Immigration Consultant Liable For Misrepresenting Canadian College Admission, Chandigarh Consumer Commission Orders ₹12.35 Lakh Refund

The District Consumer Disputes Redressal Commission-II, U.T. Chandigarh, comprising President Mr. Amrinder Singh Sidhu and Member Mr. B.M. Sharma, has held Ravinder Singh, proprietor of BB Council, an immigration consultancy, and Pushpinder Kaur liable for deficiency in service and unfair trade practice for misrepresenting that a student's admission to a Canadian college had been secured and supplying admission-related documents that were found to be non-genuine. Facts The complainant approached the opposite party i.e. BB Council after seeing their Facebook advertisement offering Canadian study visa services. Trusting their services, she engaged them to obtain a Canadian study visa and paid Rs.12,35,000/- for visa processing, tuition fees, GIC requirements etc. The consultancy showed her an offer letter and a letter of acceptance claiming that the complainant had secured admission in a Canadian College. However, when the complainant independently contacted the Academy of Learning (AOL College), Canada, the institution informed her through email that no admission record existed in her name. When she sought a refund, the consultancy refused and attributed responsibility to its former employee, Pushpinder Kaur. Aggrieved by all this, the complainant reached the Consumer Commission. During the proceedings, Ravinder Singh (Opposite Party No.2) and Pushpinder Kaur (Opposite Party No.4) failed to appear despite service and were proceeded against ex parte. On the complainant's application, the Commission dispensed with service upon BB Council (Opposite Party No.1) and Pushpinder Kaur (Opposite Party No.3). Decision The Commission observed that the complainant's sworn affidavit constituted substantive evidence and that, in the absence of any rebuttal or contrary evidence, there was no reason to disbelieve her testimony regarding the payments made to the consultancy, despite the absence of receipts for the cash payments. It accepted the complainant's explanation that the consultancy had failed to issue receipts despite repeated demands. The Commission further relied on the email correspondence from the Academy of Learning (AOL College), Canada, confirming that no admission record existed in the complainant's name, and held that the admission-related documents supplied during the visa process were not genuine. It concluded that Ravinder Singh and Pushpinder Kaur, after receiving consideration for processing the complainant's study visa and representing that admission had been secured, failed to provide the promised services and refused to refund the amount, thereby committing deficiency in service as well as an unfair trade practice. The Commission partly allowed the complaint and directed Ravinder Singh (Opposite Party No.2) and Pushpinder Kaur (Opposite Party No.4) to refund ₹12,35,000 to the complainant along with interest at the rate of 9% per annum from the respective dates of deposit until its actual realization. It also directed them to pay a lump sum of ₹20,000 towards compensation for the harassment caused and litigation expenses, with the order to be complied with within 45 days from the date of receipt of its certified copy Case Title: Aastha Saini vs BB CouncilCase Number: DC/AB1/44/CC/223/2023 Click here to read/download the order

Immigration Consultant Liable For Misrepresenting Canadian College Admission, Chandigarh Consumer Commission Orders ₹12.35 Lakh Refund

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Immigration Consultant Liable For Misrepresenting Canadian College Admission, Chandigarh Consumer Commission Orders ₹12.35 Lakh Refund

Apoorva Pandita

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Apoorva Pandita

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