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Worldwide Immigration Consultancy Services Ltd. & Another v/s Ranjodh Singh & Another


Company & Directors' Information:- SINGH CONSULTANCY PRIVATE LIMITED [Strike Off] CIN = U74140DL2007PTC158739

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:- SINGH IMMIGRATION AND CONSULTANCY SERVICES PRIVATE LIMITED [Strike Off] CIN = U74995CH2005PTC028980

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. 1475 of 2015

    Decided On, 01 July 2015

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE J.M. MALIK
    By, PRESIDING MEMBER

    For the Petitioners: Sunil Goyal, Advocate. For the Respondents: ---------



Judgment Text

1. This is a case of a student Sh. Ranjodh Singh, the Complainant. He hired the service of the OPs namely, M/s Worldwide Immigration Consultancy Services Ltd. –OP-1, M/s WWICS Ltd.-OP-2 and MKC City College Cyprus-OP-3. OP-2 got the complainant admitted in OP-3 on 05.05.2009 and at his instance the complainant deposited fee in the sum of Rs. 3350/- Euro (i.e. Rs.2,21,150/- approximately) in the account of OP-3. However, the VISA Officers of Cyprus, rejected the VISA in favour of the complainant on the following three grounds:-

'1. The complainant did not know the duration of his studies;

1. The complainant did not know what foundation year is;

2. The complainant did not acknowledge his future business orientation'.

2. The OP No. 1 asked for refund of the money by two e-mails sent through it. However, it did not invoke any response. The complainant was forced to file this complaint against the above said three OPs with the prayer that a sum of Rs.2,09,880/- be refunded with interest by the above said OPs. He further demanded Rs.50,000/- as compensation and Rs.22,000/- as litigation expenses. The District Forum allowed the complaint and directed the OPs-1 & 2 to pay a sum of Rs.2,09,880/- and pay compensation in the sum of Rs.20,000/- as the student had lost one year and litigation expenses in the sum of Rs.2,000/- to the complainant.

3. The State Commission dismissed the appeal.

4. I have heard the counsel for the complainant at the time of admission of this case. He has invited my attention towards the contract of engagement. Clause 6 of the contract runs as follows:-

'6. Disclaimer

i) The chances of the client of getting admission in the educational institute of his/her choice and of issuance of student visa would depend on the merit of his/her profile, credentials and thus would vary from case to case.

ii) The Company shall act only as a representative of the Client before the educational institution of the choice of the Client. Therefore, the Client acknowledges and understands that he/she would not hold the Company responsible for any misdeed/cheating or fraud committed by the educational institution with the client.

iii) The Company shall not be responsible if any educational institution fails to refund the tuition fee or any other fee charged from the client, which the client pays to the educational institution concerned. It is not the responsibility of the Company to verify or establish credibility of any educational institution. The client is expected to do the same him/herself'.

Clause 7 mentions about other Terms and Conditions. Clause 7 (c) (v) runs as follows:-

'(7)(c)(v) Appearing for an interview before the selection staff of the educational institution as well as before the processing visa officer shall be the sole responsibility of the Client. Any failure on the part of the client to appear for the interview or to satisfy the interviewer shall not make the Company liable to any consequences'.

5. Counsel for petitioners vehemently argued that under these circumstances, no deficiency on the part of the petitioners/OPs-1 & 2 cannot be attributed. He prayed that orders passed by the Fora below should be set aside.

6. The next contention raised by the counsel for the petitioners is that due to good gesture, OP-1 sent two e-mails, which have been placed on the record. The relevant portion runs as follows:-

'Dear Joy

Greetings from WWICS….!!

One of my students named Gurpreet Singh has got visa and will reach the college on given date. But my two students Kuljeet Saini and Ranjodh Singh got rejection for same. Refund letters are already sent to you. Please process their refunds as soon as possible.

And also send the details for next session'.

Reminder was also issued.

7. However, there is no proof that these letters were actually received by the OP-3. Counsel for the petitioner lastly pleaded that he has not charged any money and he should not be saddled with such a heavy amount.

8. All these arguments are bereft of merit. As a matter of fact, the contract should be read holistically and not in vacua, for the benefit of one party and to the detriment of the other party. Clause 2 of the contract is crucial and determinative of the present controversy. It runs as follows:-

'2. Duties of the Company:

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

a. Assess the client according to the information provided by the client in his assessment form.

b. Assist the client in preparation of his/her case for grant of admission/student visa.

c. Provide check list of documents to the client.

d. Review and identify submission of required documents and supporting evidences.

e. Submit the complete case with supporting documentation and evidence along with the submission report to the processing visa office on the receipt of all requisite documents from the client.

f. Handle all correspondence with the respective High Commission pertaining to client’s case.

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

9. It is thus clear that the OPs did not discharge their duties properly. They could not assist the complainant in preparation of his case for grant of student VISA. He did not know even the basic questions. His VISA was rejected because he was not given the guidance required for the said purpose. He was not informed for how much years he has to study etc. Had he been assisted properly, he would have got the VISA. The requisite assistance was given hit or miss. The OP Nos. 1 and 2 did not make any effort to straighten out this most important fact. The evidence reveals that two out of three students could not get the VISA. The OPs are guilty of i

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naction and passivity. 10. This is also clear that the OPs-1 & 2 were having link with OP-3. They just sent e-mails and did not advise the petitioner to send a legal notice from the above said conduct and behaviour of OP-3. It is apparent that they were working in cahoots with OP-3. There is no evidence on the record that they ceased having relations with OP-3 or threatened them with legal consequences. A student pays fees to such like institutions for accomplishment of his work. The gullible village boys are led up the garden path. Such like institutions are large in promises but short in performances. Consequently, the Revision Petition is dismissed.
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