DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD
Dated this 04th day of January 2023
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri.Krishnankutty N.K., Member
Date of filing: 20/07/2019
CC/198/2019
Sara Philip
W/o K.S.Philip (Late),
Bayoola Cottage
Poothannoor (PO), 9th Mail - Complainant
Mundur, Palakkad – 678 592
(By Adv. Kusumam.S)
Vs
1. Akhil Isakh
YO Smart Travel Agencies Pvt. Ltd.
Safeena Mansions, Ravipuram
MG Road, Ernakulam
2. The Manager
YO Smart Travel Agencies Pvt. Ltd.
Safeena Mansions, Ravipuram
MG Road, Ernakulam - Opposite parties
(Opposite parties 1 & 2 by Adv. K.N.Abhijith)
O R D E R
By Smt. Vidya.A, Member
1. Pleadings of the complainant in brief
Complainant approached Yo Smart Travel Agency for visa appointment on 23/05/2019. As per their request she send the sponsor letter and details for filling the application through WhatsApp. On 24/05/2019, she send Rs.15000/- (Visa fees Rs.12500/- + Service charge Rs.2500/-) through Federal Bank. But the opposite party did not inform the complainant the details of the documents to be presented for getting visa appointment. Only after the payment of the fees, the opposite party informed the complainant that visa appointments are full till June last and even if she gets visa, she will be able to reach only by July 7th. The programme which she had to attend was from July 4th to 7th. She got information from her friend that even after stamping Visa, it will take another 7 working days to get the passport.
On 27/05/2019 4P.M, the complainant called the opposite party office for enquiring whether the application is send or not. The lady staff who attended the call made her believe that the application would have been sent. The opposite party was on leave on that day. On receiving information from the staff, he called the complainant immediately and the complainant told him that if there is further delay in sending it, no need to send it. The opposite party told that he had entrusted his staff to send it and if it is not sent, he will make necessary arrangements for sending it on the next day after reaching office.
On 28/05/2019, 4:17 P.M the opposite party informed her that the application is not send. The complainant asked for the refund of the amount. After 2 weeks they refunded Rs.12000/- after deducting Rs.3000/- as service charge. The complainant’s friends arranged sponsorship for attending the program inorder to get relief from her personal grievances and for getting financial benefit. Because of the deficiency in service on the part of the opposite parties, she could not attend the program. This caused mental agony and financial loss to her. So this complaint is filed to get a compensation of Rs.50000/- for the financial and mental agony suffered by her and Rs.3000/- being the amount collected as service charge.
2. Complaint was admitted and notices were issued to the opposite parties. The opposite parties entered appearance and filed version.
3. The main contention raised by the opposite parties in their version is as follows:
The opposite party firm Yo Smart Travels is engaged in the business of arranging tour programs and visa service. On 22/05/2019, the complainant contacted the opposite party through phone in connection with US Visa appointment. The opposite party informed her about the details and documents to be submitted for that purpose. They further told her that now they are getting US appointments for June 20 to 24. On 23/05/2019, after noon the complainant’s son contacted through phone and gave the mail-id of an internet café and asked to send the details in that mail-id. As per his request, the opposite party send a questionnaire form containing the details needed for filling the application. They got reply from the complainant on 23/05/2019, 5:10P.M. It contained only the passport copy and invitation letter. It did not have the date of birth and details of parents for filling the visa application. When they contacted the complainant, they came to know that earlier she had visited US. As per the information given by the complainant, the date of visit was 07/04/2001. The opposite party filled the D.S.160 Form and send to the complainant for making necessary corrections and asked her to send the previous visa copy and exit-entry details. On reading that message, she informed that she is in a prayer meeting and will send the details after reaching home. She send reply on 25/05/2019 04:25 P.M. Since it was a Bank holiday and the opposite party’s office working time on 25/05/2019 being Saturday is only upto afternoon, they could not send the visa fee on that day. On 25/05/2019 after 4:25 P.M the complainant called the opposite party to enquire about the documents to be produced at the time of interview. The opposite party informed that she will get interview date only after payment of visa fee and it can be done only on 27/05/2019. After that only she has to get the documents ready.
There are 2 stages in applying for U.S Visa: (1) DS Form confirmation and (2) Profile ID creation. The opposite party filled the above information and send to the complainant through WhatsApp. The complainant send the Exit-Entry date on Saturday evening and they saw the message only on 27/05/2019. On seeing difference in the visa issue date, the opposite party again corrected the form. On 27/05/2019, afternoon the complainant informed opposite party that she came to knew from her friend that she will get appointment only in July last week, so she had decided to attend the conference next time. The opposite parties tried their best to make her understand that the exact date will be known only after payment. But she was not ready to hear and told that she will go only for next meeting. On 28/05/2019, when the opposite party called her to know the next convention date, she demanded refund of the amount. The opposite party informed her that they will refund Rs.12,000/- after deducting their fees plus GST and it will be refunded to her only when their manager reaches after his foreign visit.
The mistake in the exit-entry date happened due to complainant’s fault. The opposite party took only their service charge. There is no Deficiency in service on their part. Their duty is to fill the application after collecting necessary details from the client and they have properly did it. Granting of visa is the discretion of the U.S Consulate and the opposite party has nothing to do with it. Complaint is without any bonafides and it has to be dismissed with their cost.
4. From the pleadings of both parties, the following points arise for consideration.
- Whether the complainant had submitted the necessary details in time and whether there is any Deficiency in service on the party of the opposite party in applying for the Visa?
- Whether there is any other Deficiency in service on the part of opposite party?
- Whether the complainant is entitled to the reliefs claimed?
- Reliefs as cost and compensation.
5. Complainant filed proof affidavit and Ext.A1 and Ext.A2 were marked. Complainant was examined as PW1. Opposite party also filed their proof affidavit and Ext.B1 to Ext.B6 were marked. Marking of documents were objected by the complainant on the ground of absence of S.65B certification. Later, the opposite parties filed S.65B certification under Indian Evidences Act and the documents were admitted in evidence. The 2nd opposite party, Managing Director of YO Smart Travel was examined as DW1. Evidence closed. Complainant filed notes of argument.
6. Point No.1
The complaint averment is that the complainant approached the opposite parties Travel Agency on 23/05/2019 for getting Visa appointment. As per their request she send the details for filling the application on that day. On 24/05/2019, she paid Rs.15,000/- towards Visa fee plus service charge. The opposite parties send mail on 24/05/2019 asking for previous Exit-Entry stamp copy. As she was not there at home on that day, she send the information on 25/05/2019, 4:25 P.M. 26/05/2019 being Sunday was holiday for the Travel Agency. On 27/05/2019, the Manager was on leave, but he promised to send it on that day itself through their staff. When the complainant contacted the opposite parties office on 27/05/2019, the staff who attended the call was not sure about the status of application. The complainant informed her that if it is not send on that day, there is no need to send it because she will not be able to attend the program which is to be held from July 4th to 7th. On 28/05/2019, the 2nd opposite party informed her that the application is not send.
7. The opposite parties contention in this regard is that on 23/05/2019 the complainant’s son contacted them and gave the e-mail id of an internet café. They send a questionnaire to be filled for applying for U.S Visa and asked to send it immediately. The complainant send the details only on 23/05/2019, 5:10 P.M. On verification it is found that the complainant send only the passport copy and invitation letter and other details and documents necessary for filling the application was not there. On inspection, the opposite parties understood that the complainant had visited U.S earlier. So they contacted her on 24/05/2019 to know the details including date of visit. As per the information given by her, the previous date was 07/04/2001. The opposite parties filled the D.160 Form and send it to her on 24/05/2019, 12:58 P.M through WhatsApp to make necessary corrections. Even though she read it at 01:57 P.M, she send the reply on the next day i.e. 25/05/2019 04:25 P.M. 25/05/2019, Saturday was half working day for Opposite party’s office and 26/05/2019, Sunday being holiday, they could not send the Visa fee. On 27/05/2019 afternoon complainant called opposite party’s office and asked them not to send the form. Even though they tried to make her understand that only after payment, the appointment date will be known and she will get appointment in June itself, she was not willing to hear it.
8. Ext.B1, the e-mail send by 1st opposite party to the complainant through internet café shows that the opposite parties had asked the complainant to fill and send the details required for U.S.A Visa application together with passport copy and sponsor letter on 23/05/2019 at 14:51 (02:51 P.M). She send reply on 23/05/2019 05:10 P.M, which is clear from another e-mail communication produced by the opposite party. Opposite party stated that on verification they found only the passport copy and invitation letter and other details needed for filling the application was missing. On inspection they found that the complainant had visited U.S earlier and the date of Exit-Entry visa is important for filling the D.S 160 Form. As per the information given by the complainant they filled it as 07/04/2001 and send it to complainant through WhatsApp for verification and for mailing necessary corrections. They send this message on 24/05/2019 12:58 P.M. Ext.B-2 shows the WhatsApp chat at 12:58 P.M. But the complainant send reply only on 25/05/2019.
9. Complainant’s deposition page No: 4 reads as “24-ാം തീയതി cash കൊടുത്ത ശേഷം നിങ്ങളുടെ WhatsApp ലേക്ക് previous U.S Visa & U.S Exit-Entry stamp in passport അയച്ചു നൽകാൻ ആവശ്യപ്പെട്ടു (Q) ആവശ്യപ്പെട്ടു (A). അന്ന് അത് എനിക്ക് അയച്ചു കൊടുക്കാൻ സാധിച്ചില്ല. 25ാം തീയതി വൈകുന്നേരം 04:15 നാണ് അയച്ചു കൊടുത്തത്. 26 ാം തീയതി ഒരു ഞായറാഴ്ച ആയിരുന്നു. അന്ന് bank ഇടപാടുകൾ ഇല്ലാത്ത ദിവസമാണെന്നുള്ളത് ശരിയാണ്”. So she herself admitted that there was a delay in sending the necessary details required for filling the application. This led to the delay in completing the Visa application and making it ready for submission. No deficiency in service can be attributed on the opposite parties because they could not fill the application and send it due to the delay in getting necessary details from the complainant. Point No.1 is decided accordingly.
10. Points 2 to 4
From the complainant’s deposition itself it is clear that she send the necessary details for filling the application only on 25/05/2019, 04:15 P.M and 26/05/2019, a holiday. On 27/05/2019 she called the opposite parties office and informed that if the application is not send, there is no need to send it after. Accordingly the opposite parties did not send the application as per the instruction given by the complainant. Further they have returned Rs. 12,000/- to the complainant after deducting their service charge of Rs. 3,000/-.
So there is no deficiency in service on the part of the opposite parties and the complainant is not entitled to the reliefs claimed.
In the result, the complaint is dismissed.
Pronounced in the open court on this the 4th day of January, 2023.
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K
Member
APPENDIX
Documents marked from the side of the Complainant-
Ext.A1: Copy of U.S Visa Exit-Entry Stamp dated 23/02/1999.
Ext.A2: Deposit/PAY-IN-SLIP issued by Federal Bank, dated 24/05/2019.
Documents marked from the side of opposite party-
Ext.B1: Copy of the e-mails sent by opposite party.
Ext.B2: Copy of WhatsApp chat.
Ext.B3: Copy of D.S.160 confirmation.
Ext.B4: Copy of submitted application.
Ext.B5: Copy of visa application profile.
Ext.B6: Copy of GST chellan.
Witness examined –
PW1 – Sara Philip - Complainant
DW1 – Joyichan Joseph (MD - Yo Smart Travel)- 2nd opposite party
Cost- NIL
NB: Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they be weeded out.
