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



Worldwide Immigration Consultancy Services Ltd. & Others v/s Kulbir Singh Bajwa


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:- BAJWA IMMIGRATION PRIVATE LIMITED [Active] CIN = U74999PB2019PTC048932

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. 1324 of 2015

    Decided On, 05 July 2017

    At, National Consumer Disputes Redressal Commission NCDRC

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

    For the Petitioners: Sunil Goyal, Deepak, Advocates. For the Respondent: Rajat Sharma, Advocate.



Judgment Text

This revision petition has been filed by the Petitioner, Worldwide Immigration Consultancy Services Ltd against the order dated 23.2.2015 by the State Consumer Disputes Redressal Commission, Punjab (for short, State Commission) passed in F.A. No.1210/2011.

2. Brief facts of the case that are relevant for disposal of this revision petition are that the complainant/respondent availed services of OPs to get permanent residents immigration to Canada as agriculturist investor. The complainant paid all the due amounts as asked by the OPs. He paid Rs.40,000/- to OP-1 and US $ 2200 to OP-2 alongwith some other payments. The Canadian High Commission interviewed the complainant but his PR Visa application was rejected. After getting to know the dismissal of his application, the complainant sought refund of the refundable amount from the OPs but they did not properly respond. Then complainant filed consumer complaint No.644 of 2010 with the District Consumer Disputes Redressal Forum, Jalandhar. The complaint was resisted by the OPs by filing an application under Section 24(a) of the Consumer Protection Act, 1986 mentioning that the consumer complaint was barred by limitation. The District Forum after hearing the submissions of both the parties dismissed the complaint vide order dated 11.7.2011.

3. The complainant then preferred appeal bearing No.1210/2011 before the State Commission and the State Commission vide its order dated 23.2.2015 allowed the appeal partly which reads as under:

'In the light of above discussion, we set aside the order of the District Forum dated 11.7.2011 holding the complaint to be within time and remit this case to the District Forum, Jalandhar for its adjudication on its merits after recording the evidence of the parties, as permitted by the Act. The parties are directed to appear before District Forum, Jalandhar on 10.04.2015. Record be sent back to the District Forum, Jalandhar, so as to reach there well before the date fixed.'

4. Hence, the present revision petition.

5. Heard the learned counsel for both the parties and perused the record.

6. The learned counsel for the petitioners argued that the application for PR Visa was dismissed on 25.9.2008 and the same was communicated by the OPs to the complainant vide letter dated 3.10.2008 which was received by the complainant on 4.10.2008. By way of precaution another intimation was sent on 6.10.2008 which must have been received within 2-3 days of its dispatch. The complaint has been filed on 18.10.2010. Thus, the complaint has been filed after two years of cause of action and the same is clearly barred by limitation. It is on this basis that the District Forum after critically examining all the facts dismissed the complaint. However, the State Commission has given finding that the complaint is in time. As no application for condonation of delay has been filed, so there is no question of condoning any delay. The State Commission has given finding that the complainant came to know of rejection of his application only in December,2008 though no clear date is given in the order of the State Commission or in the complaint. Thus, State Commission has accepted the averment of the complainant as given in the complaint. It is totally false as the complainant has signed on the receipt of the delivery of the letter dated 3.10.2008. The State Commission has clearly overlooked the direct evidence available in the matter. The order of the State Commission is liable to be set aside.

7. On the other hand, the learned counsel for the complainant/respondent stated that the State Commission has given a clear finding that the letter dated 3.10.2008 and 6.10.2008 were not received by the complainant. It has also been held that the acknowledgement receipt alleging the signature of the complainant has not been filed. The complainant has clearly stated in the complaint that he contacted the OP only in December, 2008 to know the result of his Visa application because sufficient time had lapsed after the interview. When the complainant came to know of rejection of visa application in December, 2008, he was continuously pursuing with the OPs for refund of the refundable amount. When the complainant did not hear anything from the OPs even till 20.9.2010 he filed complaint on 18.10.2010. Thus, the cause of action actually arose when the OPs did not take any action for refund of the refundable amount to the complainant. Even the information of rejection of visa application was given to the complainant only in December, 2008. Hence, the State Commission has rightly held that the complaint is in time.

8. I have carefully gone through the material on record and have given a thoughtful consideration of the arguments advanced by learned counsel for both the parties. The learned State Commission in its impugned order has observed as under:

'Hence the submission of the OPs is that complainant signed on the proof of delivery POD No.714174366 regarding receipt of letter through Pafex Courier Service. Annexure R-3 has been addressed to the complainant, but it nowhere indicates that it was received by the complainant on the dates, as alleged by the OPs. No such courier receipt signed by the complainant has been brought to our notice on the record by the OPs. On the other hand, there is categorical stand of the complainant in his affidavit on the record that his rejection letter was not conveyed to him nor he received it. That he has not heard anything from the OPs till 20.09.2010. At the most, we can hold as per the pleadings of the parties and the affidavits that in absence of courier receipt, no such knowledge on the above dates can be attributed to the complainant. Consequently, in the absence of any courier receipt having been duly signed by the complainant as alleged by the OPs, it is difficult to hold that complainant got the actual knowledge of this rejection letter on 06.10.2008, as alleged by the OPs. There is no proof of these letters having been delivered to the complainant on the above dates, as per the pleadings of the OPs. Consequently, we hold that the complaint has been filed within a period of two years by the complainant from the date of his knowledge of rejection of PR application from the OPs on December 2008

9. From the above observation of the State Commission, it clearly comes out that the alleged receipt of delivery by the complainant was not placed on record and therefore, the State Commission was right in holding that there was no proof of delivery for the letters dated 3.10.2008 and 6.10.2008. Accordingly, the State Commission believed the version of the complainant that he received the information of rejection of his Visa application only in December, 2008. In my view, the main question here is to see what constitutes the cause of action in the present case. Clearly the cause of action is not the rejection of visa application because this cause of action could be relevant only if deficiency was alleged against the Canadian High Commission. In the complaint the deficiency has been alleged against the OPs who have taken money for consultancy and to facilitate arrangement of visa for the complainant. The complainant is praying for refund of the refundable amount in his complaint and the cause of action for this prayer would be rejection or denial of refund request or non-response by the OPs in this regard. The OPs have themselves not given any date for the request of complainant asking for the refund. However, the complainant has clearly stated that after he came to know about rejec

Please Login To View The Full Judgment!

tion of visa application, he requested OPs to refund the refundable amount. However, OPs tried to persuade him to apply for the visa again but the complainant refused the same and insisted for his refund of the amount paid. Looking from this point of view, the complaint has been filed within two years from the date of cause of action which continued from December, 2008 till filing of the complaint. 10. Based on the above discussion, I do not find any illegality or material irregularity or jurisdictional error in the impugned order of the State Commission which calls for any interference from this Commission. Accordingly, the RP No.1324 of 2015 is dismissed with no order as to costs. 11. Parties to appear before the District Forum on 08.08.2017 in pursuance to the order dated 23.2.2015 passed by the State Commission.
O R