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



World Wide Immigration Consultancy Services Ltd. & Others v/s Rajiv Negandhi


Company & Directors' Information:- I SERVICES INDIA PRIVATE LIMITED [Active] CIN = U72900DL2003PTC118851

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

Company & Directors' Information:- S T SERVICES LTD [Active] CIN = L74140WB1989PLC047210

Company & Directors' Information:- M G F SERVICES LIMITED [Amalgamated] CIN = U65910DL1987PLC029599

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U65100DL1989PTC038061

Company & Directors' Information:- R S SERVICES PRIVATE LIMITED [Active] CIN = U74900DL1989PTC038061

Company & Directors' Information:- S J SERVICES PRIVATE LIMITED [Active] CIN = U74140DL1988PTC034427

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

Company & Directors' Information:- AMP E - SERVICES PRIVATE LIMITED [Active] CIN = U51909MN2013PTC008361

Company & Directors' Information:- E M SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U93090MH2001PTC131924

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

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L51226WB1983PLC035807

Company & Directors' Information:- L M J SERVICES LTD [Active] CIN = L93000WB1983PLC035807

Company & Directors' Information:- G K SERVICES PRIVATE LIMITED [Active] CIN = U65990MH1994PTC078529

Company & Directors' Information:- A K SERVICES PRIVATE LIMITED [Active] CIN = U74899MH1986PTC268851

Company & Directors' Information:- B V SERVICES PVT LTD [Active] CIN = U74140WB1991PTC050946

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

Company & Directors' Information:- I S A SERVICES PRIVATE LIMITED [Active] CIN = U74140JH1995PTC006387

Company & Directors' Information:- RAJIV AND COMPANY PRIVATE LIMITED [Active] CIN = U45400UP2013PTC059574

Company & Directors' Information:- E I C SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1985PTC022426

Company & Directors' Information:- R. R. WORLD LIMITED [Active] CIN = U51900MH2008PLC178856

Company & Directors' Information:- WORLD SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900MH2001PTC131777

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:- A C SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC070774

Company & Directors' Information:- H S SERVICES PRIVATE LIMITED [Active] CIN = U74900KA2014PTC074321

Company & Directors' Information:- G V INDIA SERVICES PRIVATE LIMITED [Active] CIN = U74900DL2010PTC212026

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:- A TO Z SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2007PTC168484

Company & Directors' Information:- O P T SERVICES INDIA PRIVATE LIMITED [Active] CIN = U63013DL1996PTC083397

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

Company & Directors' Information:- P P SERVICES PVT LTD [Active] CIN = U70101WB1991PTC051423

Company & Directors' Information:- A P T SERVICES PRIVATE LIMITED [Amalgamated] CIN = U29219TG1999PTC031903

Company & Directors' Information:- S S SERVICES PVT LTD [Active] CIN = U51109AS1993PTC003956

Company & Directors' Information:- G & G SERVICES PRIVATE LIMITED [Active] CIN = U45201DL2012PTC230905

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:- A N Y SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071457

Company & Directors' Information:- N B SERVICES PRIVATE LIMITED [Active] CIN = U74899DL1993PTC056484

Company & Directors' Information:- P C SERVICES PRIVATE LIMITED [Strike Off] CIN = U00894KA1985PTC006606

Company & Directors' Information:- M. V. S SERVICES INDIA PRIVATE LIMITED [Active] CIN = U93000DL2013PTC252172

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:- S D SERVICES PVT LTD [Active] CIN = U51109AS1998PTC005293

Company & Directors' Information:- H AND B SERVICES LIMITED [Strike Off] CIN = U72900MH2004PTC145775

Company & Directors' Information:- C & R SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140KA1996PTC019645

Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

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

Company & Directors' Information:- A. H. SERVICES PRIVATE LIMITED [Active] CIN = U74990MH2009PTC193917

Company & Directors' Information:- M E R I T SERVICES PRIVATE LIMITED [Strike Off] CIN = U51900MH1999PTC118445

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900MH2009PTC293633

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

Company & Directors' Information:- P F P SERVICES PRIVATE LIMITED [Active] CIN = U74900WB2009PTC139742

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:- J. S. P. SERVICES PRIVATE LIMITED [Active] CIN = U63040DL1996PTC075731

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

Company & Directors' Information:- INDIA SERVICES LIMITED [Liquidated] CIN = U99999TN1946PLC000976

Company & Directors' Information:- U M S SERVICES LIMITED [Active] CIN = U03210TZ1982PLC001208

Company & Directors' Information:- A T E SERVICES LIMITED [Strike Off] CIN = U74140MH2001PTC132923

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

Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

Company & Directors' Information:- S R V N SERVICES PRIVATE LIMITED [Strike Off] CIN = U50200DL2004PTC124035

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:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

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

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

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

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

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

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

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

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

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:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

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:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

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:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

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

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:- 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:- S S D SERVICES PRIVATE LIMITED [Active] CIN = U74910RJ1996PTC012694

Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- S R WORLD PRIVATE LIMITED [Strike Off] CIN = U45400MH2013PTC249798

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

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

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 H S CONSULTANCY PRIVATE LIMITED [Active] CIN = U74120MH2013PTC250345

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

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:- 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:- S N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900JK2014PTC004110

Company & Directors' Information:- WORLD WIDE SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2012PTC033857

Company & Directors' Information:- R N SERVICES PRIVATE LIMITED [Strike Off] CIN = U74900CH2013PTC034757

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:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

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:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

Company & Directors' Information:- V. S. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2012PTC233958

Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

Company & Directors' Information:- A R J SERVICES PRIVATE LIMITED [Active] CIN = U72200DL2015PTC286948

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

Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

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

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

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

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

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:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

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:- B 9 N SERVICES PRIVATE LIMITED [Active] CIN = U74900KL2012PTC032087

Company & Directors' Information:- V J SERVICES PRIVATE LIMITED [Strike Off] CIN = U29242GJ2013PTC074510

Company & Directors' Information:- N I SERVICES PRIVATE LIMITED [Strike Off] CIN = U64202KL2000PTC014355

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

Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

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:- 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:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

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:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

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

    First Appeal No. A/1027/2017

    Decided On, 27 February 2020

    At, West Bengal State Consumer Disputes Redressal Commission Kolkata

    By, THE HONOURABLE MR. SHYAMAL GUPTA
    By, PRESIDING MEMBER & THE HONOURABLE MR. UTPAL KUMAR BHATTACHARYA
    By, MEMBER

    For the Appellant: Malini Chakraborty, Advocate. For the Respondent: Raj Rajehwar Sinha, Advocate.



Judgment Text


Utpal Kumar Bhattacharya, Member

Being aggrieved with the judgment and order dated 10.08.2017 passed by the Ld. District Forum, Unit—I Kolkata in Complaint Case No. 13/603, the Appellant/OP filed the instant Appeal u/s 15 of the C.P Act, 1986. In the impugned judgment and order, the Ld. District Forum directed the Appellant/OP to refund a sum of Rs. 1,68,540/- only to the Respondent/Complainant along with compensation of Rs. 3,00,000/- for the mental agony and harassment that the Respondent/Complainant had to suffer from due to the allegedly unlawful trade, practice resorted to by the Appellant/OP and litigation cost of Rs.10,000/-.

The impugned order was directed to be complied with by the Appellant/OP within 30 days from the date on which it was passed, failing which, as ordered, interest @ 10% p.a. should accrue to the entire sum due to the credit of the Complainant till full realization.

Briefly stated, the fact having relevance with the instant complaint was that the Appellant/OP No. 1 Company, the World’s highest immigration group, claimed to be having legacy of excellence in delivering comprehensive re-settlement package consisting of immigration, placement and settlement services providing job from foreign employers to the aspiring candidates, convinced the Respondent/Complainant of a guaranteed delivery of complete service once the Respondent/Complainant entered into an Agreement with the Appellants/OPs to that effect.

A convinced Respondent/Complainant, with a view to availing himself of the immigration services, contacted the office of the Respondent/OP No. 1 expressing his interest to that effect. He was made to understand that the Appellants/OPs would entertain his proposal only after examining his eligibility for the proposed immigration. The visa, as explained, would be finally arranged only after availing an employment offer. The Respondent/Complainant was informed that Canada would be the best suited country considering his knowledge and experience and for processing his proposal, he was to pay a service charge termed as retention fee for an amount of Rs. 1,50,000/- excluding service taxes. The Respondent/Complainant was provided with a flow chart detailing therein the phase wise steps of actions to be taken by the Appellant/OP for processing the proposal. Since the day the Respondent/Complainant got himself introduced with the Appellant/OP office, the Appellants/OPs started creating pressure on the Respondent/Complainant through constant telephone calls without even his eligibility being properly assessed and his bio-data evaluated. The Appellants/OPs, with the intention to make the condition of the Respondent/Complainant more critical not allowing him the least breathing space to take a vital decision of life, kept on putting pressure on the Respondent/Complainant for making immediate payment as, what was informed, any delay might enhance charges to be paid for the purpose.

The Respondent/Complainant, as alleged, in a created compelling circumstance, had to enter into an Agreement putting an amount of Rs. 1,68,540/- through HDFC Banker’s cheque No. 091777 dated 26.09.2012.

As alleged, the Appellants/OPs preferred to remain silent about the fate of the proposal after the payment was made. The Respondent/Complainant’s visit to the office of the Appellant/OP No. 1 could not even enable him to get the update of his proposal. What was more, the Appellants/OPs demanded from the Respondent/Complainant a further payment of USD 5,500, being the second stage payment, which was not disclosed earlier, nor even did it figure in the flow chart of the Appellants/OPs at that point of time.

The Respondent/Complainant was shocked to know that the above mentioned amount for the second stage was demanded within a period of seven days since the date of first payment was made when the fact remained that the second payment was scheduled to be made at the time of job offer which was likely to take at least 6 to 8 months time. The Respondent/Complainant in or about April, 2017 received information from the Appellants/OPs that he did not qualify in the category of the skill criteria published by the Canadian High Commission, the reason of it, however, as alleged, was never divulged to the Respondent/Complainant. The Respondent/Complainant, being disappointed with the activities of the Appellants/OPs, demanded refund of his money from them which was responded to by the Appellants/OPs through an email dated 06.05.2013 where they agreed to repay an amount of Rs. 50,000/- only. They, however, agreed subsequently to pay a further refund of Rs. 50,000/- only. The Respondent/Complainant got humiliated and sustained a severe mental agony when the Appellants/OPs even dared to ignore the legal notice for refund of the entire amount, initiated at the instance of the Respondent/Complainant on his behalf.

Finding no other alternative, the Respondent/Complainant filed the Complaint Case before the Ld. District Forum. Impugned judgment and order originated from the said complaint case.

Heard Ld. Advocates appearing on behalf of both sides.

Ld. Advocate appearing on behalf of the Appellants/OPs submitted that the Respondent/Complainant had withdrawn himself voluntarily from the contract after signing the Agreement rendering themselves not eligible to any refund as per provisions of Clauses 10—A (i)(2) of the contract.

As submitted further, they had entered into a separate contract with one M/S Global strategic Business Consultancy, Dubai with whom the Respondent/Complainant had entered into a separate contract of engagement signing the contract form himself but refused to pay them the contractual amount of Rs. 5,500 USD.

The Ld. Advocate continued to submit that the Respondent/Complainant changed his mind for obtaining job offer in Nova Scotia Immigrant Programme and thereafter, tried to wriggle out of the contract after learning about the process he was to be gone through without submitting the documents he was supposed to supply mandatorily for the proposal to be processed.

As submitted, the Respondent/Complainant, by filing the complaint case, had tried to apply pressure tactics for deriving the full refund which, as per policy terms, he was never entitled to. Still, as he continued, the Appellants/OPs out of their goodwill gesture, offered the Respondent/Complainant a repayment of Rs. 1,00,000/- which the Respondent/Complainant refused to accept and filed the complaint case.

As he continued, the permanent immigration was a subject purely within the domain of the Canadian High Commission. The rejection of immigration proposal was, as he submitted, not supposed to be intervened or modified by any immigration consultant.

Ld. Advocate, with the submission as above, prayed for allowing the Appeal setting aside the impugned judgment and order.

Ld. Advocate appearing on behalf of the Respondent/Complainant, per contra, after describing, in brief, the issue in the lines of the complaint petition, submitted that the Appellants/OPs were vocal about non-submission of the documents for processing his case but he could not file even a piece of paper wherefrom it would come apparent that the Respondent/Complainant was ever informed through any kind of communication from them about the documents, in specific, what the Respondent/Complainant was needed to supply.

The Ld. Advocate informed the Bench that the repeated persuasions of the Respondent/Complainant for having information about the documents, in specific, that he needed to furnish, had fallen in deaf ears of the Appellants/OPs.

As regards their demand for an amount of Rs. 5,500 USD for their performance in second stage, the Ld. Advocate submitted the Agreement at running page 68 was almost a replica of the first one which the Appellants/OPs had very cleverly got signed in blank by the Respondent/Complainant without letting him know the purpose of the same. As submitted, it was explained to them on subsequent query that the second Agreement was with another company at Dubai which was supposed to provide the Respondent/Complainant with post landing services in Canada. As he continued, it was peculiar that the Appellants/OPs preferred a premature claim for post landing services when their preliminary services were yet to take any shape. This, as observed by them, was an indication of their unlawful trade practice for grabbing money from their poor customers.

Ld. Advocate, with his submission as above, prayed for the Appeal to be dismissed setting aside the impugned judgment and order.

Perused the papers on record. Considered submissions of the Ld. Advocates appearing on behalf of both sides.

The record revealed that the Respondent/Complainant paid an amount of Rs. 1,68,540/- in advance as retention fee after signing the Agreement. It further appeared that the second Agreement with a separate company was also signed by him. We have plethora of decisions where the Hon’ble Apex Court observed that the parties were bound by the terms and Agreement and any deviation from the same by the participating sides would amount to a breach of condition, not acceptable in the eye of law. In this context, we may rely upon the observation of the Hon’ble Apex Court in Civil Appeal No. 9057 of 1996, decided on May 9, 1996 [Bharathi Knitting Company—Vs—DHL Worldwide Express Courier Division of Airfreight Limited] wherein the Hon’ble Apex Court observed, “when a person signs a document which contains certain contractual terms, normally parties are bound by such contract; it is for the party to establish exception in a suit. When a party to the contract disputes the binding nature of the signed document, it is for him to prove the terms in the contract or circumstances in which he came to sign the documents need to be established. Although in an appropriate case, the Tribunal without trenching upon acute disputed question of facts may decide the validity of the terms of the contract based upon the fact situation and may grant remedy, but each case depends upon its own facts. In an appropriate case where there is an acute dispute of facts necessarily the tribunal has to refer the parties to original civil court established under the CPC or appropriate State law to have the claims decided between the parties. But when there is a specific term in the contract, the parties are bound by the terms in the contract.”

In view of the above, the Respondent/Complainant’s ignorance about the execution of the second Agreement, as pleaded by his Ld. Advocate at the time of hearing of the Appeal, seemed to be idle and devoid of any merit.

We, however, are not at one with the argument made by the Ld. Advocate of the Appellants/OPs about the innocence of his client as was pleaded by him at the time of hearing of the Appeal. The Respondent/Complainant’s claim of not being provided with the list of the documents to be supplied to him by the Appellants/OPs in spite of repeated demand went uncontroverted leaving reasons for considering the ingredients of truth in the said claim. Our observation became firmer as the record was found to be devoid of any communication from the Appellants/OPs seeking from the Respondent/Complainant the documents they desired to be submitted by the Respondent/Complainant. This helped the Bench arrive at a conclusion that the Respondent/Complainant was not sufficiently explained about the documents he needed to supply for processing the proposal which he should have been well explained by the Appellants/OPs before execution of Agreement was taken place so as to realize how far he was capable of procuring the subject documents. This was of more relevance with the issue in view of the fact that the eligibility criteria of the Respondent/Complainant was assessed by the Appellants/OPs before sending the proposal to immigration office, Canada. Running page 34, being the part of the flow chart supplied by the Appellant/OP Company revealed that there was a provision for payment of 5,500/- USD after the job offer was given to the aspirer. That meant it was a post landing payment as claimed by the Respondent/Complainant. The demand of the premature payment when the very immigration proposal came out unsuccessful, appeared to be surprising and inexplicable.

The Appellants/OPs themselves had realized their activities to be out of proportion when they accepted the demand of refund to th

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e tune of Rs. 1,00,000/- out of total amount of Rs.1,68,934/- paid by the Respondent/Complainant. In consideration of the facts and circumstances narrated above, we are of the view that there was contributory negligence of both sides on the instant occasion when the negligence of the Appellant/OP outweighed that of the Respondent/Complainant. Going by the provision laid down under Clause 9 at running page 59, we feel it wise that a refund order for an amount of Rs. 1,26,405/-, after deducting 25% from the paid amount of Rs. 1,68,540/-, to be passed for payment to the Respondent/Complainant together with reasonable amount of cost and compensation. Hence, Ordered that the Appeal be and same stands allowed in part. The Appellants/OPs are hereby directed to pay to the Respondent/Complainant an amount of Rs. 1,26,405/- as refund. They are further directed to pay to the Respondent/Complainant a litigation cost and compensation for the amounts of Rs. 5,000/- and Rs. 15,000/- respectively. Entire order has to be carried out within 45 days from the date of the instant order failing which, simple interest @ 9% p.a. shall accrue to Rs.1,41,405/-, being the total of the refund amount and compensation, from the date of default till the entire decretal amount is fully realized. Impugned judgment and order stands modified accordingly.
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