GLOBAL EDUCATION Vs. MUKESH PRABHULAL CHAUHAN

JUDGEMENT

(1.) The complainant / respondent hired the services of the petitioner for the purpose of migrating to Canada on a work Visa. The complainant was holding a Degree of Bachelor of Commerce, at the time he hired or engaged the services of the petitioner. Since no visa was received by the complainant, despite he having paid Rs.2,50,000.00 to the petitioner, he sought refund of the amount, which he paid to the petitioner. Thereupon, the petitioner gave a firm assurance to him to arrange employment offer letter on payment of an additional amount of Rs.1,50,000.00. The complainant thus made a total payment of Rs.4.00 lacs to the petitioner in different stages. However, no work visa was issued to him nor was the amount paid by him to the petitioner refunded despite the petitioner having promised to apply the principle of "no visa no fee", at the time its services were hired. The complainant therefore, approached the concerned District Forum by way of a consumer complaint, seeking refund of the amount of Rs.4,00,000.00 with compensation.

(2.) The complaint was resisted by the petitioner, which did not dispute the receipt of Rs.4,00,000.00 from the complainant and stated that initially they had arranged employment of Opinion Confirmation (AEO) for the employment of the complainant as Supervisor, Landscape and Horticulture. However, the application of the complainant was rejected by Canadian High Commission, on the ground that one of the requirements for the position was experience in the occupation of maintaining lawns, gardens etc., which the complainant did not possess. The petitioner then arranged an employment offer for the position of Book Keeper for the complainant, from Shell Canada Ltd., on 20.3.2009. The second application for grant of permanent residence was submitted by the complainant through another agency and was rejected on the ground that he had obtained insufficient points to qualify for permanent residence in Canada, the minimum requirement being 67 points whereas, the complainant had secured 57 points. It was further stated in the rejection letter that the arranged employment Opinion Confirmation had English Language requirement whereas the complainant had only basic proficiency in written English and did not have English proficiency to meet the Language requirements of the Arranged Employment Opinion Confirmation. He was awarded zero marks each for Arranged Employment and the Adaptability.

(3.) The District Forum having ruled in favour of the complainant, the petitioner approached the concerned State Commission by way of an appeal. Vide impugned order dated 23.10.2018, the State Commission dismissed the appeal thereby maintaining the direction of the District Forum to the Petitioner to refund the amount of Rs.4,00,000.00 to the complainant along with 9% interest, compensation quantified at Rs.10,000.00 and the cost of litigation quantified at Rs.3,000.00.