Case No.CC/222/2016

Date of Institution:- 03.05.2016

Order Reserved on :- 01.04.2024

           Date of Order :- 24.10.2024

IN THE MATTER OF:

Mrs. ManindarKaurNarula

R/o House No. 80/61-B,

Malvivya Nagar,

Delhi – 110017.

          …..Complainant

VERSUS

A.A.S. Flight Solutions Pvt. Ltd.

Through the Director,

No.6 (First Floor), Sector-B,

Pocket-1, DDA Market, VasantKunj,

New Delhi – 110070.

… Opposite Party

O R D E R

Per R. C. YADAV , MEMBER

1. The brief facts of the case are thatthe complainant is working with IOCL and planned a holiday in Dubai with her family members between 25.12.2015 to 01.01.2016.  The complainant was going with her husband Sh. Balvinder Singh, daughter Ms. Tavleen Singh, and son Mr. Kunwarjot Singh Narula.  The complainant has booked a flight ticket of Jet Airways by both ways and the total cost of the air ticket was Rs.1,05,552/- (Rupees One Lakh Five Thousand Five Hundred Fifty Two).  The complainant also booked hotel(type apartment with 2 Bedrooms) in Dubai named Movenpick Hotel  Bur Dubai, four months in advance and incurred an expenses of Rs.10,620/- (Rupees Ten Thousand Six Hundred Twenty).  The complainant has contacted OP for Visa clearance and the OP has promised the complainant to provide visa clearance without any problem. The complainant has paid Rs.25,380/- (Rupees Twenty Five Thousand Three Hundred Eighty) including service taxes for four persons through internet banking vide invoice no. AFS/15-16/1171 dated 17.12.2015.  The complainant has provided scanned copy of passport having correct name, gender and photographs of four passengers to employee of the OP through email. On 25.12.2015, the complainant alongwith her family members reach airport well within advance with packed suitcase.  The complainant and her family members has checked in with their baggage, boarding passes were issued and at the final stage of entering the airport officials did not allow them to go further because in her daughter’s (MsTavleenKaurNarula) Visa it was mentioned as S/o instead of D/o.  The complainant and her family members were stunned and shocked with the incident. The complainant has contacted Mr. Dilip, employee of OP and he admitted his mistake and tried to convenience the airport officials but was of no use.  The complainant had to cancel the much awaited trip to Dubai only due to negligence of OP’s employee. The complainant was in continuous of contact of Mr. Dilip, who assured the complainant that rectification process has already been started and in the worst case by 27.12.2015. The complainant can re-plan to travel Dubai and return by 01.01.2016. The complainant re-booked air ticket of Rs.1,57,132/- (Rupees One Lakh Fifty Seven Thousand One Hundred Thirty Two) on 27.12.2015.  The complainant was regularly in contact with the OP and her family members were ready for travel on 27.12.2015 but again could not travel due to non-rectification of the mistake.  The OP has assured the complainant to compensate for their lapse but the OP has not compensated against their deficiency. The complainant has suffered with mental agony and frustrated  due to negligence done by OP’s employee. The complainant has sent legal notice to the OP on 29.02.2016 but the OP did not reply to the notice. The complainant has prayed for refund of Rs.1,12,996/-(Rupees One Lakh Twelve Thousand Nine Hundred Ninety Six) alonwith Rs.5,00,000/- for mental agony and harassment and Rs.21,000/- towards litigation cost.
2. Notice was served to OPand OP entered its appearance and filed written statement taking several preliminary objectionsincluding thaton 17.12.2015 the complainant approached the OP for obtaining tourist Visa for Dubai for complainant and her family members. The complainant has informed the OP that she had already booked the air ticket for Duabi on 15.12.2015 and she required assistance in obtaining the Visa. The complainant was a regular customer of OP and the OP agreed to provide Visa assistance to the complainant.  The OP has already informed the complainant that the OP was not directly involved in getting visa issued and for visa assistance services the OP utilizes the service of a third party namely Alwesam Travel & Tourism.  The complainant has paid Rs.25,380/- (Rupees Twenty Five Thousand Three Hundred Eighty) for visa assistance service on 17.12.2015.  The OP has stated that on 18.12.2015, the details of visa was forwarded to Alwesam Travel & Tourism. On 20.12.2015, the OP has received the visa’s of complainant and her family members and sent to the complainant. The OP has stated that visa of the complainant’s daughter was delivered on 20.12.2015 i.e. 5 days in advance of travel. The complainant has had ample time to check the visa and pointed out discrepancies if any for timely rectification but for the reasons best known to her the complainant had not even bothered to go through the visa to ensure that the visa in order. The OP has stated that the complainant was informed that the offices are closed on account of Christmas on 25.12.2015 and that 26.12.2015 was half day working for Dubai immigration office since it was Saturday, the application for rectified visa could not be expected to be processed before 27.12.2015.  On 29.12.2015, the correct visa for complainant’s daughter was issued and the same was sent to the complainant. The complainant again booked the air ticket her own and not consulted with the OP.   The OP has stated that the complaint of complainant is without merit, baseless and is liable to be dismissed.
3. In response to the written statement, the complainant has filed rejoinder reiterating the allegations made in the complaint and denying the allegations leveled in the written statement.
4. Both the parties have filed affidavit of evidence as well as written arguments in support of their respective case.
5. On 01.04.2024, the case was listed for arguments. No one has appeared on behalf of the OP.  We have heard the Ld. Proxy Counsel Sh. KrishanArora for complainant and he stated that the case be decided on the basis of material on record.  Hence, the case was reserved for order.
6. We have carefully considered the material on record and thoroughly perused the documents placed on record.
7. It is the case of the complainant that she had planned a holiday in Dubai with her family members between 25.12.2015 to 01.01.2016 and for that purpose shecontacted the OP for Visa clearance and the OP has promised the complainant to provide visa clearance without any problem. The complainant has paid Rs.25,380/- (Rupees Twenty Five Thousand Three Hundred Eighty) including service taxes for four persons through internet banking vide invoice no. AFS/15-16/1171 dated 17.12.2015.  The complainant has provided scanned copy of passport having correct name, gender and photographs of four passengers to employee of the OP through email. On 25.12.2015, the complainant alongwith her family members reach airport well within advance with packed suitcase.   The complainant and her family members has checked in with their baggage, boarding passes were issued and at the final stage of entering the airport officials did not allow them to go further because in her daughter’s (MsTavleenKaurNarula) Visa it was mentioned as S/o instead of D/o.  The complainant and her family members were stunned and shocked with the incident. The complainant has contacted Mr. Dilip, employee of OP and he admitted his mistake and tried to convenience the airport officials but was of no use.  The complainant had to cancel the much awaited trip to Dubai only due to negligence of OP’s employee. The complainant was in continuous of contact of Mr. Dilip, who assured the complainant that rectification process has already been started and in the worst case by 27.12.2015. The complainant can re-plan  to travel Dubai and return by 01.01.2016. The complainant re-booked air ticket of Rs.1,57,132/- (Rupees One Lakh Fifty Seven Thousand One Hundred Thirty Two) on 27.12.2015.  The complainant was regularly in contact with the OP and her family members were ready for travel on 27.12.2015 but again could not travel due to non-rectification of the mistake.  The OP has assured the complainant to compensate for their lapse but the OP has not compensated against their deficiency. The complainant has suffered with mental agony and frustrated due to negligence done by OP’s employee. The complainant has sent legal notice to the OP on 29.02.2016 but the OP did not reply to the notice.
8. It is the case of the complainant that the complainant had paid consideration Rs.25,380/- for visa assistance service to the OP.  The OP has not only failed to provide the visa assistance service of third party but also failed in providing correct visa to the complainant. The complainant has suffered mental agony and harassment for not visiting the designated tour to Dubai.Although the complainant could not confirm the corrections in visa but the OP was bound to check and issue the correct visa as the complainant has provided correct name and address of her daughter MsTavleenKaurNarula.  Hence, it is deficiency in service on part of the OP.
9. We are satisfied that this act on part of the OP constitutes deficiency in service and also unfair trade practice.
10. Accordingly, we allow the complaint of complainant and direct the OP to refund Rs.25,380/- (Rupees Twenty Five Thousand Three Hundred Three Hundred Eighty) to the complainant alongwthRs.15,000/- (Rupees Fifteen Thousand) as lumpsum for mental agony and litigation charges within 45 days from the date of receipt of the order failing which the OP shall be liable to pay entire amount alongwithinterest @ 6% p.a. till realization.

• Copy of the order be given/sent to the parties as per rule.
• The file be consigned to Record Room.
• Announced in the open Court on 24.10.2024.