ORDER

BY SRI.H.R.SRINIVAS, PRESIDENT.

1.     This is the Complaint filed by the Complainant under Section 12 of Consumer Protection Act 1986, against the Opposite Party (herein referred in short as O.P) alleging the deficiency in service in not submitting the application for VISA well in time and thereby could not carry on the tour and for refund of Rs.60,000/- paid for the VISA charges along with the interest at 18% per annum and for compensation of Rs.3,40,000/- (1200 US DOLLAR as conference registration charge and 555 Australian Dollars spent for booking hotel accommodation and for other reliefs as this forum deems fit.

2.     The brief facts of the complaint are that: the complainant had a conference in Australia and planned his journey on 19.02.2017. He obtained the services of OP for getting VISA for Australia and Malaysia and approached him on 10.01.2017. One Imran Khan of OP collected the original pass ports and other required documents and the cheque for the fare amount and for VISA on 11.07.2017.  OP also assured him in writing that the passport along with the VISA will be delivered to him within 15 days i.e. from 11.07.2017. He was following the progress continuously with OP. Always OP was informing him not to worry about the VISA and it will be provided in time. The proprietor of OP one FIYAZ also assured that the application has been processed and the VISA would be issued and not to worry for the same.  He came to know that OP applied for VISA on his behalf on 08.02.2017. 

3.     Complainant came to know from his friends that it will take  10 to 20 days for the Australian embassy to process and issue VISA.  He immediately contacted Fayaz  the Proprietor of OP and enquired about the status of VISA and he started telling him on 17.02.2017 that  he may have to postpone the Air ticket, even though OP was very well aware regarding his tour programme and that he will not get any refund of the Air Ticket and also the International conference cannot be postposed. 

4.     It is contended that though he had given all the documents and the requisite fee much earlier to get the VISA, Op was careless in making application to the concerned and there by spoiled his business prospectus and also carrier in the business which made him to suffer huge financial loss.

5.     Complainant brought the same to the notice of Op and also demanded him to compensate the damage the financial loss he suffered. He also suffered mentally and humiliated and harassed in front of his colleagues and relatives. OP is responsible for the same and liable to compensate him and there is no justification for OPs negligence.  He had to issue legal notice on 24.03.2017 demanding him to refund the air fare, the expenses and the compensation for loss suffered due to the negligence and deficiency of service by Op.  Prompt and quick action would have got him the VISA.  Op has mislead him and hence the complaint.

6.     Upon the service of notice, OP appeared through its counsel and filed its version contending that the complaint is fraudulent, mischievous, vexatious and not maintainable in law or on facts and prayed the forum to dismiss the same. He has denied all the allegations made in each and every para of the complaint. 

7.     OP has further contended that the complainant approached him on 10.01.2017 for Australian Visa and one Imran Khan collected the original pass port of the complainant for the following process for obtaining Australian, Malaysian Visa he has also collected cheque towards the fare and also necessary documents for processing VISA on 11.01.2017, and it has also issued a reply stating that the VISA would be  delivered within 15 days from 11.01.2017. Complainant only issued cheque for Australian visa and not for Malaysian Visa. They had informed that VISA process will take some time for which complainant had agreed.

8.     Since VISA was not received in time from consulate office, OP cannot be held responsible and that he not liable to pay damages of Rs.3,40,000/- as claimed. The delay is not in its hands. OP has been mentally disturbed at the hand of the complainant. He is not liable to pay the conference charges and the accommodation charges and the business loss.  He is not responsible for the same and hence prayed to dismiss the complaint.

9.     In order to prove the case, Complainant and OP have filed their affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1) Whether there is deficiency in service

    on the part of OP?

2) Whether the Complainant is entitled to

   the relief prayed for in the complaint?

10.   WE ANSWER:-

POINT NO.1 :   In the Affirmative.

POINT No.2  : Partly in the affirmative.

                                For the following.

REASONS

POINT No.1:-

11.   On perusing the complaint, version evidence and the documents filed by the complainant and OP, it becomes clear that, the complainant entrusted the booking of the ticket and providing VISA to OP by paying the Air Ticket charge of Rs.37,139/- and Rs.12,600/- 'being the Australian Visa and Malaysian Visa charges.  Though OP has stated that he has received cost of Australian Visa charges and not for Malaysian Visa charges and no evidence in that respect is produced. 

12.   Ex P1 is the letter written on 11.01.2017  by the OP stating clearly that they will deliver the passport along with VISA within 15 days   and the same has been signed by one Imran Khan. Ex.P2 is the Email correspondences wherein the complainant has brought to the notice that due to negligence, he missed the first ever Genesys APAC  conference 2017, which was very critical in their business and resulted in huge business loss. He also mentioned that Air Ticket cost Rs.37,139/- Conference registration fee 1200 USD, 555 (AUD) Australian Dollars for hotel accommodation and business loss of Rs.23,00,000. 

13.   On 17.02.2017 he has made correspondence and chat with airlines regarding Malaysian Visa and also regarding refund of the Air fare.  Ex.P4 is the letter issued by Australian Government Department of Immigration and border prevention wherein he was granted VISA on 28.02.2017 and the application acknowledgement date 08.02.2017. That means, OP has applied for VISA on behalf of the complainant only on 08.02.2017 to the Australian embassy, though he had collected the cheque, the pass port and all the relevant documents on 11.01.2017 itself which resulted in delayed issue of VISA. Ex P5 is the copy of the legal notice sent to OP which has been received at Ex. P5(a) i.e. Postal Acknowledgement. Ex.P6 is the invitation informing inviting for the conference and the conference to be held at Sofitel Gold Coast Broadbeach form 20.02.2017 to 22.02.2017 and he has paid the amount of Rs.37,139/- towards air ticket.

14.   The copy of the flight tickets are also produced.  When these documents are taken into consideration, Op has been very careless and negligent in making the application to the concerned authorities for VISA and as mentioned above, though he collected the PASSPORT and other documents and also the cheque for the services and the air ticket on 11.01.2017 itself, as per the VISA issued by the Australian Embassy, OP made the application only on 08.02.2017 whereas journey date was on 20.02.2017. Hence we are of the opinion that there is negligence and carelessness on the part of OP in submitting the application for VISA belatedly and hence there is deficiency in service on the part of OP. hence we answer POINT NO.1 IN THE AFFIRMATIVE.

POINT NO.2

15.   In the result the complainant could not get the VISA and hence could not go to Australia to attend the conference.  This is only due to the delay in submitting the VISA application and hence the embassy could not process the application and issue VISA Well in Time.

16.   Hence we are of the opinion that OP is liable to refund the Airfare of Rs.37,139/- since the documents filed by the complainant clearly shows that complainant is not entitle for refund of the airfare and only entitle for taxes levied on the air ticket.

17.   Complainant has sought VISA charges from the OP.  On the other hand, complainant has received VISA belatedly. Hence it may not be proper for us to order OP to refund the amount collected towards VISA charges for Australia but entitle for refund of VISA charges for Malaysia i.e. Rs.3500/-. On the other hand we are of the opinion since there is deficiency in service on the part of OP, a sum of Rs.50,000/- as damages if ordered to be paid by OP to the complainant would meet the ends of justice.

18.   Further the complainant had incurred expenses of registering for the conference which he wanted to attend by paying 1200 US dollars and also 555 Australian dollars for seeking accommodation during the conference time and the same would not be returned for any reasons. Hence and since complainant could not make to the conference due to the negligence act of the OP in submitting the application for VISA which the embassy could not process and issue in time, the said amount of Rs.3,40,000/- are to be paid by OP to the complainant. Further we are of the opinion that, OP is also liable to pay a sum of Rs.10,000/- towards litigation expenses, since it did not get the matter settled amicably when the notice was issued and made the complainant to file this complaint by engaging an advocate by paying his professional fee and also had to use his valuable time in attending the complaint before this Forum.  Hence we answer POINT NO.2 PARTLY IN THE AFFIRMATIVE and pass the following:-

ORDER

1.     The Complaint is allowed in part with cost.

2. OP i.e. Best Vissa Travel & Tours, Represented by its Proprietor /Authorized Signatory is hereby directed to pay Rs.3,500/- being the cost of the Malaysian VISA charges, Rs.3,40,000/- being the amount of registration charges for the conference and hotel accommodation to the complainant along with interest at 12% per annum on the said sum from 19.02.2017 till the payment of the entire amount.

3. OP is further directed to pay a sum of Rs.50,000/- towards damages and Rs.10,000/- towards cost of the litigation and other charges.

4.     The O.P is hereby directed to comply the above order at within 30 days from the date of receipt of this order and submit the compliance report to this forum within 15 days thereafter.

5.     Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order failing which the same will be destroyed as per the C.P. Act and Rules thereon.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this 16^th  AUGUST 2019)

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1 Copy of the Letter issued by OP to the complainant.

Ex P2:Copy of the email conversation between the complainant and OP

Ex P3:Copy of the conversation of complainant airline help line.

Ex P4: Copy of the notification of grant visa

Ex P5: Copy of the notice along with acknowledgement and postal receipt

Ex P6: Copies Email showing the invitation of Genesys partner conference.

Ex P7:Copy of the credit card.

Ex P8: Copy of the E-statement of ICICI Bank showing bank

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: Sri KA.Fayaz, Proprietor of OP.

Copies of Documents produced on behalf of Opposite Party/s

-Nil-

MEMBER                        PRESIDENT

A*