BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.96 of 2020
Date of Instt. 05.02.2020
Date of Decision: 04.07.2024
Rakesh Kumar Birla S/o Kuldeep Kumar resident of H. NO.218, Gali No.4, New Green Model Town, Jalandhar, Punjab-144001.
..........Complainant
Versus
Cox & Kings at its registered office at Turner Morrison Building, Bracnh Office at:1-A, 1st Floor, Seyu Complex, Near Model Town, Gurudwara, Jalandhar, Punjab 144003 through its Director/Manager/Authorized Signatory.
….….. Opposite Party
Complaint Under the Consumer Protection Act.
Before: Dr. Harveen Bhardwaj (President)
Smt. Jyotsna (Member)
Sh. Jaswant Singh Dhillon (Member)
Present: Sh. Chandandeep Singh, Adv. Counsel for Complainant.
OP exparte.
Order
Jaswant Singh Dhillon (Member)
1. The instant complaint has been filed by the complainant, wherein it is alleged that the complainant got married in the month of February, 2019 and after his marriage, the complainant and his wife as per their aspirations and dreams, planned a family visit to France with a hope to enjoy the beautiful and heart touching place of the country being newly wedded couple. The OP for the best quotes for their travel emailed the opposite party company. Keeping in mind that the newly wedded couple has expressed the family's excitement and aspiration to visit France, the OP offered the complainant with the expensive plan stating that this plan shall be the best for the family of client. The plan shall cover all the main places of Europe and as per advice of the OP, the complainant subscribed to the plan offered by the OP. The OP offered the complainant that all the requirements and the formalities including the visa applications and approval to the booking of the hotels and travel shall be taken care of by the OP. Further, the OP allured the complainant to avail Visa Protection Plan so that in case the visa application of the complainant and his family is rejected, the amount which is paid for the booking of the planned visit shall be repaid/refunded. This visa protection plan was worth Rs.3000/- per person. The said plan along with the protection cum the insurance policy subscribed by the complainant has been placed on file. As allured by the offer given by the OP and keeping in mind the risk that the said plan covers, the complainant availed the offer for him and his family which included his wife, father and sister and for the same the OP charged the total amount of Rs.6,67,540/- which included the all the expenses of visa approval, visa protection, tickets, travel, stay and other facilities. The complainant made the complete payment of the provided plan. Further as promised by the OP they got the appointment on behalf of the complainants for the Visa on dated 16.07.2019. But it was a matter of shock, when the complainant came to know that the visa applications of the complainant and family got rejected on dated 19.07.2019. The complainant immediately contacted the OP. The OP explained the reason for rejection that due to some papers the visa application was rejected and now the complainant and his family could not visit as per the planned schedule. On scrutinizing the visa application, the complainant came to know that the visa applications of the complainant and his family were rejected on the reason that "the information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable". After reading the same the complainant was shocked as all the arrangements related to the trip was to be taken-care by the OP as assured by the opposite party at the time of explaining the offers for the visit. The complainant contacted the OP for the deficiency in service provided by the OP for not giving the correct details to the Embassy and because of the fault of the OP, the dreams of the newly wedded couple and their family got shattered and now there are very bleak chances of them to go to abroad again for the planned visit. The OP are further responsible for the adding a bad impression to the travel history of the complainant and his family. The deficiency in service provided by the OP has ruined the plan of the complainant by which he has fixed his future plans in connection with the planned group trip to France. Further, the OP assured the complainant that it shall refund the amount within few days. But nothing of such promise happened. As per the terms and conditions mentioned by the OP in the travel schedule cum the travel plan, all the arrangements including the visa application file preparation, travel, stays etc. shall be taken care of by the OP. The rejection of the visa by the embassy was due to the fault of the OP as the OP did not provide the correct and verified place of stay and failed to satisfy the embassy. Due to the fault of the OP, the complainant has suffered harassment as well as mental agony and the financial loss and dreams shattered due to your fault could not be compensated. This act of the OP has resulted in deficiency in service, negligence and unfair trade practice on the part of the OP which is unacceptable in the era of providing the service against the money and as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay the amount of booking payment of Rs.6,67,540/- and the loss suffered by the OP alongwith interest of 18% per annum from the date of payment till the full and final payment of the loss suffered. Further OP be directed to pay Rs.5,00,000/- as compensation for causing mental tension and harassment to the complainant and Rs.22,000/- as litigation expenses.
2. Notice of the complaint was given to the OP, but despite service OP failed to appear and ultimately OP was proceeded against exparte.
3. In order to prove his respective version, the counsel for the complainant has produced on the file his respective evidence.
4. We have heard the learned counsel for the complainant and have also gone through the case file very minutely.
5. In nutshell the case of the complainant pertains to the fact that complainant alongwith his wife, as newly wedded couple, has expressed the family’s excitement and aspiration to visit France and subscribed a plan offered by the OP, which is evident from Ex.C-2. The complainant has alleged that the OP offered him that all the requirements and the formalities including the visa applications and approval to the booking of the hotels and travel shall be taken care of by the OP and further the OP allured the complainant to avail visa protection plan so that in case the visa application of the complainant and his family is rejected, the amount which was paid for the booking shall be refunded and also the complainant subscribed the said plan worth Rs.3000/- per person, which is evident from Ex.C-3. The complainant made the complete payment of the provided planof Rs.6,67,540/-. Copy of the bills and receipts are Ex.C-4. They got the appointment on behalf of the complainants for the visa on 16.07.2019, which is evident from Ex.C-5. But thereafter the visa applications of the complainant and family was rejected on 19.07.2019, vide rejection letter Ex.C-6 on the ground that ‘the information submitted regarding the justification for the purpose and conditions of the intended stay was not reliable’.
6. On the other hand, the OP has not come to contest the case. So, the version of the complainant remained un-rebutted and un- challenged, even then the same is required to glance very deeply. The allegation of the complainant is supported by his own affidavit Ex.CA and supported documents Ex.C-1 to Ex.C-7.
7. After going through the case file very minutely, it is clear that the OP is deficient in service and complaint of the complainant is partly allowed. However, there is a condition in Visa Protection Plan Ex.C-3 that Visa Cost, VPP charges and Travel Insurance Cost will not be refunded at any cost. In such circumstances, the OP is directed to refund the balance amount out of Rs.6,67,540/- for four persons excluding amount of visa cost, visa protection plan and insurance cover with interest @ 6% per annum from the date of payment till its realization. Further, OP is directed to pay a compensation of Rs.15,000/- for causing mental tension and harassment to the complainant and Rs.8000/- as litigation expenses. The entire compliance be made within 45 days from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work.
8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.
Dated Jaswant Singh Dhillon Jyotsna Dr. Harveen Bhardwaj
04.07.2024 Member Member President
