BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

FA.NO.357 OF 2020 AGAINST ORDERS IN CC.NO.167 OF 2018, DISTRICT CONSUMER COMMISSION-II, HYDERABAD Between:

Archie Makhija, S/o.Sri Rajkumar Makhija Aged: 37 years, Occ: IT Consulration, R/o. Flat No.403, TNR Vasavi Emerald, Judges Colony, New Malakpet, Hyderabad – 500 036.

Presently residing at:

R/o.Flat No.804, RDB Blue Hope, Abids, Hyderabad – 500001.

.…Appellant/Complainant And

1. Worldwide Immigration Consultancy Service Ltd., Hyderabad Branch, Rep. by its Branch Manager, Laxmi Plaza, No.10-3-5, 5/1 & 5/2, Plot No.1, 3rd Floor, Entrenchment Road, East marredpally,, Beside Shenoy Nursing Home, Secunderabd.

2. Worldwide Immigration Consultancy Service Ltd., Lt.Coloneal B.S.Sandu (Retd.), Office at Flat No.A-12, Industrial Area, Phase-VI, SAS Nagar, Mohali, Punjab.

Rep. by its Chairman & Managing Director.

…..Respondents/Opp.Parties Counsel for the Appellant/Complainant : M/s.Katta Sravya Counsel for the Respondents/COpp.Parties : Sri N.Harinath Reddy QUORAM:

HON’BLE SMT.MEENA RAMANATHAN…IN-CHARGE PRESIDENT &

HON’BLE SRI V.V.SESHUBABU, MEMBER-JUDICIAL MONDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND TWENTY FIVE *******

Order : (Per Smt.Meena Ramanathan, Hon’ble In-charge President)

1. This appeal is filed by the Appellant/Complainant U/s.15 of Consumer Protection Act, 1986, praying this Commission to set aside order dated 17.02.2020 passed in CC.No.167/2018 on the file of Consumer Disputes Redressal Commission-II, Hyderabad and remand the matter back to lower court for passing appropriate order on merits within a time frame by giving opportunity to both the parties to argue the matter afresh and pass such other or orders as the State Commission may deem fit and proper in the circumstances of the case.

2. For the sake of convenience, the parties are described as arrayed in the complaint. The Appellant is the Complainant and the Respondents are the Opposite Parties in CC.No.167/2018.

3. Briefly stated, the facts are that – the Complainant initially paid an amount of Rs.25,000/- to the Opposite Parties towards professional fees. The Opposite Parties are a consultancy offering the services for the purpose of submission of all the requirements for immigration and permanent residence and visa cases. The Complainant was attracted by the advertisements exhibited by the Opposite Parties and entered into an agreement wherein the Opposite Parties promised him that the immigration process for Canada would be completed within 18 months, i.e., by November, 2003. He has filed the proof of the payments made but since the Opposite Parties failed to complete the process within the promised time, he has sought for refund of amount paid. He has been continuously corresponding with the Opposite Parties for cancelling the “gold package” and refund of monies but they have only refunded $ 600 and not the entire amount of $ 1500. The present complaint is filed for seeking the refund of entire amount along with compensation.

4. The Opposite Parties filed their written version stating that it is their defense that the case of the Complainant was terminated by the Canadian High Commission which was received by the Complainant on 14.12.2013 thus the limitation to file the present consumer complaint expires by 14.12.2015 but it was filed only on 16.04.2018 and is therefore barred by limitation. The present case is related to change in immigration rules by the Canadian Government which is beyond the control of the Opposite Parties.

The Complainant failed to submit all the necessary documents and the additional documents were received from the Complainant and forwarded to CHC only on 09.09.2004. It is sheer bad luck that the Canadian Government introduced a new Act namely Jobs, Growth and Long-term Prosperity Act, under which all applications made before 27.02.2008 were terminated.

5. The Complainant also entered into another contract with M/s.Global Strategic Business Consultancy, Dubai o