A consumer commission in Chandigarh ordered a visa consultancy firm to refund Rs 12.35 lakh to a student after it was proved that the firm failed to secure the promised admission and study visa for Canada despite collecting a large amount of money. The commission also directed the firm to pay interest on the amount and Rs 20,000 as compensation for harassment and litigation expenses, reported Indian Express Digital.

The order was passed on June 29 by Commission while deciding a complaint filed by 21-year-old Hoshiarpur resident Aastha Saini. The commission found that the consultancy had issued documents claiming that the student had secured admission to a Canadian institution. However, the institution later confirmed that no admission record existed in her name.

“Failed to complete the promised services and thereafter not refunding the amount clearly amounts to deficiency in service as well as unfair trade practice,” the consumer commission said, according to the Indian Express Digital report. 

How did the dispute begin?

According to the complaint, Saini approached the consultancy after seeing its advertisement on Facebook. The firm assured her that it would arrange admission to a Canadian institution and obtain a study visa.  Trusting these assurances, she paid Rs 12.35 lakh towards visa processing, admission formalities and other related services.

During the process, the consultancy issued an offer letter dated June 1, 2022, followed by a letter of acceptance dated June 27, 2022, reported Indian Express Digital. Both documents suggested that she had secured admission to Academy of Learning (AOL College) in Canada.

However, the visa process did not move forward as promised. The student alleged that the consultancy kept delaying the matter and gave evasive replies whenever she sought updates.

She later contacted the Canadian institution directly to verify her admission status. In an email dated August 27, 2022, the institution informed her that it had no admission record in her name. After learning this, Saini approached the consultancy and demanded an explanation along with a refund of the money she had paid.

The firm allegedly shifted the responsibility to Pushpinder Kaur, its former authorised representative. In a reply dated December 13, 2022, the consultancy denied receiving the payments except for Rs 35,000, reported Indian Express Digital.

Unhappy with the response, Saini served a legal notice seeking a refund of Rs 12.35 lakh along with interest and compensation.

What did commission say?

The commission observed that the consultancy did not appear during the proceedings to defend itself. It said the firm’s absence suggested that it had nothing to say against the allegations made by the complainant.

The commission accepted the student’s evidence and held that there was no reason to doubt her testimony. “There is no reason to disbelieve the testimony of the complainant,” the commission said, as reported by Indian Express Digital.

It added that the documents issued by the consultancy during the visa process were fake and that no admission had actually been secured at the Canadian institution. The commission said that the complainant had successfully proved deficiency in service as well as unfair trade practice by the consultancy.

In its final order, the consumer commission directed the firm to refund Rs 12.35 lakh with interest at the rate of 9 per cent per annum from the respective dates on which the payments were made until the amount is fully paid, reported Indian Express Digital.

The commission also ordered the consultancy to pay Rs 20,000 as a lump sum amount towards compensation for the mental harassment suffered by the student and to cover litigation expenses. It directed the firm to comply with the order within 45 days.