Judgment : Dt.21.9.2017

Shri S. K. Verma, President.

            This is a complaint made by one Sri Ashish Kumar Bhattacharyya, 21, Lake Place, P.S.-Tollygunge, Kolkata-700 029 against Club7 Holiday Limited, having office at 10, Lanesdowne Terrace, Kolkata-700 026 praying for a direction upon the O.P. to refund the deposited amount of Rs. 1,77,249/- with 18% interest and further direction for payment of compensation of Rs.1,00,000/- and litigation cost of Rs.50,000/-.

            Facts in brief are that a representative of the OP approached Complainant for making arrangement of the tour at Spain and demanded Rs.1,77,249/- towards the cost of the said tour including the expenses of VISA. Complainant accepted the said offer and agreed to visit Spain the service of the OP and paid Rs.1,77,249/-. OP received the amount and also received all documents and papers as required for the purpose of sanction of VISA. Thereafter, Complainant came to know that VISA application has been cancelled. Complainant submitted that the VISA was processed by the OP and any deficiency to that effect lies to the OP. Due to cancellation of the VISA, Complainant could not undertake the tour. Complainant asked OP to refund the deposited amount. But OP did not refund the money. The representative of the OP verbally stated that they would like to refund the part amount to which Complainant did not agree. Thereafter, Complainant  issued a legal notice and filed this case.

            OP filed written version and denied the allegations of the complaint. It is denied that this Forum has jurisdiction to adjudicate the dispute raised by the Complainant. Further, it is stated that the VISA is issued by the authorities of the respective countries after acknowledging the intending tourists and OP had no hand in issuance of the VISA and this OP prayed for dismissal of the complaint.

Decision with reasons

            Complainant filed affidavit-in-chief to which OP filed questionnaire to which Complainant filed affidavit-in-reply. Similarly, OPs filed evidence to which Complainant filed questionnaire and OP filed affidavit-in-reply.

            Main point for determination is whether Complainant is entitled to the reliefs as prayed for.

            At the time of argument, Ld. Advocate for the OP submitted that the issuance of VISA is not in the hand of the OP and cancellation was due to the conduct of the Complainant and so OP cannot be made liable for cancellation of the VISA.

            In this regard, Ld. Advocate referred to a decision reported in III (2004) CPJ 341, wherein it has been observed that failure to arrange VISA and air tickets is not the liability of the OP. Grant of VISA  is sole discretion of that country. Application of the said VISA can be made by local agent. Similarly, OP also referred the judgment reported in 2015 (1) CPr. 440 NC, wherein Hon’ble Court observed that the issuance of VISA is not the liability of the OP. Be that as it may, it is admitted that VISA was not issued by the authorities concerned and due to the cancellation of VISA, Complainant could not undertake the tour. Ld. Advocate for OP submitted that Rs.30,000/- was deducted by the VISA authority and so this liability cannot be imputed upon the OP. On the contrary, Ld. Advocate for Complainant submitted that at the instance of the OP, the client of the Complainant had become ready to undertake the tour and the OP assured that VISA would be issued.

            Ld. Advocate for OP submitted that his client is ready to refund the money after deduction of Rs.30,000/- because this amount was taken by the VISA authorities. Ld. Advocate for OP also submitted that OP always made attempt to refund the money but Complainant did not approach the OP.

            In this regard, it is clear that OP if interested in refunding the money would have paid the money in the account of the Complainant or would have issued an account payee cheque in the name of the Complainant and sent it to the Complainant’s address. As such, this submission of Ld. Advocate for OP cannot be accepted that due to failure of the Complainant the money could not be refunded.

            It appears that VISA was cancelled. So, Complainant appears to be entitled to refund of Rs.1,47,249/- with interest of 10% p.a. from the date of filing this complaint petition. Complainant has also prayed for compensation of Rs.1,00,000/- and litigation cost of Rs.50,000/-.

            Considering the facts and circumstances, we find that if compensation of Rs.20,000/- and litigation cost of Rs.10,000/- is awarded justice would be served.

            Hence,

ordered

            CC/85/2017 and the same is allowed on contest. OP is directed to refund the money Rs.1,47,249/- within two months, in default the amount shall carry interest @ 10%p.a. from the date of the complaint till realization. In addition, OP is also directed to pay Rs.20,000/- as compensation and Rs.10,000/- as litigation cost from the date of this order. In default, the total amount of Rs.30,000/- shall carry interest @ 10%p.a. till realization.