IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA

Dated this the 20^th day of April, 2010.

Present : Sri. Jacob Stephen (President)

Smt. C. Lathika Bhai (Member)

Sri. N. Premkumar (Member)

C.C.No.97/09

Between:

Maju. V. Mathew,

S/o. Mariamma Mathew,

Vilayil Thekkethil, Manjinikkara,

Omalloor.P.O., Kozhencherry Taluk.

(By Adv.P. Appu)                                                                            .....       Complainant

And:

1. AL-FAHAD Tours & Travels,

41/3737 C, 2^nd Floor,

Syed Muhammed Complex,

Providence Road, Opp.Family Court,

Cochin – 682 018.

2. Majoy Mathew, Veloor Vadakkethil,

S/o. Mathew, Mathoor.P.O.,

Pathanamthitta Dist.                                                            .....       Opposite parties.

O R D E R

Smt. C. Lathika Bhai (Member):

                        The complainant has filed this complaint against the opposite parties for getting a relief from the Forum.

                        2. The fact of the complaint is as follows:  The complainant is an unemployed youth having ITI Qualification in Diesel mechanism and sufficient experience in this field.  The 2^nd opposite party believed the complainant that he is working as an agent of the 1^st opposite party and he will arrange a job visa to the complainant at Damam.  On 15.10.07 the complainant along with 2^nd opposite party went to the 1^st opposite party’s office and paid an amount of Rs.40,000/- for arranging the visa and the 1^st opposite party assured that the visa will get within one month.  After that the 1^st opposite party directed the complainant to give his passport for verification and other formalities and also demanded to pay an amount of Rs.30,000/- for the Air ticket.  As such on 21.11.07 the complainant had paid Rs.30,000/- to the 1^st opposite party.  After that there was no response from the opposite parties and they will not arrange the visa to the complainant as agreed.  Hence the complainant demanded the 1^st opposite party to return the money he paid to the 1^st opposite party. After that through mediators he approached the 1^st opposite party for getting the money. On 16.8.08 1^st opposite party returned an amount of Rs.15,000/- to the complainant.  The balance amount has not been given to the complainant till this date.  The act of the opposite parties amounts to a deficiency in service and which caused mental agony financial loss and other inconveniences to the complainant hence he filed this complaint for getting an order for directing the opposite parties to pay the balance amount of Rs.55,000/- along with 12% interest from the opposite parties along with a cost and compensation.  The complainant prays for allowing the complaint.

                        3. The opposite parties have not appeared or filed version hence they set exparte and remained as such.

4. The points for consideration in this complaint are the following:-

(1)   Whether the complaint is maintainable before the Forum?

(2)   Whether the complainant is entitled to get a relief from the Forum

as against the opposite parties?

(3)   Relief and Costs?

            5. The evidence in this case consists of the proof affidavit and 4 documents filed by the complainant’s mother, authorised agent of the complainant.  On the basis of the proof affidavit, the documents produced by the complainant were marked as Exts.A1 to A4.  There is no oral or documentary evidence from opposite parties.  After closure of the evidence, complainant heard.

            6. The complainant’s case is that the opposite parties have received an amount of Rs.70,000/- from the complainant by believing the complainant that they will arrange a job visa at Damam to the complainant within one month from the date of receipt of the amount.  On the direction of the 1^st opposite party he had given the passport for verification and other formalities needed for getting the job visa.  But after two months from the date of receipt of the money the opposite parties have not made any arrangements and there was no response from the opposite parties.  Hence the complainant himself and through mediators approached opposite parties for getting back the money paid to the 1^st opposite party.  After that, 1^st opposite party returned an amount of Rs.15,000/- to the complainant.  Therefore he filed this complaint for getting the balance amount from the opposite parties along with other reliefs as sought for in the complaint.

            7. In order to prove the complainant’s case, the complainant’s authorised representative filed a proof affidavit along with Ext.A1 to A4.  Ext.A1 is the visa application form GCC Code No.01/05/02.  Ext.A2 is the receipt issued by the 1^st opposite party to the complainant for the acceptance of Rs.30,000/- from the complainant for air ticket.  Ext.A3 is the Health Checkup report issued from GAMCA Cochin to the complainant.  Ext.A4 is the medical report issued from the Gulshan Medicare to the complainant.

            8. On going through the evidence in this case, the materials on records show that the complainant had made preparations needed for getting a job visa.  Ext.A1 shows that an application form for visa has been issued to the complainant from Consulate General of Saudi Arabia, Mumbai.  Ext.A3 and A4 show that he had obtained medical fitness certificate for submitting the Saudi Consulate for getting a job visa.  Ext.A2 receipt issued by the 1^st opposite party proves that the complainant had paid an amount of Rs.30,000/- to the 1^st opposite party for air ticket.  All the documents clearly prove that the complainant had complied all the formalities required for getting the visa.  But there is no evidence to show that the opposite parties have made arrangements for issuing visa to the complainant.  After receiving the demanded money from the complainant and after complying all the formalities by the complainant as requested by the opposite parties for issuing visa the non-action and non availing of visa from the part of the opposite parties is a clear deficiency in service and the opposite parties are liable to compensate the same.

            9. Ext.A2 receipt proves the acceptance of Rs.30,000/- for air ticket from the complainant by 1^st opposite party.  There is no evidence from the complainant to prove the payment of Rs.40,000/- to the 1^st opposite party for getting visa.  The complainant admitted that he had received an amount of Rs.15,000/- from 1^st opposite party on 16.8.08. Therefore the complainant is entitled only to get the balance amount of Rs.15,000/- as per Ext.A2 from the 1^st opposite party.  Without any evidence for proving the payment of Rs.40,000/- to the 1^st opposite party, the complainant’s claim for allowing Rs.40,000/- is not allowable.

            10. On the basis of the above discussions, we find a clear deficiency in service from the part of the opposite parties and the complainant is entitled to get a reasonable compensation from opposite parties.  The complainant is also entitled to get the balance amount of Rs.15,000/- from the 1^st opposite party as per Ext.A2 receipt with interest.  1^st & 2^nd opposite party is jointly liable to pay the compensation and cost to the complainant.

            11. In the result, the complaint is allowed, thereby the complainant is allowed to realise an amount of Rs.15,000/- (Rupees Fifteen Thousand only) from the 1^st opposite party with an interest at the rate of 10% per annum from the date of filing of this complaint till this date.  The complainant is also allowed to realise an amount of Rs.10,000/- (Rupees Ten Thousand only) as compensation along with cost of Rs.2,500/- (Rupees Two Thousand Five hundred only) from the opposite parties jointly.  The opposite parties are directed to comply this order within one month from the date of receipt of this order, failing which an interest at the rate of 12% will be paid to the complainant till the whole payment from today. 

            Declared in the Open Forum on this the 20^th day of April, 2010.

                                                                                                                   (Sd/-)

                                                                                                            C. Lathika Bhai,

                                                                                                                 (Member)

Sri. Jacob Stephen (President)                    :           (Sd/-)

Sri. N. Premkumar (Member)                    :           (Sd/-)

Appendix:

Witness examined on the side of the complainant  :  Nil.

Exhibits marked on the side of the complainant:

A1       :          Visa Application Form.

A2       :           Photocopy of the receipt dated 20.11.2007 for Rs.30,000/- issued by  

                        the first opposite party to the complainant.

A3       :           Health Checkup Report.

A4       :           Medical Report.

Witness examined on the side of the opposite parties  :  Nil.

Exhibits marked on the side of the opposite parties      :  Nil.

                                                                                                (By Order)

                                                                                        Senior Superintendent.

Copy to:- (1) Maju. V. Mathew, Vilayil Thekkethil, Manjinikkara,

                       Omalloor.P.O., Kozhencherry Taluk.

(2)   AL-FAHAD Tours & Travels, 41/3737 C, 2^nd Floor, Syed Muhammed Complex, Providence Road, Opp.Family Court, Cochin – 682 018.

(3)   Majoy Mathew, Veloor Vadakkethil, Mathoor.P.O., Pathanamthitta Dist.

(4)   The Stock File.