of Engagement for the reason that he could not arrange the required 72500 Canadian dollar as per clause 2(f) of the Engagement (R-1) and asked for refund vide application dated 10.6.2014. It was further stated that an amount of Rs.3,25,000/- was offered for payment before the Forum but same was not accepted by the Counsel for the complainant. The other amounts were paid by the complainant to third party verification agency namely MNPLLP, with which, he entered into contract of engagement, directly as per requirement of the Canadian Immigration Authorities. It was further stated that neither there was any deficiency, in rendering service, on the part of the Opposite Parties, nor they indulged into any unfair trade practice. The remaining averments, were denied, being wrong.

4. The complainant filed replication, wherein, he reiterated all the averments, contained in the complaint, and repudiated the same, contained in the written version of the Opposite Parties.

5. The parties led evidence, in support of their case.

6. After hearing the Counsel for the parties and, on going through the evidence, and record of the case, the Forum, allowed the complaint, vide the impugned order, as stated above.

7. Feeling aggrieved, the Opposite Parties have filed the instant appeal.

8. We have heard the Counsel for the parties, and have gone through the evidence and record of the case, carefully.

9. It is vehemently contended by Counsel for the appellants/Opposite Parties that the respondent/complainant was duly advised and guided about necessary documents for preparing and filing the case and there was no deficiency in service on the part of the appellants at any point of time. It was also the case of the appellants that the respondent was not entitled to any refund in view of Clause 11(I) of the Contract of engagement (Annexure R-1), which was duly signed by the respondent, where it was specifically stated that 'the services provided by the company being professional in nature, the entire fee is non-refundable.' It was argued that as a goodwill gesture, out of total amount of Rs.5,63,110/-, an amount of Rs.3,25,000/- was offered to the respondent before the Forum, but he refused to accept the same. It was contended that the appellanst filed immigration case on behalf of the respondent/complainant on 10.01.2013 and it was only on 23.05.2015 that the Government of Saskatchewan informed the appellants Company that third party verification would be required in all the applications, which was further informed to the respondent vide letter dated 29.05.2013. It was stated that it was the respondent who wriggled out of the contract of engagement as he could not arrange the required 72500 Canadian Dollar and sought refund vide application dated 10.06.2014.

10. Noting above arguments, and on perusal of documents on record, the Forum vide impugned order, rightly held that neither the Opposite Parties supported the complainant nor they performed their duties up to the level as enumerated in Clause No.1 of Contract of Engagement (Page 112 of Forum’s file) nor extended support to the complainant, as was required under Clause No.18 (Page 108 of Forum’s file), which are extracted hereunder:-

'1. Duties of the Company:

In consultation with its associates at various locations, the Company shall provide the following services:

a) Ascertain the eligibility of the client for the programme on the basis of information provided by him/her in the assessment form.

b) Prepare preliminary application of the client for onward submission with the Saskatchewan Provincial Nominee Authorities.

c) Prepare visitor visa application of the client to go on explanatory visit after receiving approval on preliminary application from Saskatchewan PNP Authorities.

d) After the Business Establishment Plan (BEP) is prepared, prepare formal application for nomination certificate.

e) After receipt of the nomination certificate from Saskatchewan PNP Authorities, prepare and submit application for work permit in case the client wants to go to Saskatchewan before getting the Permanent Resident Visa.

f) After received of nomination certificate from SINP authorities prepared and submit application for permanent residency before the concerned visa authorities.

g) Assist the client in keeping his/her file up to date.

h) Assist the client in preparing for the interview to be conducted by the Saskatchewan PNP Authorities and Visa post.

i) Correspond with the Federal & Provincial immigration authorities with respect to the case of the client.'

18. Support to the Client:

a) The Client would be provided with specialized services by a team of professionals having vast experience and exposure in their relevant fields, this includes processing, accumulation of relevant documents, vetting and ultimately filing of the case with the Canadian High Commission.

b) Client’s case for immigration would be prepared & submitted for processing under the supervision of Mr. Vishal Chaudhri who has been engaged by the Company to handle Canadian Immigration Matters. Mr. Vishal Chaudhri is a member in good standing with the Law Society of Upper Canada.'

11. The argument of the Counsel for the appellants that though they had filed immigration case on behalf of the respondent/complainant on 10.01.2013 but it was only on 23.05.2015 that the Government of Saskatchewan informed them that third party verification would be required in all the applications, cannot be accepted because being expert in handling the immigration matters to foreign countries, the appellants were required to be conversant with procedure and latest rules & regulations governing immigration. Had the appellants been vigilant/careful and conversant with the latest rules/regulations, they could have pursued third party verification at an early stage. Delay and non-pursual thereof would amount to providing deficient service.

12. Contention of Counsel for the appellants that the amount paid by the respondent, being non-refundable amount, cannot be refunded to the respondent was rightly negated by the Forum. It (Forum) in Paras 11 and 12, extracted hereunder, rightly held that since the Opposite Parties retained and used the huge amount paid by the complainant for a long period of time, at least a reasonable part of total fee must be refunded to him after deducting the processing fee:-

'11. After careful perusal of the file, we feel that no one can estimate the pain and agony of people who could not get the desired destination i.e. settlement in abroad, as in the present case, which was the ultimate dream of the Complainant. Further, even after spending huge amount, the Complainant had to face the failure of his attempt to settle abroad. Ultimately, after giving great harassment to the Complainant, the Opposite Party refunded some amount out of the total money to the Complainant, during the pendency of the case, without explaining the reason and extent of the deduction(s) which it has made on its own. Therefore, the act of the Opposite Party in retaining the money of the Complainant for a long period, forcing the Complainant to indulge into unnecessary litigation and then refunding some amount during the pendency of the case itself proves deficiency in service on its part.

12. Undoubtedly, the Complainant hired the services of the Opposite Party for processing his case to settle abroad, but it is also a matte

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r of fact that the Opposite Party retained and used the huge amount deposited by the Complainant for a long period of time. We feel that at least a reasonable part of total fee must be refunded to the Complainant by the Opposite Party after deducting the processing fee at the most to the tune of 10% of the total fee deposited by the Complainant with the Opposite Party.' In view of above, we do not find any ground ot interfere in the order under challenge. 13. The Forum taking note of pain and sufferings undergone by the respondent has rightly granted compensation to the tune of Rs.25,000/-,and litigation costs to the tune of Rs.12,500/-, which, in our opinion, are justified. 14. No other point, was urged, by Counsel for the appellants. 15. In view of the above discussion, it is held that the order passed by the Forum, being based on the correct appreciation of evidence, and law, on the point, does not suffer from any illegality or perversity, warranting the interference of this Commission. 16. For the reasons recorded above, the appeal, being devoid of merit, must fail, and the same is dismissed, with no order as to costs. The order of the Forum is upheld. 17. Certified copies of this order, be sent to the parties, free of charge. 18. The file be consigned to Record Room, after completion.
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