DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.180/2009

Shri Ankit Roopanwal

S/o Sh. A. K. Roopanwal

R/o Ashoka 603, Shipra Srishti,

Ahinsa Khand, Indirapuram,

Ghaziabad-201010                                                         ….Complainant

Versus

M/s D Pauls Tour & Travels Pvt. Ltd.

Regd. Office at: B-36 & B 50, Shivalik,

Malviya Nagar, New Delhi-110017                             ….Opposite Party

                                                  Date of Institution        :09.06.16       Date of Order      : 03.12.18   

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

ORDER

Member - Kiran Kaushal

Facts of the complaint in nutshell are:-

1. The complainant, Ankit Roopanwal alongwith his wife booked a Grand Europe Tour with OP Company i.e. M/s D Pauls Tour & Travels Pvt. Ltd. The tour was having fixed departure on 03.06.16 and the total cost of the tour inclusive of taxes was Rs.3,54,000/- for two  people. Booking amount of Rs.50,000/- was given by the complainant and copy of the cash receipt is marked as Annexure A/2. The entire process from collection of documents to visa processing and booking of air tickets and hotels overseas was included in the price and had to be arranged by the OP.
   1. The complainant states that an executive of OP called him regarding the tour details and submission of required documents for processing of visa application with UK embassy since the tour’s first leg was to start from UK before advancing onto other destinations. It is further stated that the complainant deposited  Rs.50,000/- with the OP at the time of collection of visa documents. After the submission of visa documents with OP the complainant was advised that he would soon receive a call from the office of OP asking any other necessary details to be submitted with the visa application form as well as visa interview date and timings. It is next averred by the complainant  that OP after checking the visa documents of the complainant told the complainant  that his documentation was complete except the fact that he was not having any sufficient balance in his account. It is alleged that the OP advised the complainant to deposit money in his account to the tune of Rs.3 lakhs to Rs.4 lakhs in order to meet the UK visa requirement. Since the complainant was new to the UK visa formalities and as such relied completely on the OP. OP after completing the visa application of the complainant and his wife submitted the same to the UK embassy and fixed the biometric/interview date for 04.05.16.  After the biometric on the schedule date and time the complainant was advised that he will hear on the visa decision from the embassy within 10-12 working days.
   2. On 17.05.16 the complainant was shocked to know that their visas were refused by UK embassy.  The refusal letter clearly stated that the reason for refusal was inflation of account with funds to which no evidence was provided.  The complainant had no choice but to cancel the tour package with the OP. The complainant was further perturbed to know that the OP had charged the entire deposited amount of Rs.1 lakh and were demanding another Rs.40,000/- as cancellation charges as per their booking policy.
   3.  Shocked and perturbed by OP’s attitude the complainant  enquired from Finland Airline on which the complainant’s tickets were booked to go to London regarding their refund policy in case of visa refusals. Complainant was again shocked to hear from them that there refund policy clearly states that they will refund the entire ticket amount in the event of visa refusal. It is further averred that the complainant and his wife submitted the visa form again and were granted visa on 2/6/16.  Feeling aggrieved and cheated by the fraudulent act of commission and omission by giving ill advice on visa submission and thereafter adopting such malafide tactics to gain profits the complainant  approached the forum with the following prayers:-

1. Direct the OP to compensate the complainant to the tune of Rs.1,00,000/- taken illegally as booking amount.
2.  Direct the OP to further compensate the complainant to the tune of Rs.25,000/- as additional visa fees paid the second time.
3. Direct the OP to further compensate the complainant to the tune of 10,00,000/- for causing mental agony and embarrassment and other legal expenses.

2. OP resisted the complaint inter-alia on the ground that OP was not responsible for visa refusal to UK. OP further states that on receiving Rs.1 lakh from the complainant the booking was being processed by OP. Visa was applied by the complainant himself. OP provided the complainant with necessary forms for filing vide email dated 28.04.16 wherein it was stated “ Please find attached copy and cross check UK visa form and acknowledge the same.” To this the complainant gave telephonic response stating that everything is in order. The copy of the email dated 28.04.16 with its attachment is annexed as Annexure OP-2.
   1. OP next averred that the complainant himself visited visa counter for submitting visa application form with documents attached as evidentiary proof.  For this OP facilitated in fixing appointment of complainant and his wife with VFS New Delhi, Shivaji Stadium Metro Station.  OP has alleged that the complainant is making bald allegations regarding the alleged callous approach in filing visa form without disclosing crucial information to the embassy. It is next stated by the OP that it is the complainant who has to provide evidentiary proof supporting visa application.  It is further averred by the OP that the complainant got the package booked and process of booking was started simultaneously under governing cancellation terms.  The cancellation terms applicable to the complainant’s booking, when the tour package cancellation is due to visa rejection within 30 days of the date of travel, is Rs.70,000/- per person.  There is short fall of Rs.40,000/-. OP alleged that allegations levelled in the entire complaint  are designed to make an attempt to avoid terms of the booking and to take undue advantage. Therefore, the complaint being frivolous and vexatious should be dismissed with cost.
3. Rejoinder and evidence by way of affidavit are filed by complainant wherein the facts of the complaint are reiterated.  Evidence by way of affidavit is filed by Sh. R. S. Nagpal Sr. Executive of M/s D Pauls Tour and Travels Ltd.
4. Written arguments are filed by the parties.
5.  Oral arguments on behalf of the complainant are heard. However, none appeared on behalf of the OP to advance oral arguments despite affording opportunity in this regard. Material available on the record is perused.
6. Admittedly the complainant and his wife booked a Grand Europe Tour with OP Company in the month of May, 2016 and paid Rs.1 lakh to the OP in this regard. The entire process right from collection of documents to visa process and booking of air tickets and hotels overseas was included in the price and had to be arranged by the OP.  The complainant could not avail the services of the OP as his visa was refused by UK embassy.
7. Main issue for consideration before the Forum is visa refusal by UK embassy whereafter the complainant had to cancel his tour with OP. The complainant alleges that OP being a professional travel agency was required to assist, advice and aid the complainant as regards the processing of visa formalities and it was the ill advice of OP to inflate his account that the complainant’s visa got rejected and he had to cancel the tour. It is an admitted fact that OP provided the visa form to be filled by the complainant. Further the biometric/interview was arranged by OP but the factual/personal information   of the complainant was to be filled by the complainant himself.
8. It is the case of the complainant that OP had charged him for ‘Visa Process’. OP was not duty bound to provide advice and consultancy or for that matter grant of visa. To our mind ‘visa process’ would mean facilitation of visa application and this service has been certainly provided by the OP. The complainant admits that visa refusal letter clearly states that the reason for visa refusal was inflation of account with funds to which no evidence was provided. The Forum does not find any merit in the contention of the complainant that his visa was refused due to the ill advice of OP as OP had just played a role of a facilitator but the actual work i.e. filling of the form and providing the evidentiary documents to the UK embassy was to be done by the complainant. The complainant himself being an advocate and an educated person is expected to have gone through the visa application form and would have provided the information required therein, therefore we do not find any deficiency in service of OP. The complainant has next alleged that on enquiry from the Finland Airlines he got to know that the Airlines refund the entire ticket amount in the event of visa refusal to the OP Company. Though the complainant has made averments regarding refund of the airline tickets no evidence is placed on the record to prove the same. Moreover, the complainant is silent about refund of bookings in Hotels overseas, sight-seeing etc.
9. For the reasons stated above the Forum finds that there is no deficiency in service on the part of OP.  Hence the complaint is dismissed with no order as to costs.
10. Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.

Announced on 03.12.18.