Canadian study visa promise ‘fake’, student wins Rs 12.5 lakh from consultancy

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Due to evasive replies from the consultancy, the complainant independently verified her admission status with the institution and learnt that no record existed in her name. (AI-generated image)

The Chandigarh consumer commission has ordered a visa consultancy firm to refund Rs 12.35 lakh and pay compensation to a student on finding the firm liable for deficiency in service after failing to secure a promised Canadian study visa and admission despite collecting the hefty sum

Commission president Amrinder Singh Sidhu and member Brij Mohan Sharma were hearing the plea of Hoshiarpur resident Aastha Saini, 21, and found that the firm had issued documents showing that admission had been secured, even though the concerned Canadian institution later confirmed that no admission record existed in the student’s name

Outlining the conduct of the firm and its representative, the consumer body held in its order on June 29 that the parties had “failed to complete the promised services and thereafter not refunding the amount clearly amounts to deficiency in service as well as unfair trade practice.”

According to the complaint, Saini approached the consultancy after coming across its Facebook advertisement and engaged its services for obtaining a Canadian study visa. Relying on the firm’s assurances and the promises made by its authorised representative, Pushpinder Kaur, she paid Rs 12.35 lakh towards visa processing, admission-related formalities and other requirements

During the course of processing, the firm issued her an offer letter dated June 1, 2022, and a letter of acceptance dated June 27, 2022, indicating that the complainant had secured admission to a Canadian institution. However, due to repeated delays and evasive replies from the firm, she later independently verified the admission status with the institution, Academy of Learning (AOL College), which stated in an e-mail dated August 27, 2022, that no admission record existed in her name.

The complainant then approached the firm seeking an explanation and refund, but the latter attempted to shift the entire responsibility on Kaur, who was by then a former employee. Through a reply dated December 13, 2022, the firm allegedly denied receipt of the payments except Rs 35,000

Aggrieved, the complainant served a legal notice upon the firm demanding a refund of Rs 12.35 lakh, along with interest and compensation. Represented by advocate Deepak Arora, Saini eventually took the matter to the consumer commission

‘No reason to disbelieve testimony of complainant’

• The consumer body said the non-appearance of the firm for the proceedings showed that they have nothing to say in defence against the allegations.
• There is no reason to disbelieve the testimony of the complainant. The evidence establishes that the documents supplied by the firm during the course of visa processing were fake and that no admission had been secured.
• The complainant has successfully established a deficiency in service and unfair trade practice on the part of the firm.

Refund order

The commission directed the firm to refund Rs 12.35 lakh to the complainant along with interest at the rate of 9 per cent per annum from the respective dates of deposit till the date of actual realisation. They were also directed to pay a lump sum compensation of Rs 20,000 to the complainant within 45 days, towards harassment caused as well as litigation expenses

Significance of ruling

The ruling underscores that visa and immigration consultancies cannot evade liability by blaming individual employees when consumers have paid money based on representations made by the firm

For consumer-related grievances, individuals may contact the consumer helpline in their respective states and union territories (Chandigarh helpline: 0172-2700183) or call the National Consumer Helpline at 1915 for assistance

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